Arkansas Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in Arkansas, you must live in the state for 60 days, have a legal reason (grounds), and file a Complaint for Divorce with the circui...
Key Takeaways
- To file for divorce in Arkansas, either you or your spouse must have been a resident of the state for at least 60 days before filing the divorce papers.
- Arkansas allows for both no-fault and fault-based divorces. The no-fault ground requires living separately for 18 months, while fault grounds include adultery and cruelty.
- The divorce process in Arkansas starts with filing a Complaint for Divorce, serving your spouse with the papers, and waiting for their response before proceeding.
- A divorce in Arkansas takes a minimum of 30 days due to a mandatory waiting period, but can take much longer depending on the circumstances.
- The cost of a divorce in Arkansas can range from a few hundred dollars for a simple uncontested case to several thousand dollars for a contested case.
To file for divorce in Arkansas, you must live in the state for 60 days, have a legal reason (grounds), and file a Complaint for Divorce with the circuit court.
Arkansas Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in Arkansas, you must live in the state for 60 days, have a legal reason (grounds), and file a Complaint for Divorce with the circuit court.
Filing for divorce in Arkansas requires understanding the state's specific residency requirements, grounds for divorce, and court procedures. This comprehensive guide walks you through every step of the Arkansas divorce process, from initial filing to final decree.
Table of Contents
- What are the residency requirements for divorce in Arkansas?
- What are the grounds for divorce in Arkansas?
- How do I file for divorce in Arkansas? Step-by-Step
- How long does a divorce take in Arkansas?
- How much does a divorce cost in Arkansas?
- Frequently Asked Questions
- Legal References
What are the residency requirements for divorce in Arkansas?
To file for divorce in Arkansas, either you or your spouse must have been a resident of the state for at least 60 days before filing the divorce papers.
Arkansas law mandates that before a court can grant a divorce, one of the spouses must have resided in the state for a minimum of 60 days immediately preceding the filing of the Complaint for Divorce. Unlike some other states, Arkansas does not have an additional county-specific residency requirement. This means you can file in any county where you or your spouse resides, as long as the 60-day state residency rule is met. For military members, the residency requirement can often be met if Arkansas is their home of record, even if they are stationed elsewhere.
What are the grounds for divorce in Arkansas?
Arkansas allows for both no-fault and fault-based divorces. The no-fault ground requires living separately for 18 months, while fault grounds include adultery and cruelty.
Arkansas is technically a "fault" state, but it provides a "no-fault" option. This gives couples a choice in how they proceed with their divorce.
No-Fault Grounds
The only no-fault ground for divorce in Arkansas is that the spouses have lived separate and apart for at least 18 continuous months without cohabitation. This separation can be by mutual agreement or the voluntary act of one party. This is the most common ground for an uncontested divorce.
Fault Grounds
For couples who do not want to wait 18 months, Arkansas law provides several fault-based grounds for divorce. These require one spouse to prove that the other is responsible for the breakdown of the marriage. The fault grounds are:
| Ground | Description | Statute |
|---|---|---|
| Impotence | Being impotent at the time of the marriage and continuing to be so. | AR Code § 9-12-301(b)(1) |
| Felony Conviction | Conviction of a felony or other infamous crime. | AR Code § 9-12-301(b)(2) |
| Habitual Drunkenness | Being addicted to habitual drunkenness for one year. | AR Code § 9-12-301(b)(3)(A) |
| Cruel and Barbarous Treatment | Treatment so cruel and barbarous as to endanger the life of the other spouse. | AR Code § 9-12-301(b)(3)(B) |
| General Indignities | Offering such indignities to the person of the other as to render their condition intolerable. | AR Code § 9-12-301(b)(3)(C) |
| Adultery | Committing adultery after the marriage. | AR Code § 9-12-301(b)(4) |
| Incurable Insanity | Incurable insanity where the spouses have lived apart for three years. | AR Code § 9-12-301(b)(6) |
| Willful Non-Support | Willfully failing to support the other spouse when legally obligated and able to do so. | AR Code § 9-12-301(b)(7) |
Civilly Insight: While filing on fault grounds can be faster than waiting 18 months, it can also lead to a more contentious and expensive divorce. Proving fault requires evidence, which can increase legal fees and emotional stress.
How do I file for divorce in Arkansas? Step-by-Step
The divorce process in Arkansas starts with filing a Complaint for Divorce, serving your spouse with the papers, and waiting for their response before proceeding.
Step 1: Gather and Complete Divorce Forms
The first step is to obtain and fill out the necessary legal forms. The primary document is the Complaint for Divorce. You will also need a Summons. These forms are available through the Arkansas courts website or at the local circuit clerk's office. You can also find self-help packets at Arkansas Law Help.
Step 2: File the Documents with the Court
Once the forms are completed, you must file them with the Circuit Clerk in the county where you or your spouse resides. You will need to pay a filing fee, which is typically around $165, but can vary. If you cannot afford the fee, you may be able to file a request to have it waived.
Step 3: Serve Your Spouse
After filing, you must formally notify your spouse of the divorce by "serving" them with a copy of the Complaint and Summons. This can be done by:
- Certified Mail: Sending the documents via certified mail with a return receipt requested.
- Process Server: Hiring the sheriff's office or a private process server to personally deliver the documents.
- Warning Order: If you cannot locate your spouse, you may be able to serve them by publishing a notice in a newspaper.
Step 4: Wait for a Response
Your spouse has 30 days to file a written response, called an Answer, with the court. If they fail to respond, you may be able to proceed with the divorce by default.
Step 5: Finalize the Divorce
If you and your spouse agree on all issues (uncontested divorce), you can submit a settlement agreement to the court for approval. If you disagree (contested divorce), you will need to go through a process of negotiation, mediation, or ultimately a trial where a judge will decide the unresolved issues.
How long does a divorce take in Arkansas?
A divorce in Arkansas takes a minimum of 30 days due to a mandatory waiting period, but can take much longer depending on the circumstances.
Arkansas has a 30-day waiting period that begins after the Complaint for Divorce is filed. An uncontested divorce, where both parties agree on all terms, can be finalized shortly after this period. However, a contested divorce can take several months to a year or more to resolve, depending on the complexity of the issues and the level of conflict between the spouses.
How much does a divorce cost in Arkansas?
The cost of a divorce in Arkansas can range from a few hundred dollars for a simple uncontested case to several thousand dollars for a contested case.
The primary costs associated with a divorce are filing fees and attorney's fees. The filing fee is typically around $165. Attorney's fees can vary significantly, from a few thousand dollars for a straightforward case to tens of thousands for a complex and highly contested divorce. Other potential costs include fees for mediation, expert witnesses, and court reporters.
Frequently Asked Questions
What is a "covenant marriage" in Arkansas? A covenant marriage is a type of marriage that has stricter requirements for entry and exit. To divorce in a covenant marriage, you must prove specific, limited grounds and attend counseling.
Can I get a divorce if my spouse lives in another state? Yes, as long as you meet the 60-day residency requirement in Arkansas, you can file for divorce in the state.
What is the difference between legal separation and divorce? A legal separation allows a couple to live apart while remaining legally married, with the court deciding issues like custody and support. A divorce legally ends the marriage.
Do I need a lawyer to get a divorce in Arkansas? While you are not required to have a lawyer, it is highly recommended, especially if you have children, significant assets, or a contentious relationship with your spouse.
How is property divided in an Arkansas divorce? Arkansas is an "equitable distribution" state, which means that marital property is divided fairly, but not necessarily equally.