How long does a divorce take in Arkansas?

The absolute minimum time is 30 days from filing, as Arkansas law under Ark. Code Ann. Section 9-12-307(a)(1)(B) prohibits entry of a divorce decree before that period has elapsed. Realistically, even an uncontested divorce where both parties agree on everything takes approximately 45 to 60 days to finalize when accounting for service of process, document preparation, and court scheduling. Contested cases involving disputes over custody, property, or support can take 6 to 18 months or longer depending on the complexity. The 30-day waiting period cannot be waived under any circumstances.

What are the grounds for a no-fault divorce in Arkansas?

Arkansas has only one no-fault ground for divorce: the spouses must have lived separate and apart for 18 continuous months without cohabitation, as provided in Ark. Code Ann. Section 9-12-301(b)(5). This is one of the longest separation periods in the United States. Any resumption of cohabitation or sexual relations can reset the 18-month clock. The separation must be corroborated by a third-party witness. Because of this lengthy requirement, many couples instead use the fault-based ground of 'general indignities,' which effectively functions as a broader, more accessible ground for divorce.

How much does a divorce cost in Arkansas?

Filing fees in Arkansas range from $165 to $185 depending on the county. A simple, uncontested divorce handled without an attorney could cost as little as $165 to $300 total (filing fee plus certified copies). An uncontested divorce with attorney representation typically runs $1,000 to $3,500. Contested divorces with children, property disputes, or custody battles can cost $7,500 to $20,000 or more. Attorney hourly rates in Arkansas generally range from $150 to $400. Additional costs may include process service ($25 to $75), mandatory parenting classes ($30 to $60 per parent), mediation ($1,000 to $2,500), and a guardian ad litem for custody disputes ($1,500 to $5,000). Fee waivers are available for those who qualify financially.

Is Arkansas a community property or equitable distribution state?

Arkansas is an equitable distribution state, not a community property state. Under Ark. Code Ann. Section 9-12-315, marital property starts with a presumption of equal (50/50) division, but the court may deviate from this if it finds equal division would be inequitable. When deviating, the court considers factors such as the length of the marriage, each spouse's income and earning capacity, contributions to the marriage (including homemaking), each party's needs and liabilities, and the federal tax consequences of the division. The court must provide written reasons for any departure from equal division. Separate property, such as assets owned before the marriage or received by gift or inheritance, is generally returned to the owning spouse.

What is a covenant marriage in Arkansas and how does it affect divorce?

Arkansas is one of only three states (along with Louisiana and Arizona) that recognizes covenant marriage under the Covenant Marriage Act of 2001 (Ark. Code Ann. Section 9-11-801 et seq.). Couples entering a covenant marriage agree to pre-marital counseling and acknowledge more limited grounds for divorce. To end a covenant marriage, a spouse must first obtain counseling, then prove specific grounds such as adultery, felony conviction, physical or sexual abuse, or extended separation. The separation requirements for covenant divorce are significantly longer: two years without children, or two-and-a-half years with minor children (reduced to one year if abuse of a child was involved). This makes covenant divorce considerably more time-consuming than a standard divorce.

Do I need a witness to get divorced in Arkansas?

Yes. Arkansas is one of the few states that requires third-party corroboration of key divorce elements. Under Ark. Code Ann. Section 9-12-306, the filing spouse must produce a witness who can testify or sign an affidavit confirming the spouse's Arkansas residency and, if filing under the no-fault ground, the 18-month separation. This witness must be someone other than the spouses themselves and should have personal knowledge of the facts they are attesting to. In an in-person hearing, you will need to bring this witness to court. In an affidavit-based uncontested divorce, the witness must submit their own sworn deposition. This corroboration requirement cannot be waived even if both spouses agree.

Can I file for divorce online in Arkansas?

Arkansas does not offer a fully online divorce process. However, many circuit courts accept electronic filing of divorce documents through the state's eFlex system under Administrative Order No. 21. To use eFlex, you must register by submitting an Electronic Filing User Agreement and paying a registration fee. You can also download divorce forms online from Arkansas Law Help (arlawhelp.org) and the Arkansas Judiciary website (arcourts.gov) to complete at home before filing. Even with e-filing, most cases still require an in-person appearance for the final hearing, though some judges allow uncontested divorces to be completed entirely by affidavit without a court appearance.

How is alimony determined in Arkansas?

Arkansas recognizes both rehabilitative (temporary) and permanent (indefinite) alimony under Ark. Code Ann. Section 9-12-312. There is no statutory formula for calculating alimony. Instead, judges exercise broad discretion based on one spouse's demonstrated need and the other's ability to pay. Key factors include each spouse's financial circumstances, earning capacity, the length of the marriage, the standard of living during the marriage, and contributions to the marriage including homemaking. Rehabilitative alimony is awarded for a specific period to help a spouse become self-sufficient, and the court may require a rehabilitation plan. Permanent alimony can be modified upon a showing of a significant and material change of circumstances. Marital fault is not a factor in calculating alimony.

What happens if my spouse does not respond to the divorce papers in Arkansas?

If your spouse is properly served with the Complaint for Divorce and Summons but does not file a written response within 30 days, you may seek a default judgment from the court. In a default divorce, the court can grant the relief requested in your complaint, including your proposed terms for property division, custody, and support. However, even in a default case, you must still prove your grounds for divorce and your residency with corroborating evidence. The court will not simply rubber-stamp your requests; the judge must be satisfied that all statutory requirements are met. If your spouse is in the military, special protections under the Servicemembers Civil Relief Act may apply, and the court will need to be notified of the military status.

Complete Guide to Divorce in Arkansas (2026)

Q: How does child custody work in Arkansas after Act 604?

Since July 2021, Arkansas law under Act 604 (codified at Ark. Code Ann. Section 9-13-101) creates a rebuttable presumption that joint custody is in the best interest of the child. This means the court starts from the position that both parents should share custody equally. Custody decisions are made without regard to the sex of the parent. To overcome the joint custody presumption, a parent must present clear and convincing evidence that joint custody would not serve the child's best interests, such as evidence of domestic violence, child abuse, substance abuse, or an inability to co-parent. This is a higher evidentiary standard than the preponderance of evidence used in most other custody contexts. The child's own preferences may be considered if the child has sufficient mental capacity to reason, with no specific minimum age required.

Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Arkansas Divorce Law

Divorce in Arkansas requires at least 60 days of residency before filing and a 30-day mandatory waiting period before any decree can be entered. Filing fees range from $165 to $185 depending on the county. Arkansas is one of a handful of states without a true irreconcilable-differences ground; the sole no-fault option requires 18 months of continuous separation, making it one of the longest in the nation.

Overview and Key Facts About Divorce in Arkansas

Arkansas occupies a unique position in American family law. Unlike the vast majority of states that allow couples to simply cite irreconcilable differences, Arkansas requires a specific legal ground for every divorce, even when both spouses agree. This single distinction shapes every stage of the divorce process, from the initial filing through final decree.

Here are the essential facts at a glance:

Filing fee: $165 to $185 depending on the county (as of February 2026; verify with your local clerk)
Residency requirement: 60 days before filing; 3 full months before the final decree
Mandatory waiting period: 30 days after filing (cannot be waived)
No-fault ground: 18 months of continuous separation
Property division: Equitable distribution, starting from a 50/50 presumption
Child custody: Rebuttable presumption of joint custody (since July 2021)
Court system: Circuit Courts across all 75 counties

Residency Requirements

Arkansas employs a two-stage residency requirement that is more nuanced than most states. Under Ark. Code Ann. Section 9-12-307(a)(1)(A), either the plaintiff or the defendant must have resided in Arkansas for at least 60 days immediately before the filing of the Complaint for Divorce. Additionally, one spouse must have maintained actual residence in the state for three full months before the court can enter a final divorce decree.

The statute further provides, under Ark. Code Ann. Section 9-12-307(a)(1)(B), that no divorce decree can be granted until at least 30 days have elapsed from the date the complaint was filed. This 30-day waiting period is absolute and cannot be waived even if both parties agree on all terms.

A critical detail that catches many people off guard is that "residence" under this statute means actual physical presence in the state. The filing spouse must also prove their residency with corroborating evidence, typically through a third-party witness who can testify or provide a sworn affidavit confirming the filer has lived in Arkansas for the required period. This corroboration requirement, found in Ark. Code Ann. Section 9-12-306, is unusual compared to most states where a party's own testimony about residency is sufficient.

Venue rules require that the divorce be filed in the county where the filing spouse resides. If the plaintiff lives out of state but the defendant is an Arkansas resident, the case may be filed in the county where the defendant resides.

Grounds for Divorce in Arkansas

Arkansas law, codified at Ark. Code Ann. Section 9-12-301(b), enumerates specific grounds that must be established for a court to grant a divorce. All grounds must have occurred or existed within five years before filing.

No-Fault Ground

Arkansas recognizes only one no-fault ground for divorce: living separate and apart for 18 continuous months without cohabitation. Under Ark. Code Ann. Section 9-12-301(b)(5), the court must grant an absolute decree of divorce when the spouses have been separated for this period, regardless of whether the separation was voluntary, mutual, or due to the fault of either party.

This 18-month requirement is among the longest separation periods in the United States. Any resumption of cohabitation or sexual relations during this period can reset the clock entirely. The separation must also be proven through corroborating evidence from a third party.

Fault-Based Grounds

Arkansas recognizes the following fault-based grounds:

Impotence at the time of the marriage that continues (Section 9-12-301(b)(1))
Conviction of a felony or other infamous crime (Section 9-12-301(b)(2))
Habitual drunkenness for one year (Section 9-12-301(b)(3)(A))
Cruel and barbarous treatment endangering the life of the other spouse (Section 9-12-301(b)(3)(B))
General indignities rendering the other spouse's condition intolerable (Section 9-12-301(b)(3)(C))
Adultery subsequent to the marriage (Section 9-12-301(b)(4))
Incurable insanity with three years of institutional confinement (Section 9-12-301(b)(6))
Willful failure to provide support despite having the ability to do so

The most commonly used fault ground in Arkansas is "general indignities," which is a broad category covering behavior that makes living together unbearable. In practice, many Arkansas attorneys rely on this ground because it functions similarly to the irreconcilable-differences ground available in other states, while avoiding the 18-month separation requirement.

An important nuance of Arkansas law: in an uncontested divorce based on a fault ground, the filing spouse does not need to present evidence of the specific bad acts. Under Ark. Code Ann. Section 9-12-306(a), corroboration of fault grounds is only required when the divorce is contested. However, proof of residency is always required regardless of whether the divorce is contested or uncontested.

Types of Divorce: Contested vs. Uncontested

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major terms, including property division, child custody, child support, and spousal support. In Arkansas, even an uncontested divorce requires proof of legal grounds and residency.

Some Arkansas judges allow couples to finalize an uncontested divorce "by affidavit," meaning there may be no in-person hearing required. In this process, the defendant spouse signs a waiver of service, and both parties file sworn depositions about the facts of the case. A corroborating witness must also file a deposition to verify residency and, if applicable, the separation period. The judge reviews these documents and may grant the decree without a hearing.

Not all judges in Arkansas permit divorce by affidavit. It is important to check with the circuit court clerk in your county to see whether your assigned judge allows this streamlined process.

Contested Divorce

When the spouses cannot agree on one or more issues, the case becomes contested. The filing spouse must serve the other spouse with a Complaint for Divorce and a Summons. The defendant then has 30 days to file a response. Contested cases often involve discovery (the exchange of financial documents and other information), mediation, temporary orders for support and custody, and potentially a trial before a judge.

Arkansas does not use juries in divorce cases. All contested matters are decided by a circuit court judge.

Property Division Rules

Arkansas follows equitable distribution principles under Ark. Code Ann. Section 9-12-315, but with a distinctive starting presumption. The statute provides that all marital property shall be distributed one-half to each party unless the court finds such a division to be inequitable. This 50/50 starting point makes Arkansas somewhat unusual among equitable-distribution states, which typically start with no particular presumption.

If the court determines that a 50/50 split would be inequitable, it must make a different division and state its reasons in writing. The factors the court considers when deviating from equal distribution include:

Length of the marriage
Age, health, and station of each party
Occupation of the parties
Amount and sources of income
Vocational skills and employability
Estate, liabilities, and needs of each party
Opportunity for future acquisition of capital assets and income
Contribution of each party to acquisition, preservation, or appreciation of marital property (including services as a homemaker)
Federal income tax consequences of the division

Marital vs. Separate Property

Marital property includes all property acquired by either spouse during the marriage. Separate (non-marital) property is returned to the owning spouse and includes:

Property acquired before the marriage
Property acquired by gift, bequest, devise, 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 valid agreement of the parties (such as a prenuptial agreement)
Increases in value of separate property
Workers' compensation, personal injury, or Social Security benefits for permanent disability or future medical expenses
Income from property owned before the marriage or from inherited or gifted property

Notably, separate property can be converted to marital property if title is changed from individual to joint ownership. Arkansas courts may presume the spouse intended to make a gift to the marriage in such cases.

The court also has the authority to award a portion of non-marital property to the other spouse if it finds such a distribution equitable, though it must provide written justification for doing so.

Child Custody and Visitation

Arkansas underwent a major transformation in its child custody framework with the passage of Act 604 in 2021, codified at Ark. Code Ann. Section 9-13-101. This law established a rebuttable presumption that joint custody is in the best interest of the child, making Arkansas one of the strongest joint-custody-presumption states in the nation.

The Joint Custody Presumption

Under Act 604, joint custody is the default starting point for all new custody orders entered after July 2021. The law directs that custody decisions be made without regard to the sex of the parent, focusing solely on the child's best interests. When two fit parents are involved, the court begins from the premise that equal shared parenting is appropriate.

To overcome this presumption and obtain sole custody, a parent must present clear and convincing evidence that joint custody is not in the child's best interest. This is a high evidentiary standard. Examples of situations that might overcome the presumption include:

Documented domestic violence or abuse
A parent who is a registered sex offender
One parent's demonstrated pattern of willfully creating conflict
Evidence that one parent is unable or unwilling to co-parent effectively

Best-Interest Factors

When determining custody, Arkansas courts consider:

The child's wishes (if the child has sufficient mental capacity, with no specific age requirement)
The willingness of each parent to support the child's relationship with the other parent
Each parent's capacity for co-parenting
The stability and continuity of the child's environment
The physical and mental health of all parties

For the court to exercise jurisdiction over custody and visitation matters, the children must have lived in Arkansas for at least six months before the proceeding, consistent with the Uniform Child-Custody Jurisdiction and Enforcement Act.

Parenting Classes

Arkansas requires parents with minor children to complete a mandatory parent education program, as referenced in Ark. Code Ann. Section 9-12-322. These classes typically cost between $30 and $60 per parent and cover effective co-parenting during and after divorce.

Child Support Guidelines

Arkansas reformed its child support calculations in 2020, moving from the older percentage-of-income model to an income-shares model under Administrative Order No. 10. This model is based on the principle that children should receive the same proportion of parental income they would have received had the parents lived together and shared financial resources.

Under the income-shares model, each parent's gross monthly income is considered, and the combined income is applied to the Arkansas Family Support Chart to determine the total child support obligation. Each parent's share is calculated as their prorated percentage of the combined income.

The amount produced by the chart carries a rebuttable presumption of correctness. A deviation requires a written finding that applying the chart amount would be unjust or inappropriate. Both parents must submit proof of their income, and support can be calculated on either a joint or non-joint custody basis.

The Family Support Chart is reviewed and revised at least once every four years by a committee appointed by the Chief Justice of the Arkansas Supreme Court. The shift to income shares often results in different calculations than the previous model, especially when both parents have significant income.

Fault is not a factor in determining child support. As one legal analysis noted, there is often a disconnect between the reason for separation or divorce and the information relevant to child support.

Spousal Support and Alimony

Arkansas recognizes two types of alimony under Ark. Code Ann. Section 9-12-312:

Rehabilitative Alimony

This is temporary support awarded in fixed installments for a specified period, designed to help a spouse become self-supporting. When rehabilitative alimony is requested, the court may require the recipient to submit a rehabilitation plan outlining education, training, or employment goals and timelines.

Permanent (Indefinite) Alimony

In appropriate cases, the court may award ongoing alimony. However, permanent alimony is always subject to modification based on a significant and material change of circumstances unless the parties have a settlement agreement stating otherwise.

The court determines whether to award alimony based on one spouse's need and the other spouse's ability to pay. Unlike some states, Arkansas has no statutory formula for calculating alimony. Judges exercise broad discretion based on factors including:

The financial circumstances and needs of each spouse
Each spouse's earning capacity
The length of the marriage
The standard of living established during the marriage
The requesting spouse's contributions to the marriage (including homemaking)

Alimony may be modified by either party petitioning the court upon demonstrating a significant change in circumstances. It is worth noting that Arkansas does not consider marital fault when calculating spousal support.

The Filing and Court Process: Step by Step

Step 1: Confirm Residency and Gather Documentation

Before filing, confirm that either you or your spouse has resided in Arkansas for at least 60 days. Gather all relevant financial documents, including tax returns, bank statements, pay stubs, mortgage information, retirement account statements, and any prenuptial agreements.

Step 2: Prepare the Complaint for Divorce

The Complaint for Divorce is the initial document filed with the court. It tells the court you are seeking a divorce, identifies the legal ground(s) for the divorce, and states what relief you are requesting (custody, support, property division, etc.). You will also need a Summons, which notifies your spouse of the legal action.

Official forms are available through the Arkansas Judiciary Court Forms page or through Arkansas Law Help.

Step 3: File the Complaint

File the Complaint for Divorce with the Circuit Court Clerk in the county where you reside. You will pay the filing fee at this time ($165 to $185 depending on the county). Many Arkansas Circuit Courts accept electronic filing through the eFlex system under Administrative Order No. 21, which requires registration and a small fee.

Step 4: Serve Your Spouse

After filing, you must legally serve your spouse with the Complaint for Divorce and Summons. Service can be accomplished by:

Process server
Deputy sheriff
Certified mail
Publication (only when all other methods have been exhausted and the defendant cannot be found)

The defendant must be served within 120 days of filing.

Step 5: Wait for Response

The defendant has 30 days after being served to file a written response. If the defendant files a response contesting the divorce, the case proceeds as a contested matter. If the defendant does not respond, the filing spouse may seek a default judgment.

Step 6: Discovery and Negotiation (If Contested)

In contested cases, both parties exchange financial information and other documents through the discovery process. The parties may also engage in mediation, which some judges require for custody disputes. Mediation in Arkansas typically costs $150 to $300 per hour.

Step 7: Temporary Orders (If Needed)

Either party can request temporary orders for child custody, child support, spousal support, or possession of the marital home while the divorce is pending.

Step 8: Final Hearing or Trial

For uncontested cases, a brief hearing (or affidavit process) confirms the grounds for divorce and residency. The filing spouse must bring a corroborating witness. For contested cases, a trial before a circuit court judge resolves disputed issues.

Step 9: Entry of Divorce Decree

Once the judge is satisfied that all requirements are met, the Decree of Divorce is entered. The decree outlines all rights, responsibilities, custody arrangements, support obligations, and property divisions. No decree can be entered until 30 days after filing and 3 full months of residency by at least one spouse.

Timeline From Filing to Final Decree

The timeline for a divorce in Arkansas varies significantly based on whether the case is contested:

Fastest possible (uncontested, all requirements met): Approximately 30 to 60 days after filing
Typical uncontested divorce: 45 to 90 days
Moderately contested divorce: 6 to 12 months
Highly contested divorce with custody disputes: 12 to 18 months or longer

Remember that the 30-day mandatory waiting period cannot be waived under any circumstances, and the three-month residency requirement must be satisfied before the decree is entered.

Costs Breakdown

The cost of divorce in Arkansas ranges widely depending on complexity. Here is a general breakdown (as of February 2026; verify current fees with your local clerk):

Court filing fee: $165 to $185
Service of process: $25 to $75
Certified copies of the decree: $5 to $15 per copy
Mandatory parent education class (if children are involved): $30 to $60 per parent
Mediation: $1,000 to $2,500 total
Attorney fees (uncontested): $1,000 to $3,500
Attorney fees (contested): $7,500 to $20,000+
Attorney hourly rates in Arkansas: $150 to $400 per hour
Guardian ad litem (if custody is disputed): $1,500 to $5,000
Fee waiver: Available through an Affidavit of Indigency for those who qualify

For those who cannot afford these costs, Legal Aid of Arkansas provides free legal services to individuals earning up to 125% of the federal poverty level. Legal Aid offices are located in Little Rock, Fort Smith, Jonesboro, Springdale, and other cities and can be reached at 1-800-952-9243.

What Makes Divorce in Arkansas Unique

The Corroboration Requirement

Arkansas stands apart from most states in requiring third-party corroboration for key elements of a divorce case. You cannot simply tell the court you meet the residency requirement or that you have been separated for 18 months. You must produce a witness who can corroborate these facts through testimony or a sworn affidavit. This requirement is codified in Ark. Code Ann. Section 9-12-306.

No "Irreconcilable Differences" Ground

While nearly every other state allows some form of irreconcilable differences or marital breakdown as a no-fault ground, Arkansas does not. The only no-fault option is the 18-month separation. This means most couples who want to divorce without a lengthy separation must allege a fault-based ground, typically general indignities.

Covenant Marriage

Arkansas is one of only three states (along with Louisiana and Arizona) that recognizes covenant marriage under the Covenant Marriage Act of 2001, codified at Ark. Code Ann. Section 9-11-801 et seq. Couples who enter a covenant marriage agree to pre-marital counseling and accept significantly more limited grounds for divorce.

To divorce from a covenant marriage, a spouse must first obtain counseling and then prove one of the following grounds: adultery, felony conviction, physical or sexual abuse, living separate and apart for two years (or two years and six months if there are minor children), or abuse of a child. The separation period is reduced to one year if the separation was granted due to abuse of a child or spouse.

Covenant marriages are relatively uncommon in Arkansas, but those who are in one face a more complex and time-consuming divorce process.

The 50/50 Starting Presumption for Property

While Arkansas is classified as an equitable-distribution state, its statutory starting point of 50/50 for marital property is more typically associated with community-property states. The court can deviate from equal division but must provide written justification for doing so.

Act 604: One of the Strongest Joint Custody Presumptions

Arkansas's 2021 joint custody law creates one of the most robust shared-parenting presumptions in the country. The "clear and convincing evidence" standard required to overcome the presumption is significantly higher than the "preponderance of evidence" standard used in many other states for custody disputes.