Filing for divorce in Arkansas? Your case will be either uncontested (you and your spouse agree on everything) or contested (disputes remain on major issues). Arkansas requires a 30-day waiting period after filing, and you must meet specific residency requirements before a decree can be granted. Navigating divorce battle or mediation costs requires understanding how Arkansas handles dispute resolution.
Arkansas offers both no-fault and fault-based grounds for divorce. The primary no-fault ground requires 18 months of continuous separation without cohabitation. Fault grounds include adultery, felony conviction, cruel treatment, and habitual drunkenness—these don't require a separation period.
Quick Comparison: Uncontested vs Contested
| Factor | Uncontested | Contested |
|---|---|---|
| Agreement | Both parties agree on all issues | One or more issues disputed |
| Timeline | 30-60 days after filing | 9-18+ months |
| Total Cost | $165-$2,500 | $7,500-$20,000+ |
| Court Hearings | Often resolved on affidavits | Multiple hearings, trial likely |
| Attorney Needed? | Optional (DIY possible) | Highly recommended |
What is an Uncontested Divorce in Arkansas?
An uncontested divorce means you and your spouse agree on all major issues including property division, debts, alimony, and (if applicable) child custody and support. Many Arkansas courts will enter decrees on filings and affidavits without requiring a live hearing if everything is complete.
Corroboration Requirement
Even in uncontested divorces, Arkansas requires corroboration of your residency by testimony or verified affidavit from someone other than the spouses. If using the 18-month separation ground, you must also corroborate the fact and continuity of that separation.
Self-Help Resources
Legal Aid of Arkansas offers a free interactive Divorce Packet for simple, no-children cases that guides you through generating the required forms.
What is a Contested Divorce?
A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, parenting time, property division, or alimony. The defendant has 30 days after service to file an Answer.
Courts have discretionary authority to order mediation in contested cases. Many judges strongly encourage or order mediation before trial, especially in custody and property disputes. Arkansas also offers reduced-cost Access & Visitation mediation for parenting issues. Exploring online versus traditional divorce options may help simplify uncontested cases.
Cost Comparison
Uncontested Divorce Costs
- Filing fee: $165 (statewide)
- Summons: $2.50 each
- Service of process: $0-$75
- Attorney (optional): $500-$2,000 flat fee
- Total typical range: $165-$2,500
Contested Divorce Costs
- Filing fees: $165+ plus motion fees
- Attorney fees: $7,500-$20,000+ depending on complexity
- Mediation: $150-$300/hour; typically $1,000-$2,500 total
- Custody evaluation: $1,000-$5,000 if needed
- Total average: $7,500-$20,000+ per spouse
Calculate Your Estimated Divorce Costs
Use our free calculator to estimate your total Arkansas divorce costs based on whether your case is uncontested or contested.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Timeline Comparison
Uncontested: Arkansas has a 30-day waiting period—no decree can be entered until 30 days after filing. Additionally, at least one spouse must have resided in Arkansas for 3 full months before the decree can be granted. Most uncontested cases finalize in 30-60 days after filing if all requirements are met. For more details, see our Arkansas divorce timeline guide.
Contested: Expect 9-18 months or longer. Discovery, mediation, temporary orders hearings, and trial scheduling all extend the process. Complex custody disputes can take 2+ years.
Frequently Asked Questions
What are Arkansas's residency requirements?
At least one spouse must have lived in Arkansas for 60 days before filing, and must have resided in Arkansas for 3 full months before the court can enter a final decree.
Do I need an 18-month separation for no-fault divorce?
Yes, for a no-fault divorce. However, if you can prove a fault ground (adultery, felony conviction, cruel treatment, habitual drunkenness, or indignities), no separation period is required.
What is the joint custody presumption?
Since 2021 (Act 604), Arkansas has a rebuttable presumption that joint custody is in the child's best interest. This can be overcome by clear and convincing evidence showing joint custody would not be in the child's best interest.
Make the Right Choice
The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and finish in weeks rather than months. Arkansas's corroboration requirements mean you'll need a third-party witness even in uncontested cases. For step-by-step guidance, see our Arkansas divorce filing checklist.
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This article is for informational purposes only and does not constitute legal advice. Arkansas divorce laws are complex and fact-specific. For guidance tailored to your situation, consult a licensed Arkansas family law attorney. Always verify current requirements with your local Arkansas Circuit Court clerk.
