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Divorce Lawyer in Rogers, Arkansas
For anyone in Northwest Arkansas going through a divorce, whether or not both spouses agree.
Who this is for
Kirby Nix handles divorces where both spouses agree on everything (uncontested) and divorces where they don't (contested).
A divorce can also involve dividing property, custody of your children, or seeking an order of protection. We explain each below.
Every consultation can be in English or Spanish.
Uncontested divorce
A divorce is uncontested when you and your spouse agree on everything, including how to divide your property and, if you have children, custody, visitation, and child support.
Uncontested divorces usually move faster than contested ones. How quickly depends on how complex the case is: whether there are children, how much property there is to divide, and how long it takes to put the agreement together.
Contested divorce
If you and your spouse don't agree, the divorce is contested. A contested divorce may still be settled later, or it may go to trial.
When a case is contested, it's hard to predict how long it will take. It depends on the facts of the case and on how your spouse responds.
Marital property
Property acquired during a marriage is generally marital property, even if only one spouse's name is on it. There are exceptions, including certain gifts, inheritances, and property owned before the marriage.
We look at when and how the property was acquired before explaining how it may be divided.
Children and custody
If you have children, your divorce also sets custody, visitation, and child support. See custody and visitation for how custody is decided, and child support for how support is calculated.
Orders of protection
If you're seeking an order of protection because of domestic abuse, we can help you understand the process and prepare your request for the court. We review what happened and explain what information and evidence may be needed.
Legal separation
Legal separations are rare these days, and most end up becoming a divorce. We handle them too.
Prenuptial agreements
We also handle premarital agreements, often called prenuptial agreements or prenups, for couples before they marry.
Step by step
How the process works
Filing the complaint
We prepare the divorce complaint and file it with the court. That starts the case.
The response period, or a waiver
Your spouse has 30 days to respond to the complaint. If they agree with the divorce, they can sign a waiver instead of waiting out the response period.
Working out the settlement terms
We work with you on the terms of the settlement and share them with your spouse, who can have their own lawyer review them before signing.
Proof of residency and the decree
In Arkansas, a divorce decree can't be issued until at least 30 days after the complaint is filed. One of the spouses also has to have lived in Arkansas for at least 60 days before filing and for three full months before the decree. Even when both spouses agree on everything, the court needs proof of residency before it can issue the decree.
How long does a divorce take?
Arkansas sets minimums: at least 30 days after filing, plus the residency rules in step 4 above. Beyond that, timing depends on whether the divorce is contested, how your spouse responds, whether a hearing is needed, the court's schedule, and how complex your property and family situation is. When a case is contested, it's hard to predict how long it will take.
Do I have to go to court for my divorce?
Not always. If the divorce is settled, the judge may allow it to be finalized with signed statements instead of a hearing. That's true whether it was uncontested from the start or settled later. Some judges still hold a short hearing. We'll tell you what the court handling your case requires. If your divorce goes to trial, you'll need to be in court.
What counts as marital property?
Many people think property in only their own name isn't marital property, but property acquired during a marriage is generally marital property, even if only one spouse's name is on it. For example, a car bought during the marriage in one spouse's name is generally still marital property. There are exceptions, including certain gifts, inheritances, and property owned before the marriage.
Can you advise my spouse too?
No, even in an uncontested divorce. We represent you, so we can't give your spouse legal advice. We can answer basic questions, and your spouse can have their own lawyer review the settlement terms before signing.
What if my spouse won't agree?
Then the divorce is contested. A contested divorce may still be settled later, through an agreement you both sign, or it may go to trial, where the judge decides.
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