Filing for divorce in Arkansas has a few quirks you should know about. For one, Arkansas has an 18-month separation requirement for no-fault divorce — one of the longest in the country. If you don't want to wait that long, you'll need to file on fault grounds, which means proving things like adultery, cruelty, or habitual drunkenness.
It's not the most modern approach to divorce law, but once you understand the rules, the actual filing process is manageable.
Quick Overview: Arkansas Divorce
Arkansas is a No-fault + fault state with Equitable Distribution for property division.
Key Facts About Arkansas Divorce
- Residency requirement: 60 days
- Filing fee: 65-85
- Typical timeline: 3-6 months
- Property division: Equitable Distribution
- Grounds: No-fault + fault
Step-by-Step: How to File for Divorce in Arkansas
Step 1: Make Sure You Meet the Residency Requirement
To file for divorce in Arkansas, you or your spouse must have been a resident of the state for 60 days before filing.
You'll need to prove residency with documents like a driver's license, voter registration, or lease agreement.
Step 2: Gather Required Documents
Before you file, collect:
- Marriage certificate (original or certified copy)
- Financial records: tax returns, pay stubs, bank statements, investment accounts
- Property records: deeds, mortgage statements, vehicle titles
- Debt information: credit cards, loans, mortgages
- Child custody information (if you have minor children): birth certificates, school records, childcare costs
Step 3: Complete the Divorce Forms
In Arkansas, you'll need to complete:
- Petition for Dissolution of Marriage (or Complaint for Divorce) — The main form that starts the divorce process
- Summons — Legal notice to your spouse
- Financial affidavits — Income, expenses, assets, and debts
- Child custody and support forms (if applicable)
- Property division worksheets
You can get these forms from:
- Arkansas court websites (search "Arkansas divorce forms")
- Your local family court clerk's office
- Legal aid organizations in Arkansas
Step 4: File Your Forms with the Court
Once your forms are complete, file them with the Arkansas family court (also called circuit court, superior court, or district court depending on the county).
Filing Fee: 65-85 (non-refundable)
If you can't afford the filing fee, you can request a fee waiver by filing an Affidavit of Indigency or similar form showing financial hardship.
Pro Tip: File in the Right County
Arkansas courts can be particular about paperwork. Double-check everything before you file. A rejected filing means starting over and potentially paying again.
Step 5: Serve Your Spouse
After filing, you must legally "serve" your spouse — meaning they must be officially notified of the divorce.
If your spouse will cooperate, have them sign a waiver of service. It's faster, cheaper, and avoids the awkwardness of a process server showing up at their door.
In Arkansas, acceptable methods include:
- Sheriff or process server — Most common method
- Certified mail (in some cases)
- Personal delivery by a non-party adult (not you)
- Acceptance of service — Your spouse signs a form acknowledging receipt
You cannot serve the papers yourself. You must use one of the approved methods under Arkansas law.
Step 6: Wait for Your Spouse's Response
Once served, your spouse has a set amount of time (typically 20-30 days in Arkansas) to file a response or answer.
If your spouse:
- Agrees with everything: The divorce can proceed as uncontested (faster and cheaper)
- Disagrees or contests issues: You may need mediation or a contested hearing
- Doesn't respond: You can request a default divorce (the court can grant the divorce without your spouse's input)
Step 7: Negotiate and Finalize Settlement
If both parties agree (uncontested divorce), you'll create a settlement agreement covering:
- Property division: Who gets what assets and debts
- Alimony/spousal support: If applicable
- Child custody and visitation: Legal and physical custody arrangements
- Child support: Calculated according to Arkansas guidelines
Property Division in Arkansas
Arkansas follows Equitable Distribution, which means:
- Assets and debts are divided fairly (not necessarily 50/50)
- The court considers factors like length of marriage, income, contributions, and needs of each party
- Marital property (acquired during marriage) is divided; separate property (owned before marriage or inherited) typically stays with the owner
Step 8: Attend the Final Hearing (if required)
Depending on your county and case, Arkansas may require a final hearing where:
- A judge reviews your settlement agreement
- You answer a few basic questions under oath
- The judge signs the final divorce decree
In some uncontested cases, Arkansas allows the divorce to be finalized without a hearing if all paperwork is correct.
Step 9: Receive Your Divorce Decree
Once the judge approves, you'll receive a final divorce decree (also called Judgment of Dissolution). This is the official document ending your marriage.
The divorce is final on the date the decree is signed. You'll receive certified copies for your records.
You're Officially Divorced
Once the decree is signed, your marriage is legally dissolved. Follow through on any requirements in the decree (transferring property, changing beneficiaries, etc.).
How Long Does a Divorce Take in Arkansas?
The timeline for divorce in Arkansas depends on several factors:
- Uncontested divorce: 3-6 months (if both parties agree)
- Contested divorce: 6-12+ months (or longer with complex disputes)
- Court backlog: Some counties have delays due to caseloads
How Much Does a Divorce Cost in Arkansas?
DIY uncontested divorce: 65-85 filing fee + minimal costs for forms/service (under $500 total)
Attorney-assisted divorce: $3,000-$15,000+ (depends on complexity and attorney rates)
Contested divorce with trial: $15,000-$30,000+ (can be much higher with complex assets or custody disputes)
When to Hire a Lawyer
You should strongly consider hiring an attorney if:
- Your spouse is contesting the divorce
- You have significant assets or complex property division
- Child custody is disputed
- There's domestic violence or abuse
- Your spouse has hired a lawyer
For simple, uncontested divorces where both parties agree, you can file yourself and save thousands in legal fees.
Common Questions About Arkansas Divorce
Do I need a lawyer to get divorced in Arkansas?
Given Arkansas's fault-based system and the complexity of proving grounds, a lawyer is more useful here than in many states. For a clean, uncontested split with the 18-month separation already done? You can probably handle it yourself. For anything contested — get help.
Can I get divorced in Arkansas if my spouse doesn't agree?
Yes, but with a caveat. For no-fault, you need to be separated for 18 months. For fault-based grounds, you'll need to prove the fault in court. Either way, your spouse can't ultimately prevent the divorce.
How is property divided in a Arkansas divorce?
Arkansas uses Equitable Distribution, which means the court divides marital property fairly (not necessarily equally). Separate property typically stays with the owner.
What if we have children?
Arkansas courts focus on the child's best interests. They'll consider each parent's ability to provide a stable home, the child's existing relationships, and — if the child is old enough — their own preference.
Can I go back to my maiden name?
Yes, you can request a name restoration as part of your divorce decree in Arkansas.
Next Steps
If you're ready to file for divorce in Arkansas:
- Gather all required documents (marriage certificate, financial records)
- Download and complete the divorce forms from your Arkansas court website
- File the forms with your local family court and pay the 65-85 filing fee
- Serve your spouse and wait for their response
- Follow through with the process until you receive your final divorce decree
Resources for Arkansas Divorce
- Arkansas Court System: Search "Arkansas family court" for forms and instructions
- Legal Aid: Search "Arkansas legal aid divorce" for free assistance if you qualify
- Self-Help Centers: Many Arkansas courts have self-help centers for DIY filers