Everything to Know About Divorce in Arkansas
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
Thinking about divorce in Arkansas? Whether you're in the early stages of considering it or already deep into paperwork, here's a breakdown of what you actually need to know—without the fluff.
Prerequisites for divorce in Arkansas
Residency
You or your spouse must have lived in Arkansas for at least 60 days before filing.
Waiting period
There is a minimum 30-day waiting period after filing before a divorce can be finalized—even if uncontested.
Separation requirement
Arkansas requires at least 18 months of continuous separation for a no-fault divorce, unless you’re filing on fault-based grounds.
Grounds for divorce
Arkansas allows two options:
No-fault divorce: Requires spouses to have lived separately for 18 months without cohabitation
Fault-based divorce includes:
- Adultery
- Habitual drunkenness
- Cruelty or abuse
- Felony conviction
Read more in-depth about the grounds for Arkansas divorce here
How to file for divorce in Arkansas
- File a Complaint for Divorce in the circuit court for the county where either spouse lives.
- Serve the other spouse using a sheriff, process server, or certified mail.
- Response time: Your spouse has 30 days to file an answer.
- Temporary orders (if needed): You can request temporary custody, support, or financial arrangements.
- Final hearing: Even if uncontested, at least one spouse must appear in court and provide testimony.
How much does it cost to get divorced in Arkansas?
Filing fees vary by county but usually range between $165–$200. Extra costs may include:
- Service of papers
- Parenting classes (if you have children)
- Legal representation
Can’t afford the fee? You can apply for a fee waiver using a financial affidavit—click the link here to access it or ask your court clerk.
Property and debt division in Arkansas
Arkansas follows equitable distribution rules. Marital property is divided fairly, not necessarily equally.
Key considerations:
- Length of the marriage
- Contributions to the household (income or otherwise)
- Earning ability of each spouse
- Custody arrangements
Separate property—gifts, inheritance, or assets owned before marriage—is usually not divided unless it became mixed with joint assets.
Alimony (spousal support) in Arkansas
Spousal support is not automatic and is awarded case-by-case. Courts consider:
- Marriage duration
- Financial need vs. ability to pay
- Standard of living
- Health and earning capacity
Types of alimony include:
- Temporary: While divorce is pending
- Rehabilitative: Until the recipient becomes self-supporting
- Permanent: Rare and usually only in long-term marriages
There is no formula—the judge decides based on fairness.
Child custody and support in Arkansas
Custody
Arkansas courts favor joint custody, unless it's not in the child’s best interest. Decisions are based on:
- Parental involvement
- Safety and stability of the home
- History of domestic violence
- Child’s preferences (in some cases)
Child support
Child support is based on both parents’ income using state guidelines. Use the Arkansas child support estimator to calculate expected payments.
Military divorce in Arkansas
Military members or their spouses can file in Arkansas if one party resides or is stationed in the state. Federal laws, like the Servicemembers Civil Relief Act, may delay proceedings during deployment.
Legal separation and annulment
- Legal separation: Available and handled similarly to divorce, but the couple remains legally married.
- Annulment: Allowed for limited reasons like fraud, bigamy, lack of consent, or underage marriage.
Can you file for divorce online in Arkansas?
Yes, Arkansas allows e-filing in many counties through AOC eFiling. However, some steps—like court appearances—may still require in-person visits.
After divorce: what comes next
Post-divorce reminders:
- Request a name change during the final hearing
- Update your tax filing status and financial records
- Modify custody/support later if needed
- Review and revise wills, insurance, and beneficiaries
Legal Help and Resources
If you’re divorcing in the state of Arkansas, Hello Divorce can help. Schedule a free call now to ask questions and determine your next step.