Arkansas Divorce Decree: What It Is and How to Get Your Final Order

What an Arkansas Divorce Decree Actually Is

The Decree of Divorce is the court order that legally ends your marriage. Until the circuit judge signs it and the clerk files it, you are still married — regardless of how long you've been separated or how many other documents you've submitted.

In Arkansas, you don't receive the decree automatically. In most cases, the plaintiff (the spouse who filed) drafts the proposed decree and submits it to the judge for signature along with the rest of the finalization paperwork.

What the Decree Contains

A standard Arkansas Decree of Divorce covers:

• The dissolution itself — a statement that the marriage is dissolved on the specific statutory ground alleged (general indignities, 18-month separation, etc.)
• Property and debt division — how marital assets and liabilities are allocated, incorporating the terms from your Marital Settlement Agreement
• Child custody and visitation — legal and physical custody arrangements, the parenting plan, and the visitation schedule
• Child support — the amount calculated under Administrative Order No. 10, who pays, and the payment schedule
• Spousal support (alimony) — the amount, duration, and type (rehabilitative, temporary, etc.), if applicable
• Name restoration — if either spouse requested their former name be restored
• Any other specific relief — such as orders regarding life insurance, health insurance continuation, or retirement account division

The decree incorporates your Marital Settlement Agreement by reference, making those agreed-upon terms enforceable court orders.

When the Judge Can Sign It

Arkansas has two timing requirements that must be satisfied before the judge has authority to sign your decree:

30-day waiting period. Under Ark. Code Ann. § 9-12-307(a)(1)(B), no decree can be entered until at least 30 days after the Complaint was filed. This is mandatory and cannot be waived by either the judge or the parties.

Three-month residency. At least one spouse must have maintained continuous physical presence in Arkansas for a total of three months (approximately 90 days) before the decree is entered. This builds on the 60-day pre-filing residency requirement — you need 60 days before filing and then at least 30 more days after.

Both requirements must be satisfied simultaneously. The judge won't sign even if you've met the waiting period if the residency hasn't been confirmed.

How Finalization Works

The exact finalization procedure depends on your county:

"By affidavit" counties let you submit everything in writing. You file your proposed decree, the executed Marital Settlement Agreement, the Resident Witness Affidavit, your own notarized Uncontested Client Affidavit, and the AOC disposition sheet. The judge reviews the packet and signs the decree in chambers without any hearing.

"Prove-up hearing" counties require you (and sometimes your corroborating witness) to appear briefly in court. The hearing usually takes 5–10 minutes. The judge asks a few standard questions to confirm the residency, the statutory ground, and that both parties consent to the terms.

"By deposition" counties allow you to submit written deposition testimony instead of appearing in person. Your attorney (or you, if pro se) prepares written questions and answers that stand in for live testimony.

Check with your circuit clerk's office to confirm which procedure your county uses.

Getting Certified Copies

After the judge signs the decree and the clerk files it, you'll need certified copies for practical purposes — changing your name on your driver's license, updating Social Security records, transferring vehicle titles, refinancing a mortgage, or removing your ex-spouse from insurance policies.

Request certified copies from the circuit clerk's office in the county where the decree was entered. The typical cost is $5–$10 per certified copy. Order several — you'll need them for multiple agencies and institutions.

If you need a copy years later, you can request it from the same clerk's office or through the Arkansas Department of Health, Division of Vital Records, which maintains divorce records statewide.

Decree vs. Settlement Agreement: The Difference

Your Marital Settlement Agreement is the contract between you and your spouse — the terms you negotiated and agreed to. The Decree of Divorce is the court order that ratifies those terms and gives them the force of law.

Before the decree is signed, your settlement agreement is just a private contract. After the decree incorporates it, violating those terms becomes contempt of court — enforceable through the court's power to sanction, fine, or even jail a non-compliant party.

The Arkansas Divorce Filing Process Guide walks you through drafting the proposed decree, preparing the finalization packet, and navigating your county's specific procedure for getting the judge's signature.

See more Arkansas guides →