Traskwood Family Law Lawyer, Arkansas

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Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

David Heasley

Divorce & Family Law, Child Custody, Divorce, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Barbara Jean Penny

Family Law, Other
Status:  Inactive *Status is reviewed annually. For latest information visit here           Licensed:  46 Years

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LEGAL TERMS

DISSOLUTION

A term used instead of divorce in some states.

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.

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.'

ACCOMPANYING RELATIVE

An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card ca... (more...)
An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card can also obtain green cards or similar visas for accompanying relatives. Accompanying relatives include spouses and unmarried children under the age of 21.

PHYSICAL CUSTODY

The right and obligation of a parent to have his child live with him. Compare legal custody.

FAULT DIVORCE

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorc... (more...)
A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorce from the 'guilty' spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.

CONDONATION

One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and la... (more...)
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds.

FAMILY COURT

A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), ch... (more...)
A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), child custody and support, guardianship, adoption, and other cases having to do with family-related issues, including the issuance of restraining orders in domestic violence cases.

ORDER TO SHOW CAUSE

An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge ... (more...)
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge on her own (sua sponte). For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage--she, after all, is the one who is told to come up with a convincing reason why the judge shouldn't order something--both sides normally have an equal chance to convince the judge to rule in their favor.

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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