Legal Question in Family Law in Arkansas

Re: Sexual Abuse against Grandaughter

Your state�s laws might differ from mine, and I don�t know enough facts to give specific advice.

Also, I had to edit a long response to fit this format, so please excuse the abrupt tone.

You say �she is being told� and �they�re telling her.� If They aren�t attorneys, They�re probably

telling war stories the same way we tell scary pregnancy stories to the first timer. Daughter

should quit listening. If They is an attorney, Daughter can get a second opinion.

Generally, the person who brought a debt or an asset into the marriage leaves with it. In an

�equitable distribution� state, the court can order a different distribution if Daughter�s facts

support her argument that equity demands a different distribution -- father�s in jail and can�t support the kids, he was the sole source of income, Daughter could sell his house, use the

proceeds to pay off the mortgage on her house where the kids live, she wouldn�t need AFDC and

food stamps. You get the gist.

Generally, creditor can�t hold wife liable for husband�s premarital debt unless wife agreed to be

jointly liable -- e.g., her name on his credit card, for instance. The court could order her to pay them, but I don�t think that will happen.

If Daughter wants a divorce, she can probably get one before husband is sentenced. But she can�t really propose a property division until he�s sentenced because the sentence affects husband�s ability to support the children.

Don�t be penny wise but pound foolish. She could get a divorce for only $250, then spend $2,000 later to fix mistakes. Ask relatives to chip in; call it this year�s Christmas present. Call the state bar referral service for names of family law practitioners. Call the local Legal Services Corporation office; if they can�t take the case, they might give her names of attorneys who do pro bono work.