Arkansas divorce laws
To file for divorce in Arkansas, you or your spouse must have lived there for at least 60 days (with some exceptions). The divorce can't be final until at least 30 days after you file.
Checked against official sources: Oct 24, 2026
Were you served in Arkansas?
Enter the day you got the papers (the summons and the petition). We show the deadline to answer.
Guides for Arkansas
Uncontested divorce
The process for agreed cases, the waiting period and the steps.
Custody and child support
The custody term, parenting class, calculator and agency.
Serving divorce papers
How your spouse gets the papers and the deadline to respond.
Where and how to file in Arkansas
- Who can file (residency)
- You or your spouse must have lived in Arkansas for at least 60 days before you file. You must prove residency (and your grounds) with your own testimony plus a witness, even if your spouse agrees.
- Waiting period
- You must wait at least 30 days after filing the complaint before the divorce can be granted. If you use the separation ground, you must first have lived apart 18 months in a row.
- Court
- Circuit Court (domestic relations division) in the county where you or your spouse live
- Official forms
- Divorce forms (Arkansas courts)
- Court self-help
- Divorce self-help (Arkansas courts)
- Filing fee
- Ask the court clerk for the current fee: Divorce self-help (Arkansas courts)
- If you can't afford the fee
- Ask to file without paying using the In Forma Pauperis Affidavit (Ark. R. Civ. P. 72), on the Arkansas Judiciary court forms page: arcourts.gov: Court forms
- Simpler process for agreed cases
- No special court procedure, but an uncontested divorce can be finished on affidavits (your 'deposition' plus a witness's) without a contested hearing. Legal Aid of Arkansas has a free packet for couples with no minor children and no valuable property who have lived in Arkansas 60 days.
- Law
- Ark. Code 9-12-307; Legal Aid of Arkansas (Arkansas Law Help) · Ark. Code 9-12-307; Legal Aid of Arkansas (Arkansas Law Help)
Divorce in Arkansas, step by step
Check that you can file in Arkansas
You or your spouse must have lived in Arkansas for at least 60 days before you file.
Get the official forms
Use the court's official divorce forms: Divorce forms (Arkansas courts) No special court procedure, but an uncontested divorce can be finished on affidavits (your 'deposition' plus a witness's) without a contested hearing.
File the papers and pay the fee, or ask for a waiver
File with the Circuit Court (domestic relations division) in the county where you or your spouse live. Can't afford it? Ask to file without paying using the In Forma Pauperis Affidavit (Ark. R. Civ. P. 72), on the Arkansas Judiciary court forms page: arcourts.gov: Court forms.
Serve your spouse
Your spouse must be formally served with the complaint and summons (sheriff, process server, or restricted-delivery certified mail), or can sign paperwork agreeing to proceed without formal service.
Your spouse responds
Generally 30 days after service. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
You must wait at least 30 days after filing the complaint before the divorce can be granted.
Agree, or go to mediation or a hearing
Not required statewide; judges may order mediation in custody or property disputes. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: You can ask the court to restore your former name in the divorce decree.
Free tools for Arkansas
Pre-set for Arkansas.
Divorce timeline estimator for Arkansas
See the earliest date the law lets a judge sign your final divorce decree, from your filing date.
Grounds for divorce in Arkansas
- No-fault ground
- living separate and apart for 18 continuous months (Arkansas has no pure no-fault ground; 'general indignities' is the most common fault ground)
- Fault grounds
- Also allowed
- Living apart first
- 18 continuous months without living together, proven by a witness, if you use the separation ground
- Law
- Ark. Code 9-12-301(b)(3)(C), (b)(5)
Property and debts in Arkansas
- System
- Equitable distribution
- The rule
- Marital property is divided equally unless the judge finds that would be unfair and explains why. Property owned before marriage or received by gift or inheritance is usually returned to the spouse who owns it.
- Law
- Ark. Code 9-12-315
Alimony (spousal support) in Arkansas
The judge may award alimony when it is reasonable, looking at each spouse's needs and ability to pay. There is no formula or set time limit in the statute. Ark. Code 9-12-312.
Children: custody and support in Arkansas
- What Arkansas calls custody
- custody and visitation (joint custody is favored by law)
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Arkansas Office of Child Support Enforcement (OCSE)
Serving your spouse in Arkansas
- How your spouse gets the papers
- Your spouse must be formally served with the complaint and summons (sheriff, process server, or restricted-delivery certified mail), or can sign paperwork agreeing to proceed without formal service. If you can't find your spouse, you may use a warning order.
- Time to respond
- Generally 30 days after service.
- Law
- Ark. R. Civ. P. 4, 12; Arkansas Law Help
Going back to a former name in Arkansas
You can ask the court to restore your former name in the divorce decree.
Mediation in Arkansas
Not required statewide; judges may order mediation in custody or property disputes.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Arkansas: If you are in danger, call 911. Orders of protection forms are on the Arkansas Judiciary Domestic Violence Program page: arcourts.gov: Domestic violence forms
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Free help in Arkansas
Good to know in Arkansas
- Even if both spouses agree, Arkansas requires you to prove a legal ground and residency, usually with a witness (Arkansas Law Help).
- Arkansas offers covenant marriage, which is harder to end (Arkansas Law Help).
Divorce checklist for Arkansas
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it.
Questions about divorce in Arkansas
How long do you have to live in Arkansas to file for divorce?
You or your spouse must have lived in Arkansas for at least 60 days before you file. You must prove residency (and your grounds) with your own testimony plus a witness, even if your spouse agrees.
How long does a divorce take in Arkansas?
You must wait at least 30 days after filing the complaint before the divorce can be granted. If you use the separation ground, you must first have lived apart 18 months in a row.
What are the grounds for divorce in Arkansas?
Arkansas's no-fault ground is living separate and apart for 18 continuous months (Arkansas has no pure no-fault ground; 'general indignities' is the most common fault ground). Fault grounds are also allowed. 18 continuous months without living together, proven by a witness, if you use the separation ground.
Is Arkansas a community property state?
No. Arkansas uses equitable distribution. Marital property is divided equally unless the judge finds that would be unfair and explains why. Property owned before marriage or received by gift or inheritance is usually returned to the spouse who owns it.
Can I get the divorce filing fee waived in Arkansas?
Ask to file without paying using the In Forma Pauperis Affidavit (Ark. R. Civ. P. 72), on the Arkansas Judiciary court forms page: arcourts.gov: Court forms
Is there a simpler divorce process in Arkansas?
No special court procedure, but an uncontested divorce can be finished on affidavits (your 'deposition' plus a witness's) without a contested hearing. Legal Aid of Arkansas has a free packet for couples with no minor children and no valuable property who have lived in Arkansas 60 days.
How long does my spouse have to respond in Arkansas?
Generally 30 days after service.
Can I change my name back in a divorce in Arkansas?
Yes. You can ask the court to restore your former name in the divorce decree.
Is mediation required in a divorce in Arkansas?
Not required statewide; judges may order mediation in custody or property disputes.
How does alimony work in Arkansas?
The judge may award alimony when it is reasonable, looking at each spouse's needs and ability to pay. There is no formula or set time limit in the statute. Ark. Code 9-12-312.