Divorce in Arkansas
In Arkansas, divorce can be granted on fault or no-fault grounds. The most common no-fault ground is living separately for 18 continuous months without cohabitation. Fault grounds include adultery, cruelty, habitual drunkenness, and other legally recognized reasons.
To file for divorce, at least one spouse must have lived in Arkansas for 60 days before filing and for three full months before the divorce is finalized. The process involves filing a complaint with the circuit court, serving your spouse, exchanging financial information, and resolving issues like property division, alimony, child custody, and support.
Divorces can be uncontested (both spouses agree on all issues) or contested (the court decides unresolved matters). The length of the process depends on the complexity of the case and whether both parties agree on key terms.
Do I need my spouse’s agreement to get a divorce in Arkansas?
No. You can still get a divorce if your spouse doesn’t agree, as long as you meet Arkansas residency and legal requirements.
How long does it take to get a divorce in Arkansas?
The waiting period is typically 30 days after filing, but contested divorces can take several months or more.
Can I file for divorce in Arkansas if I just moved here?
You must live in Arkansas for at least 60 days before filing and for 3 months before the final judgment.
Legal Process in Arkansas
Step 1: File Complaint & Pay Fee
Begin by filing a complaint for divorce with the circuit court and paying the filing fee (varies by county, often around $165–$185).
Step 2: Serve Divorce Papers
Serve your spouse with the divorce complaint and summons through a process server, sheriff, or certified mail.
Step 3: Exchange Financial Info & Negotiate Terms
Both spouses exchange financial details and attempt to agree on custody, support, and property division.
Step 4: Final Hearing & Judgment
If uncontested, the court reviews your agreement and issues a final decree. In contested cases, a trial is held before the judge decides.