Arkansas Divorce Notary Requirements: Which Documents Need Notarization

Which Divorce Documents Require Notarization in Arkansas

Not every document in your divorce packet needs a notary stamp — but the ones that do will get your case rejected or delayed if you skip this step. Arkansas circuit clerks and judges look for notarized signatures on specific documents, and filing without them means a trip back to the clerk's window.

Here's the complete list of documents that require notarization in an Arkansas divorce:

The Entry of Appearance and Waiver of Service

If your spouse is cooperating and you're using the waiver route instead of formal service, the respondent's signature on the Entry of Appearance and Waiver of Service of Summons must be notarized. This is the document where your spouse acknowledges receiving the complaint and waives their right to formal service by sheriff or certified mail.

Without notarization, the clerk cannot accept this document as valid proof of service, and your case can't move forward. Both spouses do not need to be present at the same time — the respondent can sign before any notary at any location.

The Resident Witness Affidavit

This affidavit is how you prove your Arkansas residency to the court. A third-party witness (an adult Arkansas resident who has personal knowledge that you've lived in the state for at least 60 days) signs a sworn statement confirming your physical presence.

Because it's a sworn statement under penalty of perjury, it requires notarization. The witness signs in front of the notary, who verifies the witness's identity before stamping. This affidavit substitutes for the witness appearing in court — if it's not properly notarized, the court will require your witness to testify in person instead.

The Affidavit of Financial Means

Under Administrative Order No. 10, both parties must complete and exchange financial disclosure affidavits. Because this is a sworn statement about your income, assets, and debts, it requires notarization.

Both the plaintiff's and the respondent's affidavits need independent notarization. Filing an un-notarized financial affidavit doesn't just delay your case — it can result in the judge refusing to enter a decree until compliant affidavits are submitted.

The Uncontested Client Affidavit (Divorce by Affidavit Counties)

In counties that allow finalization without a hearing, the plaintiff submits a notarized Uncontested Client Affidavit. This sworn statement confirms the facts in the complaint — your residency, the statutory ground, and that the settlement terms are voluntary.

This affidavit essentially replaces your courtroom testimony, which is why notarization is mandatory. The judge reviews and signs the decree based on this document alone.

The Marital Settlement Agreement

Whether the Marital Settlement Agreement (MSA) requires notarization depends on your county and judge. Some Arkansas circuit judges require both signatures on the MSA to be notarized; others accept it with original signatures only. When in doubt, notarize it — a notarized MSA is never rejected, while an un-notarized one sometimes is.

If your MSA includes a property deed transfer or title change, the signatures transferring real property should always be notarized regardless of local practice.

Documents That Do NOT Require Notarization

• The Complaint for Divorce (signed by the plaintiff only — no notary needed)
• The Domestic Relations Cover Sheet
• The Confidential Information Sheet
• The proposed Decree of Divorce (the judge signs this, not the parties)
• The Child Support Worksheet
• Parenting class certificates

Where to Get Documents Notarized

You'll need a notary for 3–5 documents depending on your case. Finding free or cheap notary services:

• Banks and credit unions: Most offer free notary services to account holders. Call ahead to confirm a notary is available.
• UPS Store, FedEx Office: Walk-in notary services, typically $5–$10 per signature.
• County clerk's office: Some Arkansas county clerks have a notary on staff — you can get documents notarized at the same time you file.
• Libraries: Larger public libraries in Arkansas occasionally offer free notary services.
• Online notary (RON): Arkansas authorizes Remote Online Notarization under Ark. Code Ann. § 21-14-301 et seq. You can notarize via video call through approved platforms — useful if your spouse lives in another city or state.

Timing Tips

Don't notarize everything at once on day one. Some documents (like the Entry of Appearance and Waiver) need your spouse's cooperation, and the Affidavit of Financial Means should reflect current financial information at the time of filing. Notarize each document as it's ready rather than trying to batch everything.

The one exception: if you and your spouse are both available and cooperative, you can knock out the waiver, both financial affidavits, the MSA, and the resident witness affidavit in a single notary session. Bring your witness along and you're done in 15 minutes.

The Arkansas Divorce Filing Process Guide flags every notarization requirement at the exact step where it comes up, so you never discover a missing stamp at the clerk's window.

See more Arkansas guides →