How to File for Divorce in Arkansas

Check Your Residency First

Arkansas won't let you file unless at least one spouse has lived physically in the state for a minimum of 60 continuous days before the filing date. That's actual physical presence — not just an Arkansas address or driver's license. Ark. Code Ann. § 9-12-307(b) defines "residence" as physical presence, and courts have thrown out divorce decrees when this standard wasn't met.

You also need a third-party corroborating witness — someone who lives in Arkansas and can verify under oath that you've been here. This isn't a formality the court overlooks.

Choose Your Statutory Ground

Arkansas doesn't offer a simple "irreconcilable differences" divorce. You have two realistic options:

18-month separation (no-fault): Both spouses must have lived completely separate and apart, in different households, for 18 continuous months. Any cohabitation resets the clock to zero. You'll need your corroborating witness to verify the full separation period under § 9-12-306(c)(1), even in an uncontested case.

General indignities (fault-based, but used cooperatively): Most uncontested Arkansas divorces use this ground. You allege that your spouse's conduct rendered your condition intolerable. When both spouses agree and the case is uncontested, § 9-12-306(a) waives the requirement to prove or corroborate the alleged conduct. This lets cooperative couples finalize within 30–45 days instead of waiting 18 months.

The general indignities route is the standard play for couples who agree on the terms but haven't been separated for a year and a half.

File Your Complaint at the Circuit Clerk's Office

You file in the Domestic Relations Division of the circuit court in the county where you live. If you're a nonresident but your spouse lives in Arkansas, file in their county.

Your filing packet includes:

• Complaint for Divorce
• Domestic Relations Cover Sheet (Administrative Order No. 8)
• Confidential Information Sheet (if minor children are involved)
• Child Support Worksheet (if applicable)

The filing fee is $165 for paper filing or $185 through the eFlex e-filing system (the extra $20 covers the system fee under Administrative Order No. 21). If you can't afford it, you can petition for In Forma Pauperis status under Rule 72 of the Arkansas Rules of Civil Procedure.

Serve Your Spouse

After filing, you have 120 days to serve your spouse. If service doesn't happen within that window, the court must dismiss your case under Rule 4(i).

Your options:

• Waiver of Service — The fastest route for cooperative cases. Your spouse signs a notarized Entry of Appearance and Waiver of Service acknowledging receipt of the Complaint.
• Certified mail — Send the summons and Complaint by certified mail with restricted delivery. The service is valid only if your spouse personally signs the green return receipt card.
• Sheriff or private process server — A county sheriff ($50–$75) or court-appointed process server delivers the papers in person.
• Publication (Warning Order) — If your spouse can't be located after diligent search, you can petition for service by publication in a local newspaper for two consecutive weeks.

Exchange Financial Disclosures and Complete Parenting Classes

Both spouses must exchange completed Affidavits of Financial Means under Administrative Order No. 10, along with supporting tax returns and pay stubs. This is mandatory in every divorce, even when everything is agreed.

If minor children are involved, both parents must complete a minimum of two hours of court-approved co-parenting classes under § 9-12-322 and file the completion certificates with the clerk.

Finalize Your Divorce

The earliest your divorce can be finalized is 30 days after filing — that's the mandatory statutory waiting period under § 9-12-307(a)(1)(B). You also need to satisfy the three-month total residency requirement before the judge can sign the decree.

For uncontested cases, you'll submit your signed Marital Settlement Agreement, the proposed Decree of Divorce, and the notarized Resident Witness Affidavit. Some counties allow finalization entirely by written affidavit or deposition, meaning you never set foot in a courtroom. Others require a brief "prove-up" hearing where you and your witness testify for a few minutes.

Once the judge signs the decree and the clerk files it, your divorce is final.

The Arkansas Divorce Filing Process Guide maps every step of this process with document-by-document instructions, filing checklists, and worksheets for financial disclosure and child support calculations.

See more Arkansas guides →