Mineral Springs Family Law Lawyer, Arkansas
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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L. B. Abernathy
Divorce & Family Law, Family Law, Divorce, Child Custody, Child Support
L.B. Abernathy is fierce litigator in the Family Law Arena. Licensed in Arkansas in 2017, he immediately began to get as much courtroom experience as ... (more)
216 Olive Street, Texarkana, AR 71854
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1206 N State Line Ave, Texarkana, AR 71854
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Joseph Travis Tyler
Personal Injury, Social Security, Family Law, Criminal
Status: In Good Standing Licensed: 19 Years
722 E. 6Th Street, Texarkana, AR 71854
Profile LAWPOINTS™19/100
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LEGAL TERMS
PREMARITAL AGREEMENT
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometim... (more...)
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows that the agreement was likely to promote divorce, was written with the intention of divorcing or was entered into unfairly. A premarital agreement may also be known as a 'prenuptial agreement.'
GUARDIAN OF THE ESTATE
Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guar... (more...)
Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guardian of the estate may also be called a 'property guardian' or 'financial guardian.' See also guardian.
QUALIFIED MEDICAL CHILD SUPPORT ORDER (QMSCO)
A court order that provides health benefit coverage for the child of the noncustodial parent under that parent's group health plan.
CRUELTY
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.
INJUNCTION
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy fo... (more...)
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct--for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a 'mandatory injunction' to order a party to carry out a positive act--for example, return stolen computer code.
HEARING
In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an... (more...)
In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an effort to resolve a disputed factual or legal issue. Hearings typically, but by no means always, occur prior to trial when a party asks the judge to decide a specific issue--often on an interim basis--such as whether a temporary restraining order or preliminary injunction should be issued, or temporary child custody or child support awarded. In the administrative or agency law context, a hearing is usually a proceeding before an administrative hearing officer or judge representing an agency that has the power to regulate a particular field or oversee a governmental benefit program. For example, the Federal Aviation Board (FAB) has the authority to hold hearings on airline safety, and a state Worker's Compensation Appeals Board has the power to rule on the appeals of people whose applications for benefits have been denied.
COMMUNITY PROPERTY
A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings ar... (more...)
A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings are considered community property and all debts incurred during marriage are community property debts. Community property laws exist in Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin. Compare equitable distribution and separate property.
IRRECONCILABLE DIFFERENCES
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable... (more...)
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.
PETITIONER
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly div... (more...)
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly divorce and other family law cases.
SAMPLE LEGAL CASES
Arkansas Department of Human Services v. FAMILY COUNCIL ACTION COMMITTEE
... this state have a duty to protect the best interest of the child. We will discuss this
issue more fully below. III. Cohabitation in Family Law Cases. The State and FCAC
base a considerable part of their argument on their assertion ...
Seidenstricker Farms v. DOSS FAMILY TRUST
... Doss, Individually and as Trustee of the Warren N. Doss and Etta A. Doss Family Trust, Etta A.
Doss, Individually and as Trustee of the Warren N. Doss and Etta A. Doss Family Trust, Appellees.
No. 07-786. Supreme Court of Arkansas. January 10, 2008. 843 Berry Law Firm, by ...
CV's Family Foods v. Caverly
... The appellant, CV's Family Foods, appeals from the Arkansas Workers' Compensation
Commission's award of medical expenses and temporary-total disability ... We held in Hightower
that the premises exception to the going-and-coming rule was no longer the law in Arkansas ...
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