Arkansas Divorce by Deposition: Finalize Without a Court Hearing

You May Not Need to Step Inside a Courtroom

Many people assume that every divorce requires a court hearing — standing before a judge, answering questions, bringing witnesses. In Arkansas, several counties let you finalize an uncontested divorce entirely in writing.

The two main pathways to skip the courtroom are "divorce by affidavit" and "divorce by deposition." Both eliminate the in-person hearing, but they work slightly differently.

Divorce by Affidavit

In "by affidavit" counties, you submit your entire finalization packet in writing to the judge's chambers. The judge reviews the paperwork, and if everything is in order, signs the Decree of Divorce without any hearing.

Your packet typically includes:

• Notarized Uncontested Client Affidavit — Your sworn written testimony covering your residency, the statutory ground (usually general indignities), and confirmation that all terms are agreed
• Resident Witness Affidavit — Your third-party witness's notarized statement corroborating your Arkansas residency under § 9-12-306(c)(2)
• Executed Marital Settlement Agreement — Signed by both spouses, covering property, debts, custody, and support
• Proposed Decree of Divorce — The final order you've drafted for the judge's signature
• AOC Disposition Sheet — The administrative form the court system uses for statistical tracking
• Child Support Worksheet (if applicable) — Showing the calculation under Administrative Order No. 10

The judge reviews everything, confirms the statutory requirements are met (residency, waiting period, proper service), and signs the decree. You get notified when it's done.

Divorce by Deposition

The deposition method is slightly more formal. Instead of a simple affidavit, you prepare written deposition testimony — a set of questions and answers that stand in for the testimony you would have given at a live hearing.

The deposition typically covers:

• Your name, address, and how long you've lived in Arkansas
• The date and place of your marriage
• Whether you have minor children
• The statutory ground for divorce
• Confirmation that all terms are agreed and reflected in the Marital Settlement Agreement
• Whether either spouse is pregnant

If you have an attorney, they draft the questions. If you're pro se, you prepare both the questions and answers, then sign the deposition before a notary. Some counties provide a standard deposition format; others expect you to create your own following the court's general requirements.

Which Counties Allow Written Finalization

There's no statewide rule on this — each circuit judge sets their own policy. In practice:

• Many urban and suburban counties (including Pulaski, Lonoke, and White counties, among others) allow finalization by affidavit or deposition for uncontested cases
• Some rural counties still require every divorce litigant to appear for a brief prove-up hearing, regardless of whether the case is contested
• Individual judges within the same county may have different preferences

The only way to confirm your county's procedure is to contact the circuit clerk's office and ask. Request this information before you prepare your finalization packet so you know whether you're preparing written affidavits or scheduling a hearing date.

What a Prove-Up Hearing Looks Like (If You Have to Go)

If your county requires an in-person hearing, it's brief — usually 5–10 minutes. You and your corroborating witness appear before the judge. The judge asks:

• Are you a resident of Arkansas? For how long?
• Is this your corroborating witness? Can they confirm your residency?
• What is the ground for this divorce?
• Have you and your spouse agreed on all terms?
• Is there anything about the settlement agreement you want changed?

Your witness confirms your residency dates. The judge reviews the proposed decree and signs it. You're done.

This isn't a trial — there's no cross-examination, no opposing counsel, no presentation of evidence beyond your testimony and your witness's. It's a procedural formality to satisfy the statutory requirement that the court hear corroborating evidence.

Requirements That Apply Either Way

Whether you finalize by affidavit, deposition, or hearing, these requirements are non-negotiable:

• 30-day waiting period must have elapsed since the Complaint was filed
• Three-month residency must be satisfied for at least one spouse
• Corroborating witness must verify residency (via affidavit or live testimony)
• All financial disclosures (Affidavit of Financial Means) must be on file
• Parenting class certificates must be filed if minor children are involved

The Arkansas Divorce Filing Process Guide includes templates for the Uncontested Client Affidavit and written deposition, plus county-specific finalization instructions.

See more Arkansas guides →