Uncontested Divorce in Arkansas: What You Need to Know

Posted: November 9, 2026

Ending a marriage is never easy, but it does not have to be a battle hashed out in the courtroom. When both parties agree on the divorce and how to resolve the issues that come with it, Arkansas law allows the case to move forward as an uncontested, or no contest, divorce.

An uncontested divorce is usually faster, less expensive, and less stressful than a contested one. But it still requires a court case to be initiated, and Arkansas has specific requirements that must be satisfied before a judge will issue a decree. If you want to know if your situation meets those requirements, here is what you need to know to get started.

Who qualifies for an uncontested divorce in Arkansas?

Residency. At least one spouse must have lived in Arkansas for 60 days before the divorce is filed, and for three full months before the final decree is entered. Ark. Code Ann. § 9-12-307(a)(1)(A).

Legal ground for divorce. Arkansas does not have a simple "irreconcilable differences" option. Even when both spouses agree, the spouse filing must prove one of the grounds listed in the statute. Ark. Code Ann. § 9-12-301(b). In uncontested cases, the two most common are eighteen continuous months without living together as a couple or general indignities, in which one spouse's conduct toward the other has made the marriage intolerable.

Corroboration. In an uncontested divorce, the filing spouse's testimony about the grounds does not need to be backed up by another witness. Ark. Code Ann. § 9-12-306(a). Two things always need corroboration, however: residency and, if you rely on it, the 18-month separation. In uncontested cases, someone other than the spouses can provide that proof through testimony or a sworn affidavit. Ark. Code Ann. § 9-12-306(c). A friend, relative, or neighbor who knows your living situation usually serves this role.

How does the process work?

• Reach an agreement. You and your spouse agree on every issue: property, debts, alimony, and, if you have children, custody, visitation, and support. These terms are written into a property settlement agreement and, where children are involved, a parenting plan.
• File the complaint. One spouse files a complaint for divorce in the circuit court of the proper county.
• Sign a waiver and entry of appearance. Instead of being formally served by a process server or sheriff, the other spouse signs a document acknowledging the case and waiving formal service. This paperwork must be prepared correctly. If it is not, the final decree can be open to challenge later.
• Wait at least 30 days. Arkansas law does not allow a divorce decree to be granted until at least 30 days after the complaint is filed. Ark. Code Ann. § 9-12-307(a)(1)(B).
• Satisfy the statutory requirements. The filing spouse presents proof of residency and grounds, along with the corroborating witness's testimony or affidavit. Depending on the county and the judge, this may happen at a short hearing or largely on paper.
• Receive the decree. The judge reviews the agreement and, if everything is in order, signs the divorce decree. The agreement's terms become enforceable court orders.

How long the whole process takes depends on the county's docket and how quickly the paperwork is finalized.

What about property and children?

Without an agreement, an Arkansas court divides marital property equally unless it finds an equal split unfair. Property owned before the marriage, or received by gift or inheritance, generally goes back to the spouse who owned it. Ark. Code Ann. § 9-12-315. Spouses can agree to a different arrangement. Whatever you agree to, the decree must identify the specific property each spouse receives. Ark. Code Ann. § 9-12-315(a)(3)(A). Your agreement should also say who is responsible for each debt, including mortgages, car loans, and credit cards.

Custody decisions in Arkansas rest on the child's best interest. Arkansas law favors joint custody and presumes it serves the child's best interest in an initial divorce custody decision. Ark. Code Ann. § 9-13-101(a)(1)(A). When parents agree on all custody issues, however, the court can approve the arrangement they have chosen. Ark. Code Ann. § 9-13-101(a)(1)(A)(iv)(b)(2). A detailed parenting plan covering schedules, holidays, and decision-making helps prevent disputes later.

Child support follows the Arkansas Supreme Court's child support guidelines, Administrative Order No. 10. The judge will review any support figure you agree on to make sure it is consistent with those guidelines or departs from them only as the guidelines allow. For joint custody, the custody statute says so expressly. Ark. Code Ann. § 9-13-101(b)(1)(A)(v).

When an uncontested divorce may not be the right fit

An uncontested divorce works best when both spouses are informed, honest, and genuinely in agreement. It may not be the right path if:

• You are not sure you know everything. If you suspect your spouse is hiding assets or income, or you do not have a clear picture of the finances, signing an agreement first and asking questions later can be costly.
• The assets are complicated. A family business, retirement accounts, stock options, or real estate in several places often call for careful valuation and specialized orders.
• There is abuse or intimidation. When one spouse feels pressured or unsafe, an "agreement" may not be voluntary. Arkansas courts must consider proven domestic violence in deciding custody. Ark. Code Ann. § 9-13-101(c).
• Your spouse cannot be found or will not cooperate. If your spouse will not sign a waiver, the case proceeds differently. When the other spouse cannot be personally served and does not appear, the filing spouse must have lived in Arkansas for at least three full months before a decree is granted. Ark. Code Ann. § 9-12-307(a)(1)(C).

One more point to keep in mind: an attorney can represent only one spouse in a divorce. Even in a friendly, uncontested case, the other spouse is free to hire separate counsel to review the agreement.

Talk with an Arkansas family law attorney

An uncontested divorce can be a practical way to move forward, but the paperwork must be right the first time. A well-drafted agreement protects you now and helps avoid disputes years from now. If you are considering an uncontested divorce in Arkansas, the Divorce & Family Law attorneys at McDaniel Wolff PLLC can help you understand your options and handle the process from start to finish. To schedule a consultation, please contact our office or call (501) 954-8000.

This article is provided for general information only and does not constitute legal advice.