How to Serve Divorce Papers in Arkansas

The 120-Day Deadline That Controls Everything

After you file your Complaint for Divorce, the clock starts. Under Arkansas Rules of Civil Procedure Rule 4(i), you have exactly 120 days to execute service of process on your spouse. If you don't complete service — or get a court-ordered extension — within that window, the court must dismiss your case.

This isn't a soft deadline. Dismissal is mandatory, and you'd have to refile (and pay the filing fee again) to start over.

Option 1: Entry of Appearance and Waiver of Service

For cooperative spouses, this is the fastest and cheapest method. Your spouse signs a notarized document called an Entry of Appearance and Waiver of Service of Summons. By signing, they:

• Acknowledge receiving a copy of the Complaint for Divorce
• Enter a formal appearance in the case
• Waive the requirement for formal service of the Summons
• Waive notice of subsequent hearings

Once this notarized waiver is filed with the circuit clerk, service is complete. There's no waiting for a sheriff, no tracking a certified mail receipt — the case can move forward immediately.

The waiver must be signed before a notary public. An unsigned or unnotarized waiver is invalid, and the clerk will reject it.

Option 2: Certified Mail

You can serve your spouse by sending the Summons and Complaint via certified mail with return receipt requested and restricted delivery. "Restricted delivery" means only the person named on the envelope can sign for it.

The service is legally valid only if your spouse personally signs the green return receipt card. If anyone else signs — a roommate, family member, or office receptionist — the service is defective and doesn't count.

This method costs about $7–$10 through USPS and works well when your spouse lives at a known address but won't voluntarily sign the waiver. The main risk is that they refuse to sign for the letter or aren't home for delivery attempts.

Option 3: Sheriff Service

The county sheriff's office will personally deliver the Summons and Complaint to your spouse for a flat fee, typically $50–$75 depending on the county. You provide the sheriff's office with:

• The Summons (issued by the clerk after filing)
• A copy of the Complaint for Divorce
• Your spouse's current address

The sheriff serves the papers, then files a Return of Service with the court confirming the date, time, and manner of service. This creates an official record that's hard to dispute.

Sheriff service is reliable and produces strong proof of service, but it requires your spouse to be at the address you provide. If they're not home, the sheriff may need to make multiple attempts.

Option 4: Private Process Server

Under Administrative Order No. 20, Arkansas circuit courts authorize private process servers to execute service of process. Private servers must carry a certified copy of their court-appointment order and their driver's license when serving papers.

Private process servers are generally faster and more flexible than sheriffs — they'll serve papers in the evenings and on weekends, and they'll make more attempts to locate a hard-to-find respondent. Fees vary by county; Clark County, for example, sets the private process server fee at $140.

When Your Spouse Can't Be Found: Service by Publication

If your spouse has disappeared, is in hiding, or can't be located through reasonable effort, you can petition for constructive service through a Warning Order under Rule 4(g)(3).

The process requires:

1. File an affidavit of diligent inquiry. You must swear under oath that you've made a genuine effort to find your spouse — contacting relatives, checking last known employers, searching public records, and exhausting all reasonable avenues.

2. Get the court to issue a Warning Order. If the judge is satisfied with your diligent inquiry, the clerk issues a Warning Order directing your spouse to respond.

3. Publish the Warning Order. The order must be published in a newspaper of countywide circulation once a week for two consecutive weeks, with publications appearing 15 days apart. Alternatively, it can be posted on a qualifying state judiciary website for 30 continuous days.

4. Wait for a response. Your spouse has 30 days from the date of first publication (or the start of website posting) to file an answer. If they don't respond, the case can proceed as a default.

Service by publication doesn't give the court personal jurisdiction over your spouse for property division outside the marriage — but it does let you dissolve the marriage itself. If your spouse owns property in Arkansas, the court can divide it, but out-of-state assets may be beyond reach without personal service.

Proof of Service: What to File

Regardless of which method you use, proof of service must be filed with the circuit clerk:

• Waiver: The original notarized Entry of Appearance and Waiver
• Certified mail: The signed green return receipt card
• Sheriff/process server: The Return of Service filed by the officer or server
• Publication: An affidavit of publication from the newspaper, plus proof of the 30-day response window

Without filed proof, the court has no record that service was completed, and your case can't move forward to finalization.

The Arkansas Divorce Filing Process Guide includes templates and instructions for each service method, plus a decision flowchart to help you choose the right option for your situation.

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