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Conway Divorce Lawyers

Arkansas

By Antonio G. Jimenez, Esq., Florida Bar No. 21022 | Covering Arkansas divorce lawLast updated June 17, 20267 min read

Local divorce attorney serving Conway

B. Keith Faulkner, P.A.

A Conway divorce lawyer files your case in the Faulkner County Circuit Court (20th Judicial Circuit), with papers submitted to the Circuit Clerk at 724 Locust Ave., Conway, AR 72034. The 2026 filing fee is $165, Arkansas requires 60 days of residency before filing, and a mandatory 30-day waiting period applies before any decree.

CountyFaulkner County
Filing fee$165 paper filing; approximately $185 electronic filing (verified March 2026); In Forma Pauperis fee waiver available
Filing courtFaulkner County Circuit Court (20th Judicial Circuit); papers filed with the Faulkner County Circuit Clerk
Court addressFaulkner County Circuit Clerk, 724 Locust Ave., Conway, AR 72034 (courthouse at 801 Locust St.; mail to PO Box 9, Conway, AR 72033)
Property divisionEquitable distribution with a 50/50 presumption (Ark. Code Ann. § 9-12-315)
Waiting period30 days mandatory and non-waivable (Ark. Code Ann. § 9-12-307)
Residency requirement60 days of Arkansas residence before filing; 3 months before final decree (physical presence required via Resident Witness Affidavit)

Filing for divorce in Conway means working through the Faulkner County Circuit Court, which sits at the heart of Arkansas's 20th Judicial Circuit alongside Searcy and Van Buren counties. Conway is the county seat, so residents do not travel far: the Circuit Clerk's office is at 724 Locust Ave., a few blocks from the historic courthouse square downtown. Faulkner County, home to roughly 135,000 people in 2026, processes the bulk of its domestic relations cases here, and knowing the local logistics saves time and money.

This page explains where Conway residents physically file, what it costs, how long it takes, and the Arkansas statutes that govern grounds, property, and custody. Every figure below was verified against Faulkner County and Arkansas court sources in 2026.

Conway Divorce Filing: Key Facts

ItemDetail
CountyFaulkner County (20th Judicial Circuit)
Filing courtFaulkner County Circuit Court; papers filed with the Circuit Clerk
Court addressCircuit Clerk: 724 Locust Ave., Conway, AR 72034 (courthouse: 801 Locust St.)
Filing fee$165 paper; about $185 electronic (March 2026)
Residency requirement60 days before filing; 3 months before final decree
Waiting period30 days, mandatory and non-waivable (Ark. Code Ann. § 9-12-307)
Property modelEquitable distribution, 50/50 presumption (Ark. Code Ann. § 9-12-315)

How do I file for divorce in Conway, Arkansas?

To file for divorce in Conway, you submit a Complaint for Divorce to the Faulkner County Circuit Clerk at 724 Locust Ave. and pay the $165 filing fee (about $185 for electronic filing as of March 2026). You must state a statutory ground under Ark. Code Ann. § 9-12-301, attach a Resident Witness Affidavit proving physical presence, and serve your spouse. The case proceeds in the 20th Judicial Circuit.

Arkansas is a fault-friendly but practically no-fault-driven state. Most Conway filings use the 18-month separation ground under Ark. Code Ann. § 9-12-301(b)(5), under which the court shall grant an absolute decree when spouses have lived apart 18 continuous months without cohabitation. Fault grounds such as general indignities or cruel treatment remain available. After filing, the Circuit Clerk assigns a case number and the matter is docketed in Faulkner County Circuit Court.

Where do I file for divorce in Conway? (which courthouse)

Conway residents file divorce papers with the Faulkner County Circuit Clerk at 724 Locust Ave., Conway, AR 72034, open 8:00 a.m. to 4:30 p.m. Monday through Friday. The Circuit Court itself handles domestic relations matters as part of the 20th Judicial Circuit. Mail filings go to PO Box 9, Conway, AR 72033. The clerk's phone is 501-450-4911.

Do not confuse the offices. The Faulkner County Circuit Clerk (724 Locust Ave.) handles divorce, civil, and real-estate records. The separate County Clerk at 801 Locust Ave. manages probate and quorum-court matters, not divorces. The District Court on the city side hears misdemeanors and small claims, not divorce. For a contested case requiring a hearing, you appear before a circuit judge; uncontested matters are often resolved on submitted paperwork.

How much does a divorce lawyer cost in Conway?

A Conway divorce lawyer typically costs $250 to $400 per hour, with an upfront retainer of $2,500 to $5,000 for a contested case. An uncontested divorce handled flat-fee usually runs $1,000 to $2,500 in legal fees, plus the $165 court filing fee. Contested divorces involving custody, business assets, or property disputes commonly reach $7,500 to $15,000 or more.

Several factors drive the total. An uncontested case where both spouses agree on property, support, and parenting is the cheapest path. Contested issues, especially custody disputes under Arkansas's joint-custody presumption, add hearings and discovery that raise the bill. If you cannot afford the $165 filing fee, you may request a fee waiver by filing an Application to Proceed In Forma Pauperis with a financial affidavit; the court can waive the fee for qualifying low-income filers. Legal Aid of Arkansas also serves Faulkner County residents who meet income guidelines.

How long does a divorce take in Conway?

An uncontested divorce in Conway generally takes 45 to 90 days from filing to final decree. Arkansas imposes a mandatory 30-day waiting period under Ark. Code Ann. § 9-12-307 that cannot be waived, even in emergencies. Contested cases involving custody or property disputes typically take 6 to 12 months, depending on the Faulkner County Circuit Court docket and the complexity of the issues.

The timing rules can stack. Because the court cannot enter a decree until the filing spouse has maintained three months of actual Arkansas residence, a person who files on day 60 of residency must still wait until day 90 before finalizing. That residency floor can extend a case beyond the 30-day cooling-off period. Settling early, completing financial disclosures promptly, and reaching agreement on custody and property are the most reliable ways to keep a Conway divorce on the faster end.

What are the residency requirements to file in Faulkner County?

To file for divorce in Faulkner County, one spouse must have lived in Arkansas for 60 days before filing the Complaint, and one spouse must maintain actual Arkansas residence for three full months before the court enters a final decree. Arkansas defines residence as physical presence, not mere intent, so the filing spouse must prove presence through a Resident Witness Affidavit.

You file in the county where the plaintiff resides, which for Conway residents is Faulkner County. If the filing spouse is not an Arkansas resident but the other spouse lives in Faulkner County, the case may be filed where the defendant resides. The Resident Witness Affidavit, signed by a third party who can confirm your physical presence, is a standard requirement that distinguishes Arkansas from states that accept domicile alone.

How is property divided in an Arkansas divorce?

Arkansas divides marital property by equitable distribution under Ark. Code Ann. § 9-12-315, which presumes a 50/50 split of all marital property unless an equal division would be inequitable. Marital property is everything acquired during the marriage except gifts, inheritances, and property owned before marriage. A judge who departs from an equal split must state the reasons in the record.

When weighing an unequal division, the court considers statutory factors including the length of the marriage; each spouse's age, health, and station in life; income and earning capacity; contributions to acquiring or preserving property, including homemaker services; and the federal tax consequences of the division. Separate property generally stays with its owner, though a judge may include it if excluding it would be unfair after applying the factors.

How does child custody work in Conway divorces?

Arkansas courts decide custody under Ark. Code Ann. § 9-13-101 using the best-interest-of-the-child standard. Since Act 604 took effect in 2021, there is a rebuttable presumption that joint custody serves the child's best interest in original custody determinations. The court awards custody without regard to the parents' sexes and may consider a mature child's preference.

The joint-custody presumption can be rebutted by clear and convincing evidence that joint custody is not in the child's best interest, by a parental agreement on all custody issues, or where a party does not request sole, primary, or joint custody. Where a parent has committed domestic violence, the judge must weigh that conduct against the child's best interest. Custody orders can later be modified on a material change in circumstances. Use the child support calculator to estimate obligations under Arkansas guidelines.

Frequently Asked Questions About Divorce in Conway

Where do Conway residents file for divorce?

Conway residents file with the Faulkner County Circuit Clerk at 724 Locust Ave., Conway, AR 72034, part of the 20th Judicial Circuit. The office is open 8:00 a.m. to 4:30 p.m. weekdays and can be reached at 501-450-4911. Mail filings go to PO Box 9, Conway, AR 72033.

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How much is the divorce filing fee in Faulkner County?

The 2026 divorce filing fee in Faulkner County is $165 for paper filing, or about $185 for electronic filing as of March 2026. If you cannot afford it, you may file an Application to Proceed In Forma Pauperis with a financial affidavit, and the court can waive the fee for qualifying low-income filers.

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How long must I live in Arkansas before filing in Conway?

One spouse must have lived in Arkansas for 60 days before filing the divorce Complaint in Faulkner County, and one spouse must maintain actual residence for three full months before the court enters a final decree. Arkansas requires proof of physical presence through a Resident Witness Affidavit, not just intent to reside.

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What is the waiting period for divorce in Arkansas?

Arkansas imposes a mandatory 30-day waiting period under Ark. Code Ann. § 9-12-307, counted from the filing date, before a court can finalize any divorce. This cooling-off period cannot be waived, even in domestic violence or emergency situations, and applies to every Conway divorce regardless of whether it is contested.

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How much does a Conway divorce lawyer cost?

A Conway divorce lawyer generally charges $250 to $400 per hour, with retainers of $2,500 to $5,000 for contested cases. Uncontested flat-fee representation typically runs $1,000 to $2,500 plus the $165 court fee. Contested custody or property cases commonly reach $7,500 to $15,000 or more depending on complexity.

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Is Arkansas a 50/50 property division state?

Arkansas is an equitable distribution state, not a strict community property state. Under Ark. Code Ann. § 9-12-315, marital property is presumed split 50/50, but a judge may divide it unequally if an even split would be inequitable. The judge must explain any unequal division in the court record.

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Does Arkansas favor joint custody?

Yes. Since Act 604 took effect in 2021, Arkansas applies a rebuttable presumption that joint custody is in a child's best interest under Ark. Code Ann. § 9-13-101. The presumption can be rebutted by clear and convincing evidence, a parental agreement, or where neither parent requests joint or primary custody.

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What are the grounds for divorce in Arkansas?

Arkansas allows both fault and no-fault grounds under Ark. Code Ann. § 9-12-301. The most common is living separate and apart for 18 continuous months without cohabitation. Fault grounds include general indignities, cruel and barbarous treatment, felony conviction, and impotence, each requiring corroborating proof in the Faulkner County Circuit Court.

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8 frequently asked questions about divorce in conway. Click a question to expand the answer.

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