Arkansas Divorce Corroborating Witness: Who Qualifies and What They Do

Why Arkansas Requires a Witness

Most states let you prove your own residency through a sworn statement in your court filings. Arkansas doesn't.

Under Ark. Code Ann. § 9-12-306(c)(1), the residency of the filing party can never be established solely by the sworn testimony or pleadings of the spouses. A neutral third party must corroborate your physical presence in the state — even in a fully agreed, uncontested divorce where both sides consent to everything.

This requirement catches many filers off guard, especially those coming from other states where divorce is purely a paperwork exchange between spouses. In Arkansas, you need three parties involved: you, your spouse, and your corroborating witness.

Who Qualifies as a Corroborating Witness

The witness must meet three requirements:

1. An adult — at least 18 years old
2. A current Arkansas resident — they must physically live in the state
3. Has personal knowledge of your living situation — they've seen where you live, visited your home, or otherwise have firsthand knowledge of your physical presence in Arkansas

The witness does not need to:

• Know anything about your marriage or its problems
• Have an opinion about the divorce
• Be present during any marital disputes
• Be a relative (though relatives can serve if they meet the other requirements)

Good choices for a corroborating witness include neighbors, landlords, close friends who visit regularly, coworkers who know where you live, or family members who reside in the state. The key qualification is firsthand knowledge — they must be able to truthfully say "I know this person lives in Arkansas because I've personally observed it," not just "they told me they live here."

What the Witness Testifies To

In a standard uncontested case, the witness corroborates residency only. They confirm:

• That the filing spouse has been physically present in Arkansas for at least 60 days before the Complaint was filed
• That the filing spouse continues to reside in the state

If you're filing under the 18-month separation ground (no-fault), the witness's job gets harder. Under § 9-12-306(c)(1), the witness must also corroborate that the spouses have lived completely separate and apart for the full 18 continuous months. This means the witness needs to have known your living situation for the entire separation period — not just the last few weeks.

How the Resident Witness Affidavit Works

In uncontested cases, § 9-12-306(c)(2) lets you skip having the witness appear in court. Instead, the witness signs a notarized Resident Witness Affidavit — a sworn written statement that serves the same purpose as live testimony.

The affidavit typically includes:

• The witness's full legal name, address, and relationship to the filing spouse
• A statement that the witness is an adult resident of Arkansas
• Confirmation that the filing spouse has maintained physical residence in Arkansas for the required period
• The witness's signature, notarized by a licensed notary public

Once notarized, you file this affidavit with your finalization packet. In "by affidavit" counties, this is all the witness needs to do — they never set foot in the courthouse.

In counties that require a prove-up hearing, the witness may need to appear in person and answer brief questions from the judge. The testimony takes two to three minutes at most.

What Happens If Your Witness Can't Appear

If your witness can provide a notarized affidavit but can't physically attend a hearing (and your county requires one), you have a few options:

• Ask the judge if the affidavit alone is sufficient. Some judges in "hearing required" counties will accept a properly notarized affidavit anyway, particularly in fully uncontested cases.
• Use a different witness. There's no requirement that you use a specific person — any adult Arkansas resident with personal knowledge of your residency qualifies.
• Request finalization by deposition. In counties that allow the "by deposition" procedure, all testimony is submitted in writing. Your witness provides their answers in deposition form instead of testifying live.

Preparing Your Witness

Brief your witness before they sign anything or appear in court. They need to understand:

• They're confirming your physical presence in the state, nothing more
• They'll be asked specific dates (when you moved to Arkansas, when you took up residence at your current address)
• Their testimony is under oath — making a false statement is perjury
• They don't need to take sides or say anything about the marriage itself

Have the relevant dates ready so your witness can confirm them accurately. If the judge asks "How long has the plaintiff lived in Arkansas?" and your witness hesitates or gives a vague answer, it can create unnecessary complications.

The Arkansas Divorce Filing Process Guide includes the Resident Witness Affidavit format and a preparation checklist for your corroborating witness.

See more Arkansas guides →