Scott Allen Scholl’s Answers

Scott Allen Scholl

North Little Rock Family Law Attorney.

Contributor Level 18
  1. How can I get an annulment in Arkansas if we haven't been married for an entire year?

    Answered 8 months ago.

    1. Scott Allen Scholl
    2. Rixon Charles Rafter III
    3. William Emil Cassara
    3 lawyer answers

    By your post, it is uncertain that you would be able to have your marriage annulled. There is a common misconception that a marriage can be annulled if you have been married for less than a year. However, an annulment is based on the grounds that the marriage was invalid. Even if you were only married for a day, if the marriage was valid you would need to pursue a divorce if you no longer wished to be married. Theoretically it may be possible to have your marriage annulled if your...

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  2. Wat if this person was pressured into telling a lie on hisself

    Answered 9 months ago.

    1. Scott Allen Scholl
    2. Seth Layton Bowman
    3. Alan James Brinkmeier
    3 lawyer answers

    If you are being charged with a criminal offense, get an attorney right away. If you cannot afford one, make a request with the Court that you be appointed one. Do not discuss the case with anyone but your attorney. When you do get an attorney, make sure you advise them not only of the statement, but all of the circumstances surrounding the statement. Once the attorney has the information, they will be able to determine the best way to handle the situation.

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  3. What can I do about a deputy sheriff not reading u your rights,searching,booking in and letting someone leave state with kids?

    Answered about 1 year ago.

    1. Scott Allen Scholl
    2. Aaron Scott Hill
    2 lawyer answers

    There are several separate issues in your query. First, if you and your girlfriend were never married and you have not gone through the court to establish paternity you do not have any rights to the children. If you want to assert any custodial/visitation rights you must go through the court to establish your paternity and rights. The paternity lawsuit will have to be filed in the home state of the children (as defined by statute), not your home state. The deputy is not a judge, so s/he...

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  4. Can my divorced parents sue my daughter's father separately for grandparents' visitation rights?

    Answered almost 2 years ago.

    1. Scott Allen Scholl
    2. Jonathan Silvanus Udoka
    3. David Alexander Browde
    4. Calli Diane Baldwin
    4 lawyer answers

    In Arkansas, there is a presumption that if a parent does not wish for grandparents to visit the child, then the denial of visitation is in the child's best interests. That presumption can be overcome, but there are a few hurdles that the grandparent must overcome before they can establish that they can seek grandparent visitation. Because your parents are divorced, they can certainly file separately because it may be that the court finds that one may establish visitation rights, but not...

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  5. How can I get power of attorney until my sister passes or gets better?

    Answered about 2 years ago.

    1. Scott Allen Scholl
    2. James P. Frederick
    2 lawyer answers

    By your post it doesn't appear as though your sister is legally competent, and if that is the case then she cannot execute a power of attorney. You can file a petition in the circuit court to appoint you as her guardian. If believe your brother in law and/or your sister's kids are going to object to the guardianship or ask that they be appointed instead of you, you will want the help of an attorney.

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  6. I thought I was divorced. I remarried. We are now seperated but found out I'm still married to the first man. What do I do?

    Answered 8 months ago.

    1. Scott Allen Scholl
    1 lawyer answer

    Since you were not divorced, you were not free to re-marry and your subsequent marriage is void. What to do next depends on what your goals are . . . such as divorcing your husband and then marrying the subsequent "husband," but if you do not want to reconcile with the subsequent husband you may want to consider getting a decree of annulment.

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  7. What is the statue of limitation in Arkansas on credit cards I have read both 3 years and 5 year what is the statue # if year

    Answered 12 months ago.

    1. Scott Allen Scholl
    2. Oswald Claude Sparks
    3. Richard M. Weaver
    3 lawyer answers

    There is some disagreement over whether the correct statute of limitations is 3 years (because it is an open account) or 5 years (as a written contract, if you have a written cardholder agreement). You may find yourself getting into some pretty sophisticated legal arguments, and so you may want to sit down with an attorney to review your case.

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    1 person marked this answer as helpful

  8. How do I get my spouse to complete an affidavit of financial means?

    Answered about 1 year ago.

    1. Scott Allen Scholl
    2. Aaron Scott Hill
    3. Erica Durr
    3 lawyer answers

    They will likely bring her completed affidavit with them to the hearing, and move to have it admitted during her wife's testimony. If you wish to receive a copy of her affidavit prior to the hearing, you can make a Request for Production. If you are going to represent yourself, you should review the Arkansas Rules of Civil Procedure, the Arkansas Rules of Evidence, and the substantive law of any contested issues. The judge cannot give you legal advice, and if you do not comply with the...

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    1 person marked this answer as helpful

  9. If there are 3 wills, which stands up in probate? There were 3 wills written and signed by 1 couple.

    Answered over 2 years ago.

    1. Scott Allen Scholl
    2. Michael S. Haber
    2 lawyer answers

    It appears that Husband's Will has already been probated (well over 5 years ago), so that shouldn't be an issue anymore. So, assuming that the Will that Wife executed in 1998 was valid, then it should be the will that is probated because it is her last will.

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  10. I opened a credit card in my 4 yr old child's name. I didnt pay it and now a suit has been filed. Prior to the suit being filed,

    Answered almost 3 years ago.

    1. Scott Allen Scholl
    2. Stephen M Trezza
    2 lawyer answers

    You opened up a big can of worms by opening up the card your child's name. Get an attorney as soon as possible, and do not post anything in a public forum that anyone other than your attorney might see.

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    1 person marked this answer as helpful

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