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18 & Life to Go: a Legal Handbook for Young Arkansans

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18 & Life to Go: a Legal Handbook for Young Arkansans 18and Life to Go: A Legal Handbook for Young Arkansans Prepared by Arkansas Bar Association Young Lawyers Section Revised Edition 2011 18 And Life To Go: A Legal Handbook For Young Arkansans Authored and Edited by the Young Lawyers Section Of the Arkansas Bar Association Revised Edition 2011 1 2 TABLE OF CONTENTS PREFACE TO THE FIRST EDITION (APRIL 2009) ...................................... 5 ACKNOWLEDGMENTS FOR THE FIRST EDITION (APRIL 2009) ...................................................................................................... 6 NOTES TO THE 2011 PRINTING OF THE FIRST EDITION ...................... 7 CONTRIBUTING AUTHORS OF THE FIRST EDITION (APRIL 2009) ...................................................................................................... 8 CONTRIBUTING EDITORS OF THE FIRST EDITION (APRIL 2009) ...................................................................................................... 11 CHAPTER 1 - MARRIAGE AND FAMILY: Getting Hitched, Breaking Up, and Taking Responsibility ................................................................................ 12 Marriage .............................................................................................. 13 Types of Marriage .............................................................................. 13 Divorce and Annulment ................................................................... 15 Child Custody and Visitation ........................................................... 19 Spousal Support and Child Support ............................................... 21 Spousal Support (Alimony) Modification....................... 27 Child Support Modification .............................................. 27 Pre-Nuptial Agreements ................................................................... 27 Domestic Violence ............................................................................. 28 Parents’ Rights, Grandparents’ Rights, Children’s Rights, and Adoption ............................................................................................. 30 CHAPTER 2 - CONTRACTS AND INSURANCE: Entering Into Agreements and Reducing Risks ........................................................................................... 35 Contracts ............................................................................................. 36 Insurance ............................................................................................. 41 CHAPTER 3 - LEASE AGREEMENTS: Renting Your First Home.............. 52 CHAPTER 4 - PERSONAL PROPERTY: Taking Care of Your and Others’ Stuff ....................................................................................................... 58 CHAPTER 5 - YOUR CAR: PART I: Buying It and Repairing It ................. 64 CHAPTER 6 - YOUR CAR, PART II: Driving It and Wrecking It ............. 71 Getting (and Losing) Access to the Open Road ............................. 72 Car Insurance ..................................................................................... 74 Run-Ins (With the Law and Others) Along the Route .................. 76 3 CHAPTER 7 - PERSONAL INJURIES (OTHER THAN CAR WRECKS): Getting Hurt - Who If Anyone is Responsible .............................................. 80 CHAPTER 8 - YOUR MONEY: No One Will Care About It If You Don’t .................................................................................................... 84 CHAPTER 9 - CONSUMER RIGHTS: Protection From Those Trying to Sell You Stuff and Loan You Money ..................................................................... 90 Credit .................................................................................................. 91 Credit Cards ....................................................................................... 94 Debit Cards ........................................................................................ 96 Money Problems ............................................................................... 97 Helpful Resources - Government and Private ............................. 99 Common Scams and Schemes ......................................................... 100 Other General Consumer Information ........................................... 103 CHAPTER 10 - EMPLOYMENT: Entering the ―Real World‖ and Earning a Paycheck ............................................................................................................ 106 Applying for a Job ............................................................................. 107 Discrimination, Sexual Harrassment, and Unsafe Working Conditions………………… .............................................................. 110 Taxes ................................................................................................... 113 Workers’ Compensation................................................................... 114 CHAPTER 11 - MEDICAL AND PRIVACY RIGHTS: Protecting and Making Decisions About Your Body and Personal Affairs ....................................... 117 CHAPTER 12 - CRIMINAL LAW: Staying Out of Trouble and Dealing with Law Enforcement ............................................................................................. 127 CHAPTER 13 – THE PRICE OF INDEPENDENCE: Confronting the Issues which Confront Those with New-Found Freedoms (Sex, Computers, Alcohol, Drugs, Guns, etc.) .............................................................................. 140 CHAPTER 14 - LAWSUITS AND LITIGATION: The Basics of Resolving Civil Disagreements ......................................................................................... 159 The Dispute Resolution Process ...................................................... 160 Courtroom .......................................................................................... 161 Lawsuits ............................................................................................. 161 CHAPTER 15 - DEALING WITH ATTORNEYS: What They Are, Where They Are, and What They Can Do for You ................................................... 164 CHAPTER 16 - JURY DUTY: Doing Your Civic Duty ................................. 169 CHAPTER 17 - WILLS AND ESTATES: You Only Live Once .................... 173 4 PREFACE TO THE FIRST EDITION (APRIL 2009) Dear Young Arkansan: ―18 & Life To Go: A Legal Handbook For Young Arkansans‖ is the hard work of Arkansas lawyers who have previously stood in your shoes. The authors and editors of this Handbook have all been your age, and like you have been confronted with the questions, conflicts, issues, and circumstances that now greet you on your own journey to adulthood. Leaving high school and either seeking more schooling or entering the workforce will present you with a wide range of choices, each of which can have long-lasting, legal consequences. This Handbook is designed to serve as a guide for weighing many of the pros and cons of each choice. We have sought to write it in a simple (as reasonably possible) format so that the information is understandable and applicable to your situation. Keep in mind that the information contained in this Handbook does not constitute legal advice by any individual or any entity, including the Arkansas Bar Association, and you are strongly advised to seek the assistance of a licensed attorney if you need help relating to a specific legal matter. Laws change over time, and a lawyer will need to verify and further explain any information contained within the Handbook. That aside, we are hopeful that the Handbook will still provide a basic yet comprehensive overview of many issues that you may experience in the near future. The path to adulthood is filled with pitfalls and like us you will no doubt make some mistakes. However, never forget that some mistakes can forever dictate the course of your life. We wish you the best, and encourage you to extensively use this Handbook. May you make wise, informed choices in the years to come. Sincerely, Matthew R. House Gwendolyn Rucker J. Cliff McKinney, II Attorney at Law Law Clerk for the Honorable Quattlebaum, Grooms, James & House, P.A. Henry L. Jones, Jr. Tull & Burrow, PLLC Little Rock, Arkansas United States Magistrate Little Rock, Arkansas Little Rock, Arkansas Chair, ―18 & Life To Go: 2008-2009 Chair, Young 2008-2009 Chair, Law A Legal Handbook For Lawyers Section, Day Committee, Young Young Arkansans‖ Project Arkansas Bar Association Lawyers Section 5 ACKNOWLEDGMENTS FOR THE FIRST EDITION (APRIL 2009) Dear Contributing Authors and Editors: The idea for ―18 & Life To Go: A Legal Handbook For Young Arkansans‖ was conceived in the Summer of 2008 and became a reality only a few months later in the Spring of 2009. You and over 50 other Arkansas attorneys drafted, edited, and finalized a publication that will undoubtedly help future generations of Arkansans. In the cause of public service, you took time out of your professional and personal lives to write, research, cite check, and polish the document that lies in your hands. In light of our desire to provide this document to as many young Arkansans as possible, as quickly as possible, mistakes or omissions may ultimately be found and we want to correct those in future editions of the Handbook. If you spot something, please let us know so that we can address it in the next version of this publication. We are hopeful that the Handbook will encourage young Arkansans to make wise, informed choices as they enter into the ―real world.‖ Each of us has stood in their shoes, and in hindsight probably
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