Divorce Resources in Arkansas: Court Forms, Legal Aid & Filing Guide

To file for divorce in Arkansas, you must file a Complaint for Divorce with the Circuit Court Clerk in the county where either you or your spouse resides. Arkansas requires at least 60 days of residency before filing under Ark. Code Ann. § 9-12-307, and you must have been a resident for three continuous months by the time the judge signs the final decree. The filing fee is $165, which is uniform across all 75 counties per Ark. Code Ann. § 21-6-403. You must include a completed Domestic Relations Cover Sheet (required by Administrative Order No. 8) with the complaint and three copies. If minor children are involved, you must also file a Confidential Information Sheet and a Child Support Worksheet calculated under Administrative Order No. 10.

Arkansas recognizes both fault-based and no-fault grounds for divorce under Ark. Code Ann. § 9-12-301. The sole no-fault ground requires that spouses have lived separate and apart for 18 continuous months without cohabitation — any resumption of sexual relations resets the 18-month clock. Fault-based grounds that eliminate the separation requirement include adultery, felony conviction, habitual drunkenness for one year, cruel and barbarous treatment endangering life, personal indignities rendering the spouse's condition intolerable, and impotence at the time of marriage. For covenant marriages, the mandatory separation period extends to two or more years under Ark. Code Ann. § 9-11-808.

After filing, the defendant must be served with the Complaint and Summons. Service may be completed by a process server, deputy sheriff, or certified mail with return receipt under the Arkansas Rules of Civil Procedure, Rule 4. Alternatively, the defendant may waive service by signing an Entry of Appearance and Waiver of Service of Summons in the presence of a notary public. Once service is complete, the defendant has 30 days to file an Answer. Arkansas imposes a mandatory 30-day waiting period from the filing date before the court will grant a final divorce decree under Ark. Code Ann. § 9-12-306. Both parties must complete and exchange Affidavits of Financial Means at least three days before any hearing involving financial matters.

At the final hearing, you must present the completed Decree of Divorce to the judge along with any supporting documents including the Property Settlement Agreement and, if applicable, the Parenting Plan. A witness who can corroborate your testimony about the grounds for divorce is generally required, though Ark. Code Ann. § 9-12-306(b) exempts uncontested divorces from the corroboration requirement. If the court approves, the judge signs the decree. You must then file the original signed Decree of Divorce and two copies with the Circuit Court Clerk to finalize the dissolution. The clerk reports the divorce to the Arkansas Department of Health Vital Records office within 10 days.

Arkansas requires divorcing parents to complete a parenting education course or submit to mediation under Ark. Code Ann. § 9-12-322. Specifically, the court may order each parent to complete at least two hours of classes concerning parenting issues faced by divorced parents, or alternatively submit to mediation addressing parenting, custody, and visitation issues. Each party pays their own cost for the class or mediation. Online parenting classes are accepted by most Arkansas courts, though some counties may require in-person attendance. If mediation is chosen instead of the parenting class, the mediator must be selected from the Arkansas Alternative Dispute Resolution Commission's court-connected roster or approved by the judge. A party may move to dispense with the referral to mediation for good cause shown.

Mediation is not universally mandatory in Arkansas divorce cases, but courts have broad discretion to order mediation under Ark. Code Ann. § 16-7-202(b), which authorizes circuit courts to order any domestic relations case to mediation. In divorces involving minor children, Ark. Code Ann. § 9-12-322 specifically provides that the court may require parties to submit to mediation addressing parenting, custody, and visitation issues as an alternative to the two-hour parenting class requirement. Mediators must be certified by the Arkansas Alternative Dispute Resolution Commission or approved by the judge. Mediation communications are confidential under Ark. Code Ann. § 16-7-207. Costs are generally split equally between the parties, though the court may allocate costs differently. Reduced-cost mediation is available through the Arkansas Access & Visitation Mediation Program for cases involving custody, visitation, and child support. More information is available from the Arkansas ADR Commission.

Both parties in an Arkansas divorce must complete and exchange the Affidavit of Financial Means at least three days before any court hearing where financial matters — including property division, alimony, or child support — are at issue. The six-page sworn affidavit requires comprehensive disclosure of all income sources (wages, bonuses, rental income, pensions, Social Security), assets (real estate, vehicles, bank accounts, investments, retirement funds), monthly expenses, and liabilities (mortgages, car loans, credit cards, student loans). Employed parties must attach copies of their last three paystubs; self-employed parties must attach their last two federal and state tax returns. Both parties must provide the original notarized affidavit to the court and a copy to opposing counsel or the self-represented opposing party. Failure to make accurate disclosures can result in contempt of court sanctions under Arkansas Rule of Civil Procedure 37, including fines, attorney's fees, or incarceration. Courts may also modify financial orders upon discovery that a party misrepresented their financial situation. The official form is available from the Arkansas Judiciary website.