Arkansas · Divorce laws · Updated Oct 2026

Arkansas divorce laws

Who can file for divorce in Arkansas, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.

60 days (with exceptions)residency to file
30 days after filingwaiting period
Living separate and apart for 18 continuous monthsno-fault ground
Equitable distributionproperty
Check with your courtfiling fee

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
Check with your court
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: https://www.arcourts.gov/forms-and-publications/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

  1. Check that you can file in Arkansas

    You or your spouse must have lived in Arkansas for at least 60 days before you file.

  2. 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.

  3. 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: https://www.arcourts.gov/forms-and-publications/court-forms.

  4. 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.

  5. 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.

  6. Wait out the waiting period

    You must wait at least 30 days after filing the complaint before the divorce can be granted.

  7. 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.

  8. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. You can ask the court to restore your former name in the divorce decree.

Free tools for Arkansas

Pre-set for Arkansas. They run in your browser and send nothing.

Divorce timeline estimator for Arkansas

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Leave empty if your spouse hasn't been served yet.

Enter your filing dateThe earliest date appears when you enter a date.

An estimate from the waiting-period rule in our data, not legal advice. We compute a date only when the rule is one simple number of days or months counted from filing or from service; court schedules often add time.

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

Yes. 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: https://www.arcourts.gov/administration/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

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About your situation

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: https://www.arcourts.gov/forms-and-publications/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.

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