How to File for Divorce in Arkansas When You Have Children

What Are the Residency Requirements?

Before filing for divorce in Arkansas, at least one spouse must have been a resident of the state for at least 60 days prior to filing (Ark. Code Ann. § 9-12-307). You'll file your Complaint for Divorce in the circuit court of the county where either spouse resides. According to Arkansas divorce law, approximately 12,000 divorces are finalized in the state each year.

How Do You Start the Filing Process?

The divorce process begins with these essential steps:

1. Complete the Complaint for Divorce — This document outlines your grounds for divorce, information about your children, and your requests for custody and support
2. Prepare the Summons — The court clerk will issue this document to notify your spouse
3. File with the Circuit Clerk — Filing fees in Arkansas typically range from $150 to $200, depending on the county
4. Serve Your Spouse — Your spouse must be formally served with the divorce papers by a sheriff, private process server, or through acceptance of service

Review the Arkansas divorce checklist to ensure you have all required documents before filing.

What Parenting Documents Are Required?

When children are involved, Arkansas courts require additional documentation:

• Parenting Plan — Details custody arrangements, visitation schedules, holiday sharing, and decision-making responsibilities
• Child Support Worksheet — Arkansas uses an income-shares model under Administrative Order No. 10 to calculate support based on both parents' incomes
• Affidavit of Financial Means — Discloses income, expenses, assets, and debts

The court prioritizes the best interests of the child when making custody determinations (Ark. Code Ann. § 9-13-101). Statistics show that approximately 65% of Arkansas divorces involving children result in joint custody arrangements.

What About Custody and Visitation?

Arkansas recognizes both joint custody and sole custody arrangements. Under Arkansas statutes, the court considers factors including:

• Each parent's relationship with the child
• The child's adjustment to home, school, and community
• The mental and physical health of all parties
• Each parent's willingness to facilitate a relationship with the other parent

For detailed information on calculating payments, use the Arkansas child support calculator.

Is Mediation Required?

Many Arkansas circuit courts require mediation before a contested custody case proceeds to trial. Mediation costs are typically split between the parties and can range from $100 to $300 per hour. This process helps parents reach agreements outside of court, which research shows leads to higher compliance rates with custody orders.

How Long Does the Process Take?

Arkansas imposes a mandatory 30-day waiting period after the defendant is served (Ark. Code Ann. § 9-12-310). Uncontested divorces with agreed parenting plans may finalize within 60-90 days. Contested cases involving custody disputes can take 6-12 months or longer.

Access Arkansas divorce resources for court forms and legal aid information. Given the complexity of custody matters, you should find an experienced family law attorney to protect your parental rights throughout this process.