How Long Does a Divorce Take in Arkansas?

Divorce is a significant life event that can be both emotionally and legally challenging. One common question people have when considering divorce is how long the process will take.

The timeline for a divorce can vary widely depending on several factors, including whether the divorce is contested or uncontested, the marital assets, and the presence of any disputes over child custody.

At the James B. Bennett Law Office, I understand that clients want clarity and certainty during this difficult time, and I'm here to provide guidance and support throughout the divorce process.

Understanding the timeline of a divorce in Arkansas is crucial for anyone going through this process. While each case is unique, certain general steps and time frames can give you a better idea of what to expect. By working with an experienced divorce attorney, you can maneuver within the legal system more effectively and work towards a resolution that meets your needs.

The Basics of Divorce in Arkansas

Arkansas law requires that at least one spouse must have lived in the state for a minimum of 60 days before filing for divorce. This residency requirement is the first step in determining whether the Arkansas courts have jurisdiction over your divorce case.

Once the residency requirement is met, the filing spouse can submit a complaint for divorce to the court, outlining the grounds for the divorce and any requests for division of property, alimony, child custody, or other issues.

The grounds for divorce in Arkansas can be either fault-based or no-fault. In a no-fault divorce, the couple must demonstrate that they've lived separately for at least 18 months without cohabitation. For fault-based divorce, the ground can include, among others:

• Adultery

• Cruelty

• Habitual drunkenness

• Domestic violence

• Felony conviction

The type of grounds cited in the divorce can impact the timeline, particularly if the divorce is contested. An uncontested divorce, where both parties agree on all terms, will typically proceed more quickly than a contested divorce.

Uncontested Divorce: A Faster Resolution

An uncontested divorce is generally the quickest way to finalize the dissolution of a marriage. In an uncontested divorce, both spouses agree on all major issues, including property division, alimony, child custody, and support. Since there are no disputes to resolve, the court's role is primarily to review the agreement and make sure it complies with state law and is fair to both parties.

Once the divorce complaint is filed, there's a mandatory 30-day waiting period, by law, before the court can issue a final divorce decree. This waiting period is designed to give both parties time to consider the decision to divorce and to finalize any agreements.

If everything is in order, the divorce can be finalized soon after this waiting period, making the entire process take about two to three months from start to finish. Working with a divorce attorney can help expedite the process by making sure that all paperwork is correctly completed and submitted on time.

Contested Divorce: A Longer Process

A contested divorce, where the spouses can't agree on key issues, can take significantly longer to resolve. In these cases, the court will need to intervene to resolve disputes, which can involve multiple hearings, mediation, and possibly a trial. The time it takes to resolve a contested divorce depends on the issues involved and the willingness of both parties to negotiate.

One of the main factors that can prolong a contested divorce is the discovery process. During discovery, both parties exchange information and documents related to their finances, assets, debts, and any other relevant issues.

This process can take several months, especially if there are disputes over the accuracy or completeness of the information provided. After discovery, the parties may engage in mediation to try to reach a settlement. If mediation is unsuccessful, the case will go to trial, which can extend the timeline by several more months.

Factors That Can Affect the Timeline

Several factors can influence how long a divorce takes in Arkansas. The presence of minor children, for example, often complicates the process, especially if there are disputes over custody, visitation, or child support. The court's primary concern in these cases is the best interests of the child, and this can involve evaluations, interviews, and other steps that extend the timeline.

The division of marital property is another factor that can affect the duration of a divorce. Arkansas is an equitable distribution state, meaning that property and debts are divided fairly but not necessarily equally. Disputes over the value of assets, the division of retirement accounts, or the handling of debts can require additional time to resolve.

Additionally, if one party is seeking alimony, the court will need to consider factors such as the length of the marriage, the financial needs of each spouse, and their ability to pay.

The Role of a Divorce Attorney

Working with an experienced divorce attorney can have a significant impact on the timeline of your divorce. A divorce attorney can help you understand your rights and options, negotiate on your behalf, and guide you through the legal process. They can also help you avoid common pitfalls that can delay the resolution of your case.

One of the key roles of a divorce attorney is to facilitate communication and negotiation between the parties. In many cases, disputes can be resolved more quickly through negotiation or mediation rather than going to trial.

An attorney can help you reach a fair settlement that addresses your needs and allows you to move forward with your life. In cases where trial is necessary, an attorney can represent you in court, presenting your case effectively and working to achieve the best possible outcome.

What to Expect After Filing for Divorce

After filing for divorce in Arkansas, the next steps will depend on whether the divorce is contested or uncontested. If the divorce is uncontested, the parties will work together to finalize their agreement, and the court will review and approve the terms. If the divorce is contested, the court will set a schedule for the case, including deadlines for discovery, mediation, and trial.

Throughout the process, it's important to stay informed and engaged. Regular communication with your divorce attorney can help you understand what to expect and how to prepare for each step of the process. Whether you're seeking a quick resolution through an uncontested divorce or preparing for a contested case, a knowledgeable attorney can make a significant difference in the outcome.

Work With an Experienced Attorney Today

The length of time it takes to finalize a divorce in Arkansas can vary widely depending on the circumstances of the case. Uncontested divorces can be resolved in as little as two to three months, while contested divorces can take significantly longer, sometimes a year or more.

At the James B. Bennett Law Office, I am committed to helping clients work through the divorce process as smoothly and efficiently as possible. Whether you're facing a straightforward uncontested divorce or a more difficult and contested case, I'm here to provide the guidance and support you need.

Contact the James B. Bennett Law Office today to discuss your situation and learn how I can assist you in achieving a fair and timely resolution to your divorce. I not only work with clients from El Dorado, Arkansas but also with clients throughout South Arkansas