Divorce Checklist for Arkansas

Arkansas imposes a two-stage residency requirement under Ark. Code Ann. § 9-12-307. Either you or your spouse must have maintained actual physical presence in Arkansas for at least 60 days before filing the Complaint for Divorce. Additionally, the court cannot enter a final decree until at least one spouse has resided in the state for three full months. "Residence" under this statute means actual presence, and upon proof of that presence, the party is considered domiciled in Arkansas. You must obtain a corroborating witness—someone over 18 who can personally attest to your residency—to sign a Resident Witness Affidavit. This witness will later provide a sworn deposition confirming your physical presence in the state. Gather documentation such as your Arkansas driver's license, utility bills, lease agreement, or mortgage statement showing your Arkansas address for the required 60-day period before filing.

Arkansas requires you to establish legal grounds for divorce under Ark. Code Ann. § 9-12-301. The sole no-fault ground requires 18 continuous months of voluntary separation without cohabitation—one of the longest separation periods in the nation. Fault-based grounds allow you to file immediately without waiting 18 months and include general indignities that render the spouse's condition intolerable, adultery, habitual drunkenness for one year, cruel and barbarous treatment endangering the other's life, conviction of a felony or other infamous crime, incurable insanity with commitment for at least three years, and willful nonsupport. The most commonly used ground is "general indignities," which covers a pattern of behavior making married life intolerable. Fault-based grounds must have occurred within five years before filing. In uncontested cases, Arkansas law waives the usual corroboration requirement for grounds, simplifying what the judge needs to review.

Before filing, compile all personal identification documents and financial records you will need throughout the divorce process. Arkansas requires both parties to exchange an Affidavit of Financial Means at least three days before any hearing involving financial matters, per Arkansas Supreme Court Administrative Order No. 10. Start gathering these records early because some—like certified copies of your marriage certificate from the county clerk where you were married—can take weeks to obtain. You will need at least three years of federal and state tax returns, recent pay stubs, bank statements for all accounts, retirement and investment account statements, real estate records including deeds and mortgage statements, vehicle titles, and insurance policies. If you have minor children, collect school enrollment records, medical records, and childcare expense documentation. Organizing these documents early prevents delays once the case is filed and ensures accurate financial disclosure to the court.

If you and your spouse can agree on all terms of the divorce, draft a comprehensive Marital Settlement Agreement before filing to pursue an uncontested divorce. Under Arkansas law, this agreement must address the division of all marital property and debts, spousal support (alimony), and if you have minor children, child custody arrangements, visitation schedules, and child support calculated per Administrative Order No. 10. Arkansas follows equitable distribution principles for property division—the court divides marital property fairly, though not necessarily equally. A properly executed Marital Settlement Agreement becomes a binding contract under Arkansas Title 9, enforceable under general contract law unless it merges into the final decree. Both parties should sign the agreement before a notary public. If your agreement clearly states it is an independent contract not to merge into the decree, it cannot be modified by the court without both parties' consent, except for child custody and support provisions which remain modifiable.

If you are experiencing domestic violence, create a comprehensive safety plan before filing for divorce, as the filing process itself can escalate dangerous situations. Contact the Arkansas Coalition Against Domestic Violence (ACADV) at 1-800-269-4668 or visit https://domesticpeace.com/ for immediate assistance and safety planning resources. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. ACADV maintains a network of shelters across Arkansas; find the nearest location at https://domesticpeace.com/shelters/. Under Ark. Code Ann. § 9-15-201, you can file for an Order of Protection independently of your divorce case, which can grant you temporary custody, exclusive use of the marital home, and prohibit contact. An Order of Protection can be obtained without a filing fee. When filing for divorce, you may request that your address be kept confidential through the court. Consider requesting that service of process be handled by the sheriff's office rather than by mail to ensure proper documentation and safety.

Draft your Complaint for Divorce (also called a Petition for Divorce), which initiates the case in the Circuit Court, Domestic Relations Division, of the county where you reside. Arkansas does not have a single statewide divorce form—forms vary by county, so contact your Circuit Court Clerk or visit the Arkansas Judiciary website at https://arcourts.gov/forms-and-publications/court-forms for available forms. Your complaint must state your grounds for divorce under Ark. Code Ann. § 9-12-301, residency facts, and the relief you are requesting (property division, custody, support). You must also complete a Domestic Relations Cover Sheet per Administrative Order No. 8, which classifies your case type: DV (divorce without support), DS (divorce with child or spousal support), CS (custody modification), or SP (support modification). If you have minor children, you must additionally complete a Confidential Information Sheet and a Child Support Worksheet per Administrative Order No. 10.

File your completed Complaint for Divorce, Domestic Relations Cover Sheet, and all supporting documents with the Circuit Court Clerk in the county where you reside. The uniform filing fee is $165.00 across all 75 Arkansas counties, as set by Ark. Code Ann. § 21-6-403. If you cannot afford the filing fee, you may file a Petition for Leave to Proceed In Forma Pauperis (fee waiver) asking the court to waive or reduce fees based on your financial hardship—access the form at https://a.arlawhelp.org/self-representation/fee-waiver. Arkansas mandates electronic filing through the eFlex system (https://efile.arcourts.gov/) in most Circuit Courts under Administrative Order No. 21. To use eFlex, you must register and submit an Electronic Filing User Agreement. If eFlex is unavailable in your county or you qualify for an exemption, you may file in person at the Circuit Clerk's office. Upon filing, the Clerk assigns a case number and issues a Summons for service on your spouse.

Complete the Affidavit of Financial Means, a six-page sworn financial disclosure required by Arkansas Supreme Court Administrative Order No. 10 in any divorce involving child support or spousal support. This affidavit details your gross income, monthly expenses, assets, and liabilities. If you are employed, you must attach copies of your last three pay stubs. If you are self-employed, attach copies of your last two federal and state tax returns. The affidavit must be notarized and signed under penalty of perjury, certifying that the financial statement is complete, true, and correct. Both parties must exchange the Affidavit of Financial Means at least three days before any court hearing where financial matters are at issue. The original notarized affidavit must be provided to the court, while the Affidavit itself is not filed in the court record—it is exchanged between the parties and submitted separately to the judge. Download the official form from the Arkansas Judiciary at https://www.arcourts.gov/sites/default/files/formatted-files/affidavit-of-financial-means-req-july-2020.pdf.

After filing, you must serve your spouse with the Complaint for Divorce and Summons within 120 days under Arkansas Rule of Civil Procedure 4(i). Failure to complete service within 120 days will result in dismissal of your case without prejudice. Arkansas law permits several methods of service: personal delivery by the county sheriff or a private process server; certified mail with restricted delivery and return receipt requested; first-class mail with a Notice and Acknowledgment of Service by Mail form (your spouse must sign and return the acknowledgment); or commercial delivery service requiring a signature. For uncontested divorces, the simplest method is having your spouse sign an Entry of Appearance, Waiver of Service of Summons, and Waiver of Notice before a notary public—this eliminates the need for formal service entirely. If your spouse refuses certified mail, re-send by regular mail with notice that the judge may enter a default judgment, then arrange personal service through the sheriff if the acknowledgment is not returned within 20 days.

After your spouse is properly served, they have 30 days from the date of service to file a written Answer with the court admitting or denying the allegations in your Complaint. If your spouse is incarcerated, the deadline extends to 60 days. The Answer must be a formal written response filed with the Circuit Court—a simple letter agreeing to the divorce is legally insufficient. Your spouse may also file a Counterclaim raising their own grounds for divorce or requesting different terms for property division, custody, or support. If your spouse fails to file an Answer within the 30-day period, you may request a default judgment from the court under Arkansas Rule of Civil Procedure 55. In a default scenario, the court can proceed without your spouse's participation, potentially granting the divorce by affidavit. During this waiting period, the mandatory 30-day cooling-off period under Ark. Code Ann. § 9-12-307(a)(4) is also running—no decree can be entered until at least 30 days after filing the Complaint.

Under Ark. Code Ann. § 9-12-322, when divorcing parties have minor children residing with one or both parents, the court may require both parents to complete at least two hours of classes concerning parenting issues faced by divorced parents. While not universally mandatory in every county, many Arkansas judges order this course as a condition before finalizing the divorce. Course topics include the emotional impact of divorce on children, co-parenting communication strategies, financial responsibilities to children, issues regarding child abuse and neglect, skill-based relationship education, and community resources available to families. Each party is responsible for their own course fee, which typically ranges from $30 to $60. Most Arkansas counties accept approved online parenting courses, though some may require in-person attendance—confirm with your Circuit Court Clerk. You must file a certificate of completion with the court before the judge will sign the final decree. The court may alternatively order mediation to address custody and visitation issues.

Under Ark. Code Ann. § 16-7-202(b), Arkansas circuit courts have discretionary authority to order any domestic relations case to mediation, particularly when spouses dispute custody, visitation, child support, property division, or alimony. Mediation is not automatically required in every divorce, but judges frequently order it in contested cases before setting a trial date. If ordered, the parties may select a mediator from the roster maintained by the Arkansas Alternative Dispute Resolution Commission or choose an alternative mediator with court approval. Mediation costs are generally split equally between the parties, though the court may allocate costs differently based on the circumstances. The Arkansas Access and Visitation Mediation Program may cover part or all of mediation costs for cases involving custody, visitation, and child support—contact the program for eligibility. All mediation communications are confidential under Ark. Code Ann. § 16-7-207 and cannot be disclosed to the court. If mediation fails to produce an agreement, the case proceeds to trial as if mediation had not occurred.

In contested divorces where spouses disagree on property division, support, or custody, both parties engage in formal discovery under the Arkansas Rules of Civil Procedure to exchange relevant information. Discovery methods include Interrogatories (written questions requiring sworn written answers within 30 days under ARCP Rule 33), Requests for Production of Documents (requiring the other party to produce financial records, property documents, and other evidence under ARCP Rule 34), Requests for Admission (asking the other party to admit or deny specific facts under ARCP Rule 36), and Depositions (sworn oral testimony recorded by a court reporter under ARCP Rules 30-31). Both parties must also exchange the completed Affidavit of Financial Means and Child Support Worksheet at least three days before any hearing on financial matters per Administrative Order No. 10. Discovery disputes—such as a party refusing to produce documents—are resolved by filing a Motion to Compel with the court. Failure to comply with discovery orders can result in sanctions, including adverse inferences or contempt of court.

After the mandatory 30-day waiting period under Ark. Code Ann. § 9-12-307(a)(4) and once the three-month residency requirement is satisfied, you can finalize your divorce. For uncontested cases, many Arkansas judges allow divorce by affidavit—meaning no courtroom hearing is required. To use this procedure, your spouse must have signed an Entry of Appearance and Waiver of Service, and you must file a Party Deposition (your sworn affidavit restating the facts from your Complaint), a Witness Deposition (a corroborating witness's sworn affidavit confirming your residency and grounds), and a proposed Final Decree of Divorce for the judge's signature. Not all judges permit divorce by affidavit—contact your judge's trial court assistant to confirm availability. For contested cases or when the judge requires a hearing, both parties present evidence and testimony before the judge, who then rules on all disputed issues. Prepare your proposed Decree of Divorce in advance and bring the original plus two copies to the hearing.

Once the judge signs the Final Decree of Divorce, file the original signed decree and two copies with the Circuit Court Clerk. The clerk records the decree and the marriage is officially dissolved. Obtain certified copies of the decree—you will need them for name changes, property transfers, insurance updates, and financial account modifications. If the decree orders property transfers, execute all required deeds and title changes promptly. Update your name with the Social Security Administration (bring your decree and Form SS-5), the Arkansas Department of Finance and Administration for a new driver's license, your employer for payroll and benefits, all financial institutions, and the U.S. Postal Service. If child support was ordered, register the order with the Arkansas Office of Child Support Enforcement for income withholding. Update your estate planning documents including your will, powers of attorney, beneficiary designations on life insurance and retirement accounts, and healthcare directives. Arkansas law prohibits remarriage until the decree is final and any appeal period has expired.