Can I file for divorce in Arkansas based on irreconcilable differences?

No. Unlike many other states, Arkansas does not recognize irreconcilable differences as a ground for divorce. You must cite a specific fault-based ground or establish that you and your spouse have lived separate and apart for at least 18 continuous months.

How long do I need to live in Arkansas before I can file for divorce?

You must have been a bona fide resident of Arkansas for at least 60 days before filing. Additionally, the court cannot hear your case until you have been a resident for at least three full months (90 days).

How much does it cost to file for divorce in Arkansas?

The court filing fee is approximately $165–$185, depending on the county. Total costs will be higher if you hire an attorney or if the divorce is contested, potentially ranging from a few hundred dollars to tens of thousands of dollars.

How long does a divorce take in Arkansas?

An uncontested divorce can be finalized in as little as one to three months after filing, subject to the mandatory 30-day waiting period. Contested divorces can take six months to well over a year. If you rely on the no-fault separation ground, the 18-month separation must be completed first.

Is Arkansas a 50/50 property division state?

No. Arkansas follows an equitable distribution model, meaning property is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse's earning capacity, and contributions to marital property when making its determination.

Does fault affect property division or alimony in Arkansas?

It can. While Arkansas courts focus primarily on equitable factors, proof of marital fault — such as adultery or cruel treatment — may influence the court's decisions on property division and spousal support in some cases.

How is child custody decided in an Arkansas divorce?

Arkansas courts decide custody based on the best interests of the child. Factors include each parent's relationship with the child, the child's wishes (if mature enough), the mental and physical health of all parties, and any history of domestic violence or substance abuse. Joint custody is possible but not automatically presumed.

Can the 30-day waiting period be waived in Arkansas?

No. The 30-day mandatory waiting period after filing cannot be waived under any circumstances. This minimum period applies to all Arkansas divorces regardless of whether the case is contested or uncontested.

Divorce in Arkansas: A Complete Guide

Introduction

Filing for divorce in Arkansas involves navigating a set of laws and procedures that differ in meaningful ways from those of many other states. Arkansas does not allow couples to simply cite "irreconcilable differences" as a catch-all ground for divorce, and it imposes a distinctive two-pronged residency requirement that must be satisfied before a court will hear your case. Understanding these rules — along with how the state handles property division, child custody, spousal support, and the overall filing process — is essential for anyone contemplating or beginning a divorce in the Natural State.

This guide provides a comprehensive overview of Arkansas divorce law, drawing on the relevant statutes and procedural requirements as they stand in 2025–2026. While it is designed to be informative, it is not a substitute for personalized legal advice from a qualified Arkansas family law attorney.

Grounds for Divorce in Arkansas

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. Under Ark. Code Ann. § 9-12-301, you must establish one of the following fault-based or no-fault grounds:

No-Fault Ground

Separation for 18 continuous months: The most commonly used ground that does not require proof of marital misconduct. The spouses must have lived separate and apart for at least 18 consecutive months before the divorce can be granted. This extended separation period functions as Arkansas's version of a no-fault divorce, but it is more demanding than the "irreconcilable differences" standard used in many other jurisdictions.

Fault-Based Grounds

Arkansas recognizes several fault-based grounds, including but not limited to:

Adultery — One spouse engaged in a sexual relationship outside the marriage.
Impotence at the time of marriage — A condition existing at the time the marriage was entered into.
Conviction of a felony or infamous crime — A spouse has been convicted and sentenced.
Habitual drunkenness or drug abuse — Persistent substance abuse for a period of one year.
Cruel and barbarous treatment — Physical or emotional abuse that endangers the life of the other spouse.
Indignities to the person — A pattern of conduct that renders the other spouse's condition intolerable.
Incurable insanity — One spouse has been adjudicated insane and confined to an institution for at least three years.
Living separate and apart without cohabitation — As noted above, the 18-month separation ground.

Choosing the appropriate ground has significant strategic implications. Fault-based grounds can sometimes be established more quickly than the 18-month separation period, and proof of fault can influence decisions on property division and spousal support. However, fault-based filings require evidence, which can increase both the emotional and financial cost of the proceedings.

Residency Requirements

Arkansas has a distinctive two-pronged residency requirement codified in Ark. Code Ann. § 9-12-307. Both prongs must be satisfied before an Arkansas court has jurisdiction to hear a divorce case:

Domicile requirement: Either the plaintiff (the spouse who files) or the defendant must be a bona fide resident of Arkansas at the time the complaint for divorce is filed.
Duration of residency: The filing spouse must have resided in the state for at least 60 days before filing the complaint, and the case cannot be heard until the plaintiff has been a resident for at least three full months (90 days).

If neither spouse meets the residency requirement, an Arkansas court will not have jurisdiction over the divorce, and you may need to file in another state. Military personnel stationed in Arkansas may also qualify under certain circumstances, but the rules can be complex and warrant consultation with an attorney.

Property Division

Arkansas follows an equitable distribution model for dividing marital property in divorce, as governed by Ark. Code Ann. § 9-12-315. It is important to understand what "equitable" means in this context — it does not necessarily mean "equal." Instead, the court aims for a division that is fair and just given the totality of the circumstances.

Marital vs. Non-Marital Property

The statute establishes a critical distinction between marital and non-marital property:

Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or account.
Non-marital (separate) property includes assets owned before the marriage, inheritances received by one spouse individually, and gifts made specifically to one spouse. Non-marital property is generally not subject to division.

Commingling separate property with marital assets (for example, depositing an inheritance into a joint bank account) can blur these lines and potentially convert separate property into marital property.

Factors the Court Considers

When dividing marital property, an Arkansas court will weigh a range of factors, including:

The length of the marriage
The age, health, and earning capacity of each spouse
Each spouse's contribution to the acquisition of marital property, including homemaking and child-rearing
The current and future economic circumstances of each spouse
Any prior marriages and obligations arising from them
Whether fault played a role in the breakdown of the marriage (in some cases)

Child Custody and Support

When minor children are involved, Arkansas courts make custody and support determinations based on the best interests of the child standard.

Types of Custody

Legal custody refers to the right to make major decisions about a child's life, including education, healthcare, and religious upbringing.
Physical custody refers to where the child primarily resides.
Arkansas courts may award joint custody (both legal and physical) or sole custody to one parent. Joint custody is increasingly common but is not presumed; the court evaluates each family's unique circumstances.

Factors in Custody Decisions

Arkansas courts consider numerous factors, including:

The wishes of the child (if the child is of sufficient age and maturity)
The relationship of the child with each parent and other significant individuals
The mental and physical health of all parties
Each parent's willingness to facilitate a close and continuing relationship between the child and the other parent
Any history of domestic violence or substance abuse

Child Support

Child support in Arkansas is calculated using the Income Shares Model as set out in the Arkansas Family Support Chart (Administrative Order No. 10). This model considers the combined income of both parents and allocates each parent's share proportionally. The court may deviate from the guidelines in special circumstances, such as extraordinary medical needs or educational expenses.

Spousal Support (Alimony)

Arkansas courts have the discretion to award spousal support — commonly known as alimony — in appropriate cases. Alimony is not automatic and is determined on a case-by-case basis.

Types of Alimony

Temporary alimony: Awarded during the pendency of the divorce proceedings to maintain the status quo.
Rehabilitative alimony: Awarded for a limited period to allow a lower-earning spouse to obtain education, training, or work experience needed to become self-supporting.
Permanent alimony: Less common, but may be awarded in long-term marriages where one spouse is unlikely to become self-sufficient due to age, health, or other factors.

Factors Considered

The court evaluates factors such as:

The financial needs of the requesting spouse and the ability of the other spouse to pay
The standard of living established during the marriage
The length of the marriage
Each spouse's earning capacity, education, and work history
The age and health of both spouses
Marital misconduct (fault may be considered)

Filing Process

Below is a step-by-step overview of the typical Arkansas divorce filing process:

Step 1: Confirm Residency

Ensure that you or your spouse meets the 60-day residency requirement before filing, and that you will meet the 90-day threshold before the case is heard.

Step 2: Prepare and File the Complaint

Draft a Complaint for Divorce identifying the ground(s) for divorce, and file it with the circuit clerk in the county where either spouse resides. Pay the required filing fee.

Step 3: Serve the Other Spouse

The non-filing spouse (defendant) must be formally served with the divorce papers. Service may be accomplished through a sheriff, private process server, or — in some cases — by warning order (publication) if the defendant cannot be located.

Step 4: Response

The defendant typically has 30 days to file an answer or counterclaim.

Step 5: Discovery and Negotiation

Both parties exchange financial information and other relevant documents. Many couples negotiate a settlement agreement — either on their own, through their attorneys, or with the help of a mediator.

Step 6: Trial or Final Hearing

If the parties reach an agreement, the court will review and approve it at a final hearing. If they cannot agree, the case proceeds to trial, where a judge decides all contested issues.

Step 7: Decree of Divorce

The judge issues a final Decree of Divorce, which formally ends the marriage and sets out the terms of property division, custody, support, and any other relevant matters.

Timeline and Costs

Mandatory Waiting Period

Arkansas imposes a 30-day mandatory waiting period after the complaint is filed before the divorce can be finalized. This waiting period cannot be waived under any circumstances. If you are relying on the no-fault separation ground, you must also have completed the 18-month separation period before filing or before the divorce can be granted.

Filing Fees

The filing fee for a divorce in Arkansas is approximately $165–$185, depending on the county. This fee is current as of February 2026 — always verify the exact amount with your local circuit clerk, as fees can change.

Total Cost

The total cost of an Arkansas divorce varies widely. An uncontested divorce with no children and minimal assets may cost only a few hundred dollars beyond the filing fee, particularly if handled without attorneys. A contested divorce involving complex property, custody disputes, or fault-based allegations can cost several thousand to tens of thousands of dollars in attorney fees, expert witnesses, and related expenses.

Estimated Timelines

Uncontested divorce (fault-based or separation complete): Approximately 1–3 months after filing, subject to the 30-day waiting period.
Contested divorce: 6 months to over a year, depending on the complexity of the issues and the court's docket.
No-fault divorce (separation ground): The 18-month separation period must be completed, after which the process follows the uncontested or contested timeline above.

Legal Disclaimer

This guide is intended for informational purposes only and does not constitute legal advice. Divorce laws and procedures are subject to change, and individual circumstances can significantly affect how the law applies to your case. Filing fees, waiting periods, and court procedures may vary by county. You should consult a licensed Arkansas family law attorney for advice tailored to your specific situation. No attorney-client relationship is created by reading this guide.