Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Arkansas Divorce Law
How Long Does Divorce Take in Arkansas? Quick Answer
How long does divorce take in Arkansas? At minimum, 30 days — that is the mandatory waiting period under Ark. Code § 9-12-307(a)(1)(B). Realistically, an uncontested divorce takes approximately 45 to 60 days from filing to final decree. Contested divorces involving custody, property disputes, or support issues can take 12 to 18 months or longer. If you are filing under the state's only no-fault ground, you must first complete an 18-month continuous separation before even filing.
Understanding the Arkansas Divorce Timeline
Arkansas has several built-in procedural requirements that directly affect how long your divorce will take. Unlike many states that allow a simple "irreconcilable differences" filing, Arkansas requires you to prove specific legal grounds for divorce — and these grounds significantly influence your overall divorce timeline.
The divorce duration in Arkansas depends on three primary variables:
- Whether you are filing a no-fault or fault-based divorce
- Whether your divorce is contested or uncontested
- How complex your issues are (children, property, support)
The 30-Day Mandatory Waiting Period
Arkansas law imposes a mandatory 30-day waiting period from the date you file your Complaint for Divorce to the earliest date the court can enter a final decree. Under Ark. Code § 9-12-307(a)(1)(B), no decree of divorce shall be granted until at least 30 days have elapsed from the date of filing. This waiting period cannot be waived under any circumstances — even if both spouses agree on every term of the divorce.
This cooling-off period is designed to give couples an opportunity to reconsider and potentially reconcile before making the divorce final.
Residency Requirements That Affect Your Divorce Timeline
Before you can even file for divorce in Arkansas, you must satisfy the state's two-pronged residency requirement under Ark. Code § 9-12-307(a)(1)(A):
- Pre-filing residency: Either you or your spouse must have been a resident of Arkansas for at least 60 days immediately before filing the Complaint for Divorce.
- Pre-decree residency: At least one spouse must have resided in Arkansas for a full three months (approximately 90 days) before the court can enter the final divorce decree.
This means that even after you file, the court must wait until the three-month residency threshold is met. If you file exactly on day 60 of residency, the court cannot finalize your divorce until day 90 — creating an additional 30-day waiting period on top of the statutory cooling-off period.
Arkansas defines "residence" as actual physical presence in the state, not merely an intent to live there. You must prove your residency through a Resident Witness Affidavit — a sworn statement from a third party who can corroborate that you have physically lived in Arkansas for the required time. This corroboration requirement distinguishes Arkansas from states that rely solely on self-certification.
Venue
You must file your Complaint for Divorce in the Circuit Court of the county where the filing spouse (plaintiff) resides. If the plaintiff is not an Arkansas resident but the other spouse is, the case may be filed in the county where the defendant resides (Ark. Code § 9-12-303(a)).
Grounds for Divorce in Arkansas and How They Impact Duration
Arkansas requires specific legal grounds for every divorce. The state does not allow "irreconcilable differences" as a standalone ground. The grounds you choose have a significant impact on how long does divorce take in Arkansas.
No-Fault Ground: 18-Month Separation
Arkansas has only one no-fault ground for divorce: the spouses have lived separate and apart for at least 18 continuous months without cohabitation (Ark. Code § 9-12-301(b)(5)). This is one of the longest separation periods required by any state in the country.
Key points about the 18-month separation:
- The separation can be voluntary by one party or by mutual agreement
- You must not resume living together or have sexual relations during the entire 18-month period; even a brief reconciliation can reset the clock
- A third party must corroborate the separation through testimony or a sworn affidavit (Ark. Code § 9-12-306(c)(2))
- Once the 18-month period is complete, the court is required to grant the divorce regardless of whether the other spouse agrees
If you are pursuing a no-fault divorce, the divorce timeline effectively starts 18 months before you even file — making the total process at least 19 to 20 months from the date of separation.
Fault-Based Grounds
Fault-based divorce does not require a lengthy separation period, which can make it a significantly faster path to dissolution. However, fault-based grounds require proving specific misconduct. Under Ark. Code § 9-12-301(b), the recognized fault-based grounds include:
- Impotence at the time of marriage that continues
- Conviction of a felony or other infamous crime
- Habitual drunkenness for one year
- Cruel and barbarous treatment endangering the life of the other spouse
- General indignities making life intolerable (this is the most commonly used ground)
- Adultery
- Willful non-support despite the ability to provide
- Living apart due to incurable insanity for three consecutive years (with confinement in an institution)
All fault grounds must have occurred within five years before filing and must have occurred in Arkansas (or, if out of state, constitute a valid ground under Arkansas law).
The "general indignities" ground is by far the most commonly cited basis for fault divorce in Arkansas. It functions as a broad category covering behavior that makes living together unbearable. Because it does not require the 18-month waiting period, many couples who mutually agree to divorce use this ground for faster resolution.
Covenant Marriage Considerations
Arkansas is one of only three states that recognize covenant marriages. If you entered into a covenant marriage, additional restrictions apply. For a no-fault divorce from a covenant marriage, the spouses must have been separated for two years (rather than 18 months). If there are children, six months must have passed since a judgment of judicial separation, unless specific fault can be proven.
Step-by-Step Divorce Process in Arkansas
Here is what the divorce process looks like from start to finish, along with how each step affects the overall divorce duration:
Step 1: File the Complaint for Divorce
The process begins when one spouse (the plaintiff) files a Complaint for Divorce with the Circuit Court Clerk's office in the appropriate county. You will also file a Summons. If you have minor children, you will need to include a Child Support Worksheet based on Arkansas's Income Shares Model (Administrative Order No. 10).
Many Arkansas circuit courts now allow electronic filing through the state's eFlex system (Administrative Order No. 21). You must register and pay a registration fee to use eFlex.
Timeline impact: Filing itself takes one day, but you must have already met the 60-day residency requirement.
Step 2: Serve Your Spouse
After filing, you must serve the defendant with copies of the Complaint and Summons. Service may be accomplished by:
- Sheriff or deputy sheriff
- Private process server
- Certified mail
- Publication (only if the defendant cannot be located after diligent search)
The defendant then has 30 days to file a written Answer with the court. If the defendant fails to answer, the court may grant the divorce by default.
Timeline impact: 1 to 4 weeks depending on the method of service.
Step 3: Waiting Period and Discovery
Once the complaint is filed, the 30-day mandatory waiting period begins running. During this time (and beyond, in contested cases), the parties may engage in discovery, negotiate settlement terms, or attend mediation.
In contested cases, the court may issue temporary orders for custody, child support, or spousal support to remain in effect until the divorce is finalized.
Timeline impact: 30 days minimum; several months in contested cases.
Step 4: Final Hearing or Decree by Affidavit
Even in an uncontested divorce, at least one spouse typically must appear in court and provide testimony, along with a corroborating witness. The plaintiff must prove the grounds for divorce and the 60-day residency.
Some Arkansas judges allow uncontested divorces to proceed "by affidavit" when the defendant spouse signs a waiver of service form. In these cases, both the plaintiff and a witness file sworn depositions, and the judge may grant the divorce decree without a hearing.
Timeline impact: Scheduling a hearing can take 1 to 4 weeks after the waiting period, depending on the court's docket.
Step 5: Entry of the Divorce Decree
Once the judge is satisfied that all legal requirements are met, the court will enter the Decree of Absolute Divorce. This decree is the final order that officially ends the marriage and addresses property division, custody, support, and other issues.
Once the judge orders a final divorce decree, the property and debt terms cannot be changed simply because a party disagrees or changes their mind. Only custody, visitation, and support provisions may be modified at a later date based on a substantial change of circumstances.
Estimated Timelines by Divorce Type
The following table summarizes how long does divorce take in Arkansas based on the type of case:
- Uncontested divorce (fault ground, full agreement): 45 to 60 days
- Uncontested divorce (no-fault ground): 18 months of separation plus 45 to 60 days for court processing
- Contested divorce (moderate complexity): 6 to 12 months
- Contested divorce (high complexity with custody/property disputes): 12 to 18 months or longer
- Covenant marriage divorce (no-fault): 2 years separation plus court processing time
Filing Fees and Court Costs
Arkansas has a uniform filing fee of $165 statewide, set by Ark. Code Ann. § 21-6-403. This fee applies across all 75 counties. Some counties may charge additional fees for cases involving children or property division, and filing fees may range between $165 and $200 depending on the county.
As of February 2025. Verify with your local clerk.
Additional costs to budget for include:
- Service of process fees (varies by method — sheriff, process server, or certified mail)
- eFlex electronic filing registration fee
- Parent education program ($30 to $60, if you have minor children)
- Mediation fees ($150 to $300 per hour, if contested issues require mediation)
- Attorney fees ($200 to $350 per hour; $1,000 to $3,500 for uncontested cases; $7,500 to $20,000+ for contested cases)
If you cannot afford the filing fee, you may request a fee waiver by filing a Petition for Leave to Proceed in Forma Pauperis and a supporting financial affidavit. If the court grants the petition, you will not have to pay filing fees, and the sheriff will serve your papers at no charge.
Property Division in Arkansas
Arkansas follows an equitable distribution model for dividing marital property. Under Ark. Code § 9-12-315, all marital property shall be distributed one-half to each party unless the court finds such a division to be inequitable. If the court determines a 50/50 split is not fair, it will consider the following factors:
- Length of the marriage
- Age, health, and station in life of each party
- Occupation of the parties
- Amount and sources of income
- Vocational skills and employability
- Estate, liabilities, and needs of each party
- Contribution of each party to the acquisition, preservation, or appreciation of marital property (including homemaker services)
- Federal income tax consequences of the division
Separate property — including property acquired before the marriage, by gift, inheritance, or trust distribution — is generally returned to the owning spouse. However, commingled assets (such as depositing an inheritance into a joint bank account) may become marital property.
Child Custody and Support
Since 2021, under Act 604 (codified at Ark. Code Ann. § 9-13-101), Arkansas law presumes that joint custody is in the best interest of the child. The court begins with this presumption and may adjust based on specific factors if joint custody is not appropriate.
Arkansas uses the Income Shares Model for calculating child support (Administrative Order No. 10). Both parents' incomes are considered when determining the appropriate support amount.
If you have minor children, you may be required to attend a mandatory parent education program. Divorcing parents with contested custody issues may also be required to participate in mediation.
Your children must have lived in Arkansas for at least six consecutive months before the court has jurisdiction to decide custody and visitation matters.
Spousal Support (Alimony)
Arkansas law allows courts to award alimony, but there is no guarantee of receiving it. Alimony may be indefinite (permanent) or rehabilitative (temporary). The judge will order a reasonable alimony amount based on the circumstances of both spouses and the nature of the case. Either party may later petition the court for modification based on a significant change of circumstances.
Legal Separation as an Alternative
Arkansas is one of the states that formally recognizes legal separation. If you and your spouse are unsure about divorce, you may apply to the court for a legal separation. A legal separation agreement covers the same issues as a divorce (custody, support, property) but the couple remains legally married. If you later decide to proceed with divorce, the court may convert the separation agreement into a marital settlement agreement.
How to File for Divorce in Arkansas: Official Resources
- Arkansas Judiciary Court Forms: https://www.arcourts.gov
- Arkansas Law Help (Legal Aid of Arkansas): https://a.arlawhelp.org/divorce-separation-annulment/divorce
- eFlex Electronic Filing: available through the Arkansas Judiciary website
- Legal Aid of Arkansas (free legal help for qualifying individuals): 1-800-952-9243
Frequently Asked Questions
The following questions address the most common concerns about the divorce timeline and process in Arkansas.