How Long Does a Divorce Take in Arkansas?
If you are considering divorce, one of the first questions you may have is, “How long does a divorce take in Arkansas?”
There is no single answer because every divorce is different. An uncontested divorce may move relatively quickly once the legal requirements are satisfied, while a contested divorce involving child custody, property division, alimony, or other disagreements can take significantly longer.
Arkansas law requires at least 30 days to pass after a divorce complaint is filed before a divorce decree can be granted in most cases. However, the 30-day waiting period does not necessarily mean that every divorce will be completed in exactly 30 days.
Understanding the divorce process can help you know what to expect and prepare for the steps ahead.
What Is the Minimum Divorce Timeline in Arkansas?
Arkansas law generally requires either the plaintiff or defendant to have been an Arkansas resident for at least 60 days before the divorce action is filed. The law also requires residency in Arkansas for three full months before the final divorce judgment can be granted.
In addition, a divorce decree generally cannot be granted until at least 30 days have passed from the date the complaint was filed.
This means the legal requirements can make the overall timeline longer than simply counting 30 days from the filing date.
The actual amount of time a divorce takes depends on factors such as whether the divorce is contested, whether children are involved, how complicated the marital property is, and how quickly the parties can reach agreements.
Uncontested Divorce in Arkansas
An uncontested divorce generally occurs when both spouses are able to reach an agreement on the major issues involved in ending their marriage.
Depending on the circumstances, these issues may include:
- Division of marital property
- Division of marital debts
- Child custody
- Parenting time
- Child support
- Spousal support
- Other financial or family-related matters
When spouses agree on the important issues, there may be fewer disputes for the court to resolve. This can make the process considerably more straightforward than a contested divorce.
However, an uncontested divorce still has to satisfy Arkansas's legal requirements. Reaching an agreement does not automatically eliminate the statutory waiting period or other requirements that apply to obtaining a divorce.
Contested Divorce in Arkansas
A contested divorce can take considerably longer.
A divorce becomes more complicated when spouses cannot agree about important issues such as property, custody, support, or other terms of the divorce.
For example, if parents disagree about custody and parenting time, the court may need to address those issues before the divorce can be finalized. Similarly, disputes involving substantial assets, businesses, real estate, retirement accounts, or debts can require additional negotiations and legal proceedings.
A contested divorce may involve:
- Filing the divorce complaint
- Serving the other spouse
- Responses and other court filings
- Discovery and exchange of information
- Negotiations or mediation
- Temporary orders when necessary
- Court hearings
- Settlement discussions
- Trial, if the parties cannot reach an agreement
- Final judgment and divorce decree
Because every contested case is different, there is no guaranteed timeline.
What Can Delay a Divorce in Arkansas?
Several factors can make a divorce take longer than expected.
Disagreements Over Child Custody
When children are involved, custody and parenting-time decisions can become one of the most important parts of the divorce.
If parents cannot reach an agreement, additional negotiations, hearings, or other court proceedings may be necessary.
Disputes Over Property
Marital property can include homes, vehicles, bank accounts, investments, retirement assets, businesses, and other property acquired during the marriage.
Determining what is marital property, identifying its value, and deciding how it should be divided can add time to a divorce case.
Spousal Support
If one spouse requests spousal support and the other disputes the request, the issue may require additional negotiation or court consideration.
Difficulty Locating or Serving a Spouse
A divorce cannot always move forward as quickly when there are problems serving the other spouse or when the spouse does not participate in the case.
Arkansas law contains specific procedures for situations involving service and a spouse's failure to enter an appearance.
Court Scheduling
Even when spouses are willing to resolve their differences, court availability and scheduling can affect when a case can be completed.
Does Arkansas Require Couples to Be Separated Before Divorce?
Not necessarily.
Arkansas recognizes several grounds for divorce. One no-fault ground involves spouses living separate and apart continuously for 18 months without cohabitation. Arkansas also recognizes fault-based grounds under state law.
Therefore, the 18-month separation period should not automatically be confused with a mandatory waiting period that applies to every Arkansas divorce.
The specific grounds for divorce can affect how a case proceeds, so it is important to understand which legal requirements apply to your circumstances.
A General Arkansas Divorce Timeline
While no two cases are exactly alike, the process may generally look like this:
Step 1: Determine Eligibility
Before filing, you should determine whether you meet Arkansas's residency requirements and identify the appropriate grounds for divorce.
Step 2: File the Divorce Complaint
The divorce process begins when the appropriate paperwork is filed with the court.
Step 3: Serve Your Spouse
Your spouse generally must receive proper notice of the divorce action unless the applicable legal requirements for another form of notice are satisfied.
Step 4: Address Major Issues
The spouses may need to resolve issues involving property, debts, custody, parenting time, child support, and spousal support.
Step 5: Negotiate or Mediate
Many divorce cases can be resolved through agreements rather than requiring a trial.
Step 6: Attend Court Proceedings
If necessary, the court may hold hearings to address disputed matters.
Step 7: Finalize the Divorce
Once the legal requirements have been satisfied and the necessary issues have been resolved, the court can enter the final divorce decree.
How Can You Help Your Divorce Move Forward?
Although you cannot control every part of the court process, you can take steps to help avoid unnecessary delays.
Gather important documents early, including financial records, property information, tax documents, bank statements, retirement account information, and information concerning your children.
It can also help to communicate clearly with your attorney and respond promptly when documents or information are requested.
Most importantly, understand that rushing through a divorce is not always the best approach. Important decisions about your children, property, finances, and future can have long-term consequences.
Talk to an Arkansas Divorce Attorney
So, how long does a divorce take in Arkansas? The answer depends on the circumstances of your case.
An uncontested divorce may be resolved more efficiently when both spouses agree on the major issues, while a contested divorce can take substantially longer. Arkansas also has statutory residency and waiting-period requirements that must be satisfied before a divorce can be finalized.
If you are considering divorce and want to understand what the process may look like for your situation, speaking with an experienced Arkansas family law attorney can help you understand your options and prepare for the next steps.
Cornerstone Law Firm can help you understand the legal process and work toward protecting your interests throughout your divorce.
Frequently Asked Questions About Divorce Hearings in Arkansas
1. How long does a divorce take in Arkansas?
An uncontested divorce may be completed relatively quickly once all legal requirements are met. Arkansas generally requires at least 30 days to pass after the divorce complaint is filed before the court can grant the divorce. Contested divorces can take considerably longer.
2. Is there a waiting period for divorce in Arkansas?
Yes. Arkansas law generally requires at least 30 days to pass after the divorce complaint is filed before a divorce decree can be granted. Other residency requirements may also affect when the divorce can be finalized.
3. Can an uncontested divorce be completed faster?
An uncontested divorce is generally more straightforward because the spouses agree on major issues. However, the parties must still satisfy Arkansas's legal requirements and applicable waiting periods.
4. What can make a divorce take longer?
Disagreements about child custody, child support, property division, debts, or spousal support can extend the divorce process. Complicated assets, difficulty serving a spouse, and court scheduling can also cause delays.
5. Do I need a lawyer for a divorce in Arkansas?
You are not necessarily required to have an attorney, but legal guidance can be valuable when your divorce involves children, significant property, financial issues, or disagreements with your spouse. An experienced Arkansas divorce attorney can help you understand your rights and navigate the process.
