Arkansas filing for divorce requires understanding specific state requirements, grounds for divorce, and legal procedures. Whether you're considering an uncontested divorce or dealing with a contested divorce, knowing Arkansas law will help you navigate the divorce process successfully.
Requirements to File for Divorce in Arkansas
Before starting your Arkansas filing for divorce, you must meet specific residency and legal requirements established by state law.
Residency Requirements
You or your spouse must live in Arkansas for at least 60 days before filing and continue living in the state for 3 full months before the final judgment. This residency requirement must be proven with evidence when you file for divorce.
Waiting Period
Arkansas law requires a mandatory 30-day waiting period from filing to finalization. No divorce will be granted until at least 30 days have passed, even in uncontested cases.
Grounds for Divorce in Arkansas
Arkansas law recognizes both fault-based divorces and one no-fault ground, making it different from many other states that allow "irreconcilable differences."
No-Fault Ground
The only no-fault option requires you and your spouse to live separately for 18 continuous months without cohabitation. This separation must be proven with corroborating evidence from witnesses.
Fault-Based Grounds for Divorce
Arkansas recognizes eight fault-based grounds, including:
- Impotence at the time of marriage
- Convicted of a felony or infamous crime
- Habitual drunkenness for one year
- Cruel and barbarous treatment endangering life
- General indignities making life intolerable
- Adultery
- Incurable insanity with 3+ years separation
- Willful failure to provide support
Divorce Type | Requirements | Evidence Needed |
No-Fault | 18 months separation | Witness testimony |
Fault-Based | Specific misconduct | Proof of grounds |
How to File for Divorce in Arkansas
The Arkansas filing for divorce process involves several steps that must be completed in the correct order to ensure your case proceeds smoothly.
Step 1: Prepare Required Documents
Complete the divorce complaint, domestic relations cover sheet, and confidential information sheet (if children are involved). Include a child support worksheet if you have minor children.
Step 2: File Papers with Court
Submit your documents to the Circuit Court Clerk's office in your county. Pay the filing fee of $165 (or $185 for electronic filing). Request a fee waiver if you cannot afford the costs.
Step 3: Serve Your Spouse
Serve divorce papers using a process server, sheriff, certified mail, or regular mail with an acknowledgment form. Your spouse has 30 days to respond after being served.
Step 4: Complete Discovery
Both parties must share financial information, including assets, debts, and income. File an Affidavit of Financial Means with supporting documentation.
Step 5: Attend Mediation (if needed)
Contested cases require mediation to resolve disputes about child custody, property division, or spousal support before going to court.
Uncontested vs Contested Divorce
Understanding the difference between these two types helps you choose the right approach for your situation and manage expectations about time and costs.
Uncontested Divorce
Both spouses agree on all terms including property division, child custody, and support. You can submit a settlement agreement to the court for approval. This process is faster and less expensive.
Contested Divorce
Spouses disagree on major issues requiring court intervention. The divorce attorney will help negotiate terms, and unresolved matters go to trial, where a judge makes final decisions.
Divorce Costs in Arkansas
The total cost of Arkansas filing for divorce varies significantly depending on whether you hire a divorce lawyer and how complex your case becomes.
Basic Filing Fees
- Court filing fee: $165 (regular) or $185 (electronic)
- Service of process: $50-100
- Certified copies: $5 each
Attorney Fees
- Uncontested divorce: $500-1,500
- Contested divorce: $3,000-15,000+
- Hourly rates: $150-400 per hour
Additional Costs
- Mediation: $100-300 per hour
- Expert witnesses: $500-2,000
- Property appraisals: $300-800
Child Custody and Support
Arkansas law prioritizes the best interests of children when determining custody arrangements and financial support obligations.
Custody Types
Joint custody is presumed best unless proven otherwise. The court considers factors like parental fitness, the child's preferences (if age-appropriate), and living arrangements. One parent may receive primary custody with visitation rights for the other.
Child Support Calculation
Arkansas uses income-based guidelines considering both parents' earnings. The non-custodial parent typically pays support, but amounts vary based on custody arrangements and special needs.
Property Division in Arkansas
Arkansas follows equitable distribution laws, meaning property is divided fairly but not necessarily equally between spouses.
Marital vs Separate Property
Marital property includes assets acquired during marriage, while separate property belongs to one spouse before marriage or was received as gifts/inheritance. The court divides only marital property.
Distribution Factors
Courts consider marriage length, each spouse's contributions, earning capacity, age, health, and fault in the marriage when dividing assets and debts.
Spousal Support (Alimony)
Alimony in Arkansas is discretionary, meaning judges decide based on specific circumstances rather than automatic formulas.
Types of Alimony
- Temporary support during divorce proceedings
- Rehabilitative support for a specific period
- Permanent support in long marriages or disability cases
Determining Factors
Courts evaluate need and ability to pay, marriage duration, standard of living, age and health, earning capacity, and contributions to the marriage.
Do You Need a Divorce Attorney?
Whether to hire legal representation depends on your case complexity, financial situation, and comfort level with legal procedures.
When You Might Not Need a Lawyer
- Uncontested divorce with no children
- Limited assets and debts
- Both spouses agree on all terms
- Access to self-help resources
When You Should Hire an Attorney
- Contested divorce with disputes
- Significant assets or complex finances
- Child custody disagreements
- Domestic violence concerns
- Your spouse has legal representation
Timeline for Arkansas Divorce
The divorce process length varies significantly based on case complexity and cooperation between parties.
Divorce Type | Stage | Estimated Duration |
Uncontested Divorce | Filing to Service | 1-2 weeks |
Mandatory Waiting Period | Minimum 30 days | |
Final Hearing | 30-60 days after filing | |
Total Time | 2-4 months | |
Contested Divorce | Discovery Phase | 3-6 months |
Mediation Attempts | 1-3 months | |
Trial Preparation | 2-6 months | |
Total Time | 6 months to 2+ years |
Frequently Asked Questions About Arkansas Divorce
Can I file for divorce in Arkansas if my spouse lives in another state?
Yes, you can file for divorce in Arkansas as long as you meet the residency requirement of living in Arkansas for at least 60 days before filing. Your spouse doesn't need to be an Arkansas resident, but they must be properly served with divorce papers wherever they live.
What happens if my spouse doesn't respond to the divorce papers?
If your spouse fails to respond within 30 days of being served, you can request a default judgment from the court. This means the court will likely grant your divorce and approve the terms you requested in your original complaint, including property division and custody arrangements.
How much does it cost to get a divorce in Arkansas if I can't afford the filing fees?
If you cannot afford the $165 filing fee, you can request a fee waiver by filing an Application to Proceed In Forma Pauperis along with a financial affidavit showing your income and expenses. The court will review your financial situation and may waive the fees if you qualify based on income guidelines.
Can I get divorced faster than the 30-day waiting period in emergency situations?
No, Arkansas law does not allow exceptions to the mandatory 30-day waiting period, even in cases involving domestic violence or other emergencies. However, you can request temporary orders for protection, custody, or support during the waiting period if needed.
Do I have to go to court for an uncontested divorce in Arkansas?
In most uncontested divorce cases, at least one spouse must appear at a brief final hearing to answer questions about the divorce and confirm that the settlement agreement is fair and voluntary. Some counties may allow divorce by affidavit without a court appearance if all requirements are met.
What's the difference between legal separation and divorce in Arkansas?
Arkansas recognizes legal separation, which allows couples to live apart and resolve issues like custody and support without ending the marriage. Unlike divorce, legal separation doesn't allow either party to remarry. You can convert a legal separation to a divorce later if desired.
Can I change my name back to my maiden name during the divorce?
Yes, you can request a name change as part of your divorce proceedings at no additional cost. Simply include this request in your divorce complaint or ask the judge during your final hearing. The court will include the name change in your final divorce decree.
How is child custody decided if both parents want primary custody?
Arkansas courts decide custody based on the best interests of the child, considering factors like each parent's relationship with the child, stability of living arrangements, parenting abilities, and the child's preferences if they're old enough. The court may order a custody evaluation by a neutral professional to help make this determination.
What happens to debt acquired during the marriage?
Debts acquired during the marriage are generally considered marital debt and will be divided between spouses as part of the property division process. However, debts incurred by one spouse without the other's knowledge or for non-marital purposes may be assigned to that spouse alone.
Can I modify child support or custody arrangements after the divorce is final?
Yes, you can request modifications to child support or custody arrangements by filing a petition with the court. You must show a material change in circumstances since the original order, such as significant income changes, relocation, or changes in the child's needs or living situation.
Contact a local divorce attorney if you have questions about your specific situation or need help navigating the Arkansas filing for divorce process.