When Does a Divorce Become Contested?
All divorces technically start out and hope to stay uncontested, but it becomes contested as soon as one party files for divorce and the other disputes any aspect of the filing. This may happen during the initial petition or later in the process when negotiations break down.
Here are some examples of what can escalate to be contested in court during the divorce proceeding process:
- Disputes over child custody arrangements
- Disagreement about the value or ownership of assets
- Allegations of misconduct or hidden finances
- Breakdowns in communication or refusal to negotiate
Contested divorces typically follow a longer timeline and require more court involvement than amicable splits. While timelines for divorce vary depending the complexity of the assets in the filing, here is a breakdown of the steps a typical divorce moves through and where contention comes in:
- Pre-Divorce Planning
- Filing for Divorce
- Discovery Phase
- Negotiation & Settlement Discussions
- Contesting
- Litigation
- Final Judgment.
- Post-Divorce Matters
Arkansas & Oklahoma Laws to Know
Each state handles contested divorces differently, and it’s important to understand the specific rules where you live.
Arkansas
- Waiting Period: 60 days for couples without children; 18 months of separation required if filing based on separation.
- Grounds for Divorce: Includes fault-based grounds like adultery, as well as no-fault options.
- Mediation: May be required before trial, especially in custody cases.
More Arkansas-specific divorce laws can be found here.
Oklahoma
- Waiting Period: 90 days if minor children are involved; otherwise, the divorce may be finalized sooner.
- Grounds for Divorce: Both fault-based and no-fault grounds allowed.
- Parenting Plan: Required when children are involved; disputes may go through mediation or court evaluation.
For more information on Oklahoma divorce laws, head here.
Common Issues in Contested Divorces
Contested divorce cases in Arkansas and Oklahoma often involve multiple layers of disagreement. Some of the most common sticking points include:
Child Custody Battles: Disagreements over who gets primary custody, how visitation is handled, or how decisions are made for the children.
Spousal Support: Whether alimony should be awarded, how much, and for how long.
Property Division: Splitting marital assets like homes, retirement accounts, and debts can become complex and emotionally charged.
Emotional & Legal Stress: The process can be drawn-out and emotionally taxing, especially if litigation is necessary.High-Value assets: When businesses, farm land, high-value goods, investments, heir money or other valuable items over $1 million are involved in your divorce, it is considered a high-asset divorce case. More information on cases of that nature can be found here.
How Our Attorneys Help
A skilled attorney can make all the difference in a contested divorce, especially one with as much experience as our offices have. Our caring team supports clients in Arkansas and Oklahoma with:
Legal Strategy: We build a case around your goals and prepare for negotiation or trial.
Court Representation: Whether in hearings or mediation, we advocate for your interests and rights.
Protecting Your Future: From financial security to parental rights, we make sure you’re covered every step of the way.
In so few words, it is our job and our goal to make your divorce as smooth and stress-free as we possibly can. We know that this is one of the most unanticipated and tough times in life, and having your back is our biggest promise.
Contested Divorce vs. Uncontested Divorce
Here is a helpful breakdown to best understand the difference between contested divorce and uncontested divorce.
Each situation is unique, and is hard to classify as the “right” route to go, which is exactly what we help you navigate at each step of the way.
Contested
- Disagreeing on terms
- Takes several months to 1+ year to finalize
- High legal complexity requiring the court or legal mediation
- Higher cost due to length of time and extended attorney fees
- Often more stressful
Uncontested
- Agreeing on terms
- Takes 60-90 days to finalize
- Low legal complexity that can be settled without a trial
- Lower cost
- Often more amicable
Why Choose The Law Offices of Craig L. Cook
If you’re considering a divorce—or are already facing a contested one—it’s crucial to have experienced legal support on your side from a firm who cares about you as a person. Our professional and dedicated law team is here to help you navigate the legal system, protect your interests, and move toward a resolution that works for you and your family.
We keep your wellbeing and best interest in mind knowing this is a tough time in your life.
Contact us today for a consultation and take the first step toward clarity and peace of mind.Want to take the first step? Call us at 479-783-8000.
What to Expect When You Call Us
If you’re wondering what kind of ride you’re in for when you make a call to us, we want you to feel rest assured in the certainty of knowing what will take place. Here’s what you can expect
1. Initial Intake Call
When you first call our office, you’ll speak with one of our friendly legal assistants confidentially. They’ll ask for some basic information to understand your situation, such as:
- Your name and contact details
- Your spouse’s name (to check for conflicts of interest)
- Whether children are involved
- If you’ve already filed for divorce
- The main areas of disagreement (custody, assets, etc.)
This call is usually brief and is always confidential—just enough to determine whether we are best suited to help you with your case.
2. Scheduling a Consultation
If we’re able to help you with your case, you’ll schedule a free consultation— often with one of our attorneys directly.
You’ll be able to choose between an in-person, phone, or video consultation. You may also receive a short questionnaire to complete in advance so we have background on your case.
3. The Attorney Consultation
his is when we’ll speak with you one-on-one and ask questions about the divorce process. You can expect the us to:
- Review your situation in more detail
- Explain the divorce process in Arkansas or Oklahoma
- Walk you through what a contested divorce might look like
- Discuss strategy, possible timelines, and outcomes
- Talk about fees, retainers, and what happens next
Bring any documents you have—like court papers, financial records, or custody-related notes. The more prepared you are, the more helpful this time will be.
4. Next Steps and Retaining the Attorney
If you decide to move forward, we will outline next steps and you’ll officially retain us. You’ll be asked to:
- Start providing documentation so we can begin building your case
- Sign a retainer agreement
- Pay an initial deposit or retainer fee
