Divorce can be a challenging and emotional process, but it doesn’t always have to be contentious or drawn out. An uncontested divorce is a streamlined alternative that can save time, money, and stress. In Arkansas, this option is available for couples who can agree on the terms of their separation. This blog will guide you through the basics of uncontested divorce in Arkansas, what you need to know if you have minor children, and the associated costs.
What is an Uncontested Divorce?
An uncontested divorce is when both parties agree on all significant issues, including property division, child custody, child support, and spousal support. Because there is no dispute over these matters, the process is typically faster and less expensive than a contested divorce.
Requirements for an Uncontested Divorce in Arkansas
To file for an uncontested divorce in Arkansas, several requirements must be met:
- Residency: At least one spouse must have been a resident of Arkansas for at least 60 days before filing.
- Grounds for Divorce: Arkansas recognizes both fault and no-fault grounds for divorce. For an uncontested divorce, the no-fault ground of “separation of 18 months” is most commonly used.
- Agreement on Major Issues: Both parties must agree on all terms of the divorce, including asset division, debt division, alimony, child custody, and child support.
Uncontested Divorce in Arkansas with Minor Children
When minor children are involved, the court will prioritize their best interests. Even in an uncontested divorce, both parents must agree on a parenting plan that includes:
- Custody Arrangements: Whether it will be joint or sole custody.
- Visitation Schedules: Specific times and dates for each parent.
- Child Support: Following Arkansas guidelines to ensure fair financial support.
The court will review the agreement to ensure it serves the child’s best interests. If the judge finds the agreement satisfactory, they will approve it as part of the divorce decree.
Cost of Uncontested Divorce in Arkansas
The cost of an uncontested divorce in Arkansas is generally lower than that of a contested divorce. Costs can include:
- Filing Fees: These vary by county but typically range from $100 to $200.
- Attorney Fees: Hiring an attorney for an uncontested divorce can typically cost between $500 and $1,500, depending on the complexity of the case.
- Additional Costs: There might be other costs such as notary fees or costs for copies of the divorce decree.
The Process of Filing for an Uncontested Divorce
- Preparation of Documents: This includes a complaint for divorce, a marital settlement agreement, and a parenting plan if children are involved.
- Filing the Complaint: File the necessary documents with the clerk of the court in the appropriate county.
- Service of Process: The other spouse must be formally notified of the divorce filing.
- Final Hearing: Even in uncontested cases, a brief court appearance may be required to finalize the divorce.
Advantages of an Uncontested Divorce
- Cost-Effective: Lower legal fees and court costs.
- Time-Saving: Faster resolution compared to contested divorces.
- Less Stressful: Fewer court appearances and reduced conflict.
- Privacy: Details of the divorce are less likely to be aired in a public courtroom.
Contact River City Law Today
Navigating the process of an uncontested divorce in Arkansas can be straightforward with the right guidance and support. By agreeing on key issues and meeting the state requirements, you and your spouse can achieve a smoother and less costly divorce.
For those in Little Rock and surrounding areas, Attorney Trent Thomas at River City Law offers experienced legal services in divorce, custody, child support, spousal support, and more family law matters. With a commitment to providing compassionate and effective legal assistance, Attorney Thomas can help you through every step of the uncontested divorce process. Contact River City Law at (501) 615-8253 or via email at trent@rivercityfirm.com for a consultation. See all of the divorce laws in Arkansas here!
