What Is the Difference Between a Contested and Uncontested Divorce in Arkansas?
When you're considering divorce, one of the first questions is whether your case will be contested or uncontested. Understanding the difference can help you make informed decisions and better prepare for the legal process.
In an uncontested divorce, both spouses agree on matters such as property division, child custody, child support, and alimony. In a contested divorce, one or more of those issues remain unresolved and must be settled through negotiation or decided by the court.
At Vernetti Law, we help clients navigate both contested and uncontested divorces. Whether you and your spouse agree on the terms of your divorce or disagree on key issues, our attorneys can explain your legal options, advocate for your interests, and guide you through each stage of the process.
From our office in Bentonville, Arkansas, we proudly serve clients throughout Benton County and Washington County. If you're ready to discuss your situation or have questions about your next steps, contact our office today to schedule a consultation.
What Is Uncontested Divorce?
An uncontested divorce happens when both spouses agree on the terms of the split before filing, or reach agreement shortly after. That includes how property and debts will be divided, whether either spouse will receive spousal support, and, if the couple has children, how custody, visitation, and child support will work.
Because there are few or no disputed issues for a judge to resolve, uncontested divorces move faster and cost less. The parties typically submit a signed settlement agreement to the court, and a judge reviews and finalizes it without a trial. Arkansas still requires the paperwork to meet specific legal standards, though, so even an amicable divorce benefits from an attorney who can confirm the agreement is enforceable and complete before it is filed.
What Is Contested Divorce?
A contested divorce occurs when spouses cannot agree on one or more issues related to ending their marriage. In some cases, they may disagree on nearly every aspect of the divorce. In others, the dispute may involve just one issue, such as property division, child custody, child support, or alimony. When the parties cannot reach an agreement, the disputed issues must be resolved through negotiation, mediation (if ordered by the court or agreed to by the parties), or, if necessary, by a judge.
Contested divorces involve unresolved disputes, so they typically take longer and cost more than uncontested divorces. Depending on the circumstances, the process may include exchanging information and evidence, attending hearings, participating in mediation, and engaging in settlement negotiations before the case proceeds to trial. If the spouses still cannot reach an agreement, the judge will decide the remaining issues based on Arkansas law and the facts of the case.
Our experienced divorce attorneys work to protect your rights and advocate for your interests throughout every stage of a contested divorce. Whether you're facing a dispute over your children, your finances, or your property, we will work to pursue a fair resolution while providing the guidance you need to make informed decisions.
Fault vs. No-Fault Grounds: How Arkansas Lets You File
Arkansas recognizes both fault and no-fault divorce, regardless of whether the case ends up contested or uncontested. A no-fault divorce is granted once the spouses have lived apart, without cohabitation, for at least 18 months.
Unlike a no-fault divorce, a fault-based divorce does not require spouses to live apart for 18 months before filing. Instead, the spouse seeking the divorce must prove one of Arkansas's statutory fault grounds, which include:
Adultery
Cruel and barbarous treatment
Habitual drunkenness for at least one year
Incarceration
Impotence
Conduct causing humiliation, shame, or embarrassment
A pattern of general indignities that makes the other spouse's condition intolerable, such as repeated humiliation, ridicule, or abusive behavior
Willful failure to support the other spouse
These are some of the statutory fault grounds recognized under Arkansas law. Choosing fault grounds may allow a divorce to proceed without waiting for the 18-month separation period, but proving fault requires evidence and often makes the case more contentious. Spouses pursuing a fault-based divorce should expect the process to resemble litigation rather than a simple filing.
What Issues a Judge Decides in a Contested Divorce
When a divorce is contested, Arkansas courts resolve disputed issues under state law rather than personal preference. Marital property is divided under an equitable distribution standard, meaning the split is fair but not necessarily equal. Judges weigh factors such as each spouse's income, contributions to the marriage, and the value of assets like real estate, retirement accounts, and business interests.
Spousal maintenance, often called alimony, may also be contested, particularly when one spouse earns significantly more than the other. If the couple has children, custody, visitation, and child support become part of the dispute as well, calculated based on factors including the number of children and each parent's income. These are precisely the issues that, when agreed upon in advance, keep a divorce uncontested.
Which Path Fits Your Situation?
Some marriages end with both spouses aligned on next steps. Others end with disagreement over nearly everything. Most fall somewhere in between, starting contested on a few points and settling before trial once both sides negotiate through their attorneys.
An uncontested divorce is worth pursuing whenever both spouses can reach agreement, since it typically means a faster resolution and lower legal costs. But agreeing too quickly, without fully understanding your rights to property, support, or custody, can leave you with a settlement that does not reflect what you are entitled to. A contested divorce, while more demanding, ensures that a judge reviews the full picture when spouses cannot agree.
Let Vernetti Law Group Guide You Through Divorce
At Vernetti Law Group, we work with clients across Bentonville, Benton County, and Washington County to determine which path makes sense for their circumstances, and to protect their interests either way. For couples who are ready to settle, we review and prepare agreements to make sure nothing is overlooked before it becomes final. For couples facing disputes, we prepare each case as though it is headed to trial, because that preparation is often what leads to a fair settlement long before a courtroom is necessary.
Every divorce carries financial and personal consequences that last well beyond the final decree. Whether your case is likely to settle quickly or requires a harder fight, having experienced counsel from the outset puts you in a stronger position from day one. Reach out now to discuss your situation and the options available to you.