Divorce Laws in Arkansas: Complete 2026 Guide

Arkansas requires a legally recognized ground for every divorce — the state does not permit couples to simply cite 'irreconcilable differences' as many other states do (Ark. Code Ann. § 9-12-301). The state recognizes one no-fault ground and eight fault-based grounds, and all grounds must have occurred or existed within five years before the filing of the divorce complaint (Ark. Code Ann. § 9-12-307(a)(3)). The sole no-fault ground for divorce in Arkansas is that the spouses have lived separate and apart for at least 18 continuous months without cohabitation (Ark. Code Ann. § 9-12-301(b)(5)). This means no sexual relations during the entire separation period. Even a brief reconciliation or resumption of intimate relations can reset the 18-month clock. Proof of the separation must be corroborated by someone other than the spouses, typically through testimony or a sworn affidavit (Ark. Code Ann. § 9-12-306(c)). The eight fault-based grounds for divorce include: (1) impotence existing at the time of marriage (§ 9-12-301(b)(1)); (2) conviction of a felony or other infamous crime (§ 9-12-301(b)(2)); (3) habitual drunkenness for one year (§ 9-12-301(b)(3)(A)); (4) cruel and barbarous treatment endangering the life of the other spouse (§ 9-12-301(b)(3)(B)); (5) general indignities rendering the other spouse's condition intolerable (§ 9-12-301(b)(4)); (6) adultery; (7) willful failure to provide support despite having the ability; and (8) incurable insanity with three years of institutionalization (§ 9-12-301(b)(6)). Among these, 'general indignities' is by far the most commonly used ground, as it broadly covers behavior demonstrating settled hatred, alienation, or estrangement. Importantly, in uncontested divorces, Arkansas law exempts parties from the requirement to provide corroborating evidence of fault-based grounds (Ark. Code Ann. § 9-12-306(a)). This means that if both spouses agree on all terms, they can cite a fault ground such as general indignities without needing to present proof of the alleged misconduct. However, proof of the residency requirement is always required. Even in contested cases, the defendant spouse may sign a written waiver of the corroboration requirement (Ark. Code Ann. § 9-12-306(b)). These provisions allow many Arkansas couples to avoid the lengthy 18-month separation period. Arkansas also recognizes 'covenant marriages' under the Covenant Marriage Act of 2001 (Ark. Code Ann. § 9-11-801 et seq.), which have more restrictive grounds for divorce. In a covenant marriage, the separation period is two years (rather than 18 months), and other grounds are more limited. This is an important distinction for any couple who entered into a covenant marriage in Arkansas.

Arkansas has a distinctive two-pronged residency requirement codified in Ark. Code Ann. § 9-12-307. First, either the plaintiff or the defendant must have been an actual resident of Arkansas for at least 60 days immediately before filing the Complaint for Divorce. Second, one spouse must have maintained actual residence in Arkansas for three full months before the court can enter a final judgment granting the divorce decree. This means you can file after 60 days of residency, but the decree cannot be finalized until the three-month mark is reached. The statute defines 'residence' as actual physical presence in the state (Ark. Code Ann. § 9-12-307(b)). Arkansas courts take residency verification seriously — unlike many states, the court will not simply accept a plaintiff's statement about residency. Instead, the plaintiff must prove residency through testimony or sworn affidavit, typically requiring a corroborating witness who can verify the plaintiff has lived in Arkansas for the required period (Ark. Code Ann. § 9-12-306). Regarding venue, the divorce should be filed in the county where the filing spouse (plaintiff) resides. If the plaintiff is not an Arkansas resident but the defendant is, the case may be filed in the Arkansas county where the defendant resides (Ark. Code Ann. § 9-12-303(a)). Military personnel are subject to the same residency requirements, though the court must be informed of any active military status to account for potential deployment issues affecting service of process. For child custody purposes, it is important to note that the children must have lived in Arkansas for at least six months before the court can exercise jurisdiction over custody and visitation matters, pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This is separate from the divorce residency requirement and may affect the timing of custody determinations in your case.

Arkansas follows an equitable distribution model for dividing marital property in divorce, as governed by Ark. Code Ann. § 9-12-315. The statute establishes a presumption that all marital property shall be distributed one-half (1/2) to each party. However, if the court finds that an equal division would be inequitable, it may order a different division it deems fair based on the specific circumstances of the case. When departing from a 50/50 split, the court must consider several statutory factors under § 9-12-315(a)(1)(A), including: (i) the length of the marriage; (ii) the age, health, and station in life of the parties; (iii) the occupation of the parties; (iv) the amount and sources of income; (v) vocational skills; (vi) employability; (vii) the estate, liabilities, and needs of each party and opportunity for further acquisition of capital assets and income; (viii) the contribution of each party to the acquisition, preservation, or appreciation of marital property, including services as a homemaker; and (ix) the federal income tax consequences of the court's division of property. If a judge divides property unequally or includes separate property in the division, the judge must state the reasons in writing. 'Marital property' is defined as all property acquired by either spouse during the marriage, with several key exceptions (§ 9-12-315(b)). Separate property — which is generally not subject to division — includes: property acquired before the marriage; property received by gift, bequest, or inheritance; property acquired in exchange for pre-marital or gifted property; property acquired after a decree of divorce from bed and board; property excluded by a valid agreement (such as a prenuptial agreement); and the increase in value of separate property. However, income derived from separate property during the marriage may be considered marital property. In practice, while the starting point is a 50/50 division, the court has discretion to adjust based on the equitable factors. Separate property that has been commingled with marital assets (such as an inheritance deposited into a joint bank account) may lose its separate character and become subject to division. Parties can also negotiate their own property settlement through a Marital Separation Agreement or Property Settlement Agreement, which the judge must approve. Couples are strongly encouraged to work with an attorney or mediator to ensure all assets — including retirement accounts, pensions, investments, and business interests — are properly identified, valued, and divided.

Arkansas law provides for spousal support (alimony) under Ark. Code Ann. § 9-12-312, which authorizes the court to make orders concerning alimony that are 'reasonable from the circumstances of the parties and the nature of the case.' Either spouse — regardless of gender — may request alimony. The two primary factors courts consider are the need of the requesting spouse and the other spouse's ability to pay. Arkansas does not have a statutory list of specific factors, but appellate courts have developed well-established secondary considerations. Arkansas recognizes three types of alimony: temporary, rehabilitative, and permanent. Temporary alimony (also called separate maintenance) may be ordered during the pendency of the divorce case under Ark. Code Ann. § 9-12-309(a) and typically continues until the divorce is finalized. Rehabilitative alimony is the most common type awarded — it provides fixed installments for a specified period to allow the recipient to become self-supporting. If rehabilitative alimony is requested, the court may require the recipient to provide a rehabilitation plan (such as education or vocational training). Permanent alimony is increasingly rare and is generally reserved for cases involving long marriages where the recipient has limited employment prospects due to age or health. Secondary factors courts consider include: both spouses' financial circumstances (income, assets, and resources); the marital standard of living; the disposition of property in the divorce; the length of the marriage; the health and age of each party; and each spouse's earning capacity. Notably, Arkansas does not consider marital fault when determining alimony — an at-fault divorce due to adultery, for example, does not automatically affect the alimony award. Alimony automatically terminates upon the earliest of: the remarriage of the recipient; the recipient living full-time with another person in an intimate, cohabiting relationship; the recipient entering a relationship that produces a child and results in a child support order; or the death of either party (§ 9-12-312(a)(2)). Both the payor and recipient may petition the court for modification of alimony at any time based on a significant and material change in circumstances (§ 9-12-312(a)(7)). Bankruptcy does not discharge alimony obligations.

Arkansas law strongly favors joint custody arrangements. Since 2021, under Act 604 (codified at Ark. Code Ann. § 9-13-101), there is a rebuttable presumption that joint custody is in the best interest of the child in original custody determinations arising from divorce or paternity matters. 'Joint custody' is defined as the 'approximate and reasonable equal division of time with the child by both parents' (§ 9-13-101(a)(1)(A)(5)). Custody awards must be made without regard to the sex of the parent — solely based on the welfare and best interest of the child (§ 9-13-101(a)(1)(A)(i)). The presumption of joint custody can be rebutted if: (1) the court finds clear and convincing evidence that joint custody is not in the child's best interest; (2) the parties reach their own agreement on custody terms; (3) neither party requests joint custody; or (4) one parent is found to have engaged in a pattern of domestic abuse. There is also a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent where a pattern of abuse has been proven by a preponderance of evidence (Ark. Code Ann. § 9-15-215). When determining the best interest of the child, Arkansas courts consider a wide range of factors, including: each parent's parenting abilities and capacity to provide for the child's physical and emotional needs; the stability and safety of each parent's home environment; the quality of the child's relationship with each parent; the parents' ability to communicate and cooperate in co-parenting; the child's mental and physical health needs; proximity to schools and childcare; and the child's preferences if the child is of sufficient age and mental capacity to reason (§ 9-13-101(a)(1)(A)(ii)). Courts generally try to keep siblings together unless separation is clearly in their best interests. A parent not granted sole, primary, or joint custody is entitled to reasonable parenting time unless the court finds it would seriously endanger the child's physical, mental, or emotional health (§ 9-13-101). If parents with minor children divorce in Arkansas, both parents are typically required to complete a mandatory parent education program. For custody jurisdiction, the children must have lived in Arkansas for at least six months before the court can make custody and visitation determinations under the UCCJEA.

To file for divorce in Arkansas, you begin by preparing a Complaint for Divorce (also called a Petition), which tells the court that you want a divorce, states the grounds for divorce, and outlines what you are requesting (property division, custody, support, etc.). You will also need a Summons, which formally notifies your spouse of the legal action. Additional required forms may include a Domestic Relations Cover Sheet, Child Support Worksheet (if children are involved, using the Income Shares Model per Administrative Order No. 10), and any applicable financial affidavits. Official forms are available at the Arkansas Judiciary Court Forms page or through Arkansas Law Help. File your Complaint for Divorce and Summons with the Circuit Court Clerk's office in the county where you reside. If you are not an Arkansas resident, file in the county where your spouse lives (Ark. Code Ann. § 9-12-303(a)). You will pay the filing fee at the time of filing — the base fee is $165 statewide per Ark. Code Ann. § 21-6-403, though some counties may charge additional fees up to approximately $185. If you cannot afford the fee, you may file a Petition for Leave to Proceed In Forma Pauperis (fee waiver request). Arkansas mandates electronic filing in most Circuit Courts through the eFlex system (Administrative Order No. 21), which requires registration and a small registration fee. After filing, you must serve your spouse with a copy of the Complaint and Summons. Service may be accomplished through a process server, deputy sheriff, or certified mail. If your spouse cannot be located after diligent efforts, service by publication may be permitted. Your spouse has 30 days after service to file a response. If your case is uncontested and your spouse signs a waiver of service, some judges allow the divorce to proceed 'by affidavit' without a hearing — you and a corroborating witness would file sworn depositions, and the judge may grant the decree based on those documents. If the case is contested, it may involve discovery, mediation, temporary orders, and ultimately a trial. A final hearing is typically required, even in uncontested cases, where you and a corroborating witness verify your residency and grounds for divorce. Remember: no decree can be entered until at least 30 days after filing, and at least one spouse must have maintained three full months of Arkansas residency. If minor children are involved, both parents will generally be required to attend a mandatory parent education program (approximately $30–$60 per parent). Divorce cases in Arkansas are handled by the Circuit Courts, which serve as the state's courts of general jurisdiction. Arkansas has 28 judicial circuits covering all 75 counties. The domestic relations division (or family law division, in larger circuits) of the Circuit Court hears divorce, child custody, child support, paternity, and other family law matters. In some smaller circuits, the same judge handles all civil and criminal matters, including divorce cases. The proper venue for filing a divorce is the Circuit Court in the county where the plaintiff (filing spouse) resides. If the plaintiff is not an Arkansas resident, the complaint should be filed in the county where the defendant spouse resides (Ark. Code Ann. § 9-12-303(a)). Cases are assigned to a Circuit Court judge who manages the docket, sets hearings, and enters the final decree. If either party is dissatisfied with the Circuit Court's decision, they may appeal to the Arkansas Court of Appeals, which reviews family law cases for errors of law and abuse of discretion. Further appeal may be taken to the Arkansas Supreme Court in limited circumstances. The Arkansas Supreme Court also oversees Administrative Orders that affect divorce proceedings, including Administrative Order No. 10 (Child Support Guidelines using the Income Shares Model) and Administrative Order No. 21 (mandatory electronic filing through the eFlex system in most Circuit Courts).

Arkansas imposes a mandatory 30-day waiting period after the filing of a Complaint for Divorce before any decree can be granted (Ark. Code Ann. § 9-12-307(a)(1)(B)). This waiting period applies to all divorces — contested and uncontested alike — and cannot be waived by the court under any circumstances, even if both spouses agree on all terms. In addition to the 30-day post-filing waiting period, the residency requirement creates an additional timeline constraint. At least one spouse must have maintained actual residence in Arkansas for three full months before the court can enter the final divorce decree (§ 9-12-307(a)(1)(A)). If a spouse has been an Arkansas resident for only the minimum 60 days before filing, they will need to wait at least an additional 30 days (to reach the three-month residency mark) before the decree can be entered — which aligns with the 30-day mandatory waiting period. For those pursuing a no-fault divorce, there is a much longer effective waiting period: the spouses must have lived separate and apart for 18 continuous months without cohabitation before the court will grant a no-fault divorce (Ark. Code Ann. § 9-12-301(b)(5)). This is one of the longest separation requirements in the United States. Many Arkansas couples choose to file on the fault-based ground of 'general indignities' to avoid this lengthy separation period. In practical terms, an uncontested divorce where residency is already established can realistically be completed in approximately 45 to 60 days, while contested cases may take 12 to 18 months or longer depending on the complexity of the issues involved.