If you and your spouse agree on the terms of your divorce, you may be able to obtain an uncontested divorce. Uncontested divorces are one of the most common types of divorce in Arkansas because they are generally less expensive, less stressful, and resolve much more quickly than contested cases.
At Kristen Komander Law, we help clients navigate uncontested divorces efficiently while ensuring all required legal documents are properly prepared and filed.
An uncontested divorce means that both spouses have reached an agreement on all issues that must be decided before a divorce can be finalized. Rather than asking a judge to resolve disputes, the parties submit an agreed-upon Divorce Decree (and, if necessary, a Property Settlement Agreement) for the court's approval.
Although the parties agree on the outcome, the divorce must still follow Arkansas law and receive approval from the court.
The spouse who files for divorce is known as the Plaintiff, while the other spouse is the Defendant.
To begin the process, the Plaintiff files a Complaint for Divorce in the circuit court of the county where venue is proper. The Complaint must include a legally recognized ground for divorce under Arkansas law. The most common ground for divorce is both spouses living separate and apart for eighteen continuous months and the ground of General Indignities. See Ark. Code Ann. § 9-12-301.
After the Complaint is filed, the Defendant must either:
For a divorce to be truly uncontested, the parties must resolve every issue that would otherwise require the court to make a decision.
This generally includes:
If the parties cannot agree on even one significant issue, the divorce becomes contested and may require mediation, additional negotiations, or a trial.
Generally, yes.
Because the parties have already resolved the disputed issues, uncontested divorces usually move through the court system much more quickly than contested divorces.
However, Arkansas law imposes a mandatory waiting period. A divorce cannot be granted until at least 30 days after the Complaint for Divorce has been filed. See Ark. Code Ann. § 9-12-307.
The total timeline will also depend on the court's schedule, whether all paperwork is completed correctly, and whether additional documents or hearings are required.
It depends.
Whether you need to appear in court depends largely on the judge assigned to your case and the circumstances of your divorce.
Some Arkansas judges allow uncontested divorces to be finalized by affidavit without requiring either party to appear in court. Others require a brief hearing, particularly when the divorce involves children or when the court has questions about the parties' agreement.
If a hearing is required, it is typically short and focuses on confirming that the legal requirements for granting the divorce have been met.
An uncontested divorce can save significant time, money, and emotional stress when both spouses are able to work together to reach a fair agreement. Even when the divorce is amicable, having an attorney prepare the documents can help ensure that your agreement is complete, legally enforceable, and protects your interests for the future.
If you are considering an uncontested divorce in Arkansas, we can guide you through the process from start to finish.
Contact Kristen Komander Law today to schedule a consultation and discuss whether an uncontested divorce is the right option for your family.
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