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Arkansas Divorce Petition

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Introduction

In an Arkansas courtroom, the Complaint for Divorce is the formal pleading one spouse, the Plaintiff, files to open a divorce case and ask the Circuit Court to end the marriage. Arkansas uses a 'complaint' rather than a 'petition,' and the filing spouse proceeds as the Plaintiff against the Defendant. Either the plaintiff or defendant must have lived in Arkansas for 60 days before filing the complaint, and one spouse must remain a resident for 3 months before the court enters the final decree, under Ark. Code Ann. § 9-12-307(a)(1)(A). Even when residency is met, no Arkansas divorce may be granted until at least 30 days have elapsed from the date the complaint is filed, the '30-day' rule under Ark. Code Ann. § 9-12-307(a). Arkansas offers no 'pure' no-fault path. Its only no-fault ground is voluntary separation, meaning spouses living separate and apart without cohabitation for 18 continuous months, which sits alongside fault grounds such as general indignities, adultery, and cruelty under Ark. Code Ann. § 9-12-301. The action is filed in the domestic-relations division of the Circuit Court for the county of filing and names a Plaintiff and a Defendant seeking an 'absolute divorce' from the bonds of matrimony.

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Key Things to Know

  1. 1

    Definition: Arkansas calls its opening pleading a 'Complaint for Divorce,' the formal document that starts a divorce case. Filed by the Plaintiff, it asks the Circuit Court to legally end the marriage and grant an absolute divorce.

  2. 2

    Residency: Either the plaintiff or defendant must have been an Arkansas resident for 60 days before filing (commencement of the action) and remain a resident for 3 months before entry of the final decree, under Ark. Code Ann. § 9-12-307(a)(1)(A).

  3. 3

    Waiting Period: A divorce cannot be granted until at least 30 days have passed from the date the complaint is filed, the '30-day' rule under Ark. Code Ann. § 9-12-307(a), so even uncontested cases have a mandatory minimum timeline.

  4. 4

    Grounds: Arkansas has no 'pure' no-fault option. Its no-fault ground is voluntary separation, meaning living separate and apart without cohabitation for 18 continuous months, alongside fault grounds like general indignities, adultery, and cruelty under Ark. Code Ann. § 9-12-301.

  5. 5

    Property: Arkansas uses equitable distribution. Marital property is divided one-half to each party unless the court finds an unequal division is equitable after weighing the statutory factors in Ark. Code Ann. § 9-12-315.

  6. 6

    Forms and Court: Arkansas files a 'Complaint for Divorce' (not a 'petition') with a Summons, naming a Plaintiff and a Defendant and seeking an 'absolute divorce' rather than a 'dissolution of marriage.' The case is filed in the domestic-relations division of the Arkansas Circuit Court for the county where the action is brought.

  7. 7

    Fee: The circuit court filing fee is approximately $165, though the exact amount varies slightly by county, and low-income filers can request a fee waiver.

Key decisions before you file

Before you file a Divorce Petition in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce Complaint in Arkansas

In Arkansas, the document that opens a divorce is a Complaint for Divorce (/legal-document/divorce-petition), not a 'petition.' The state's terminology follows its statutes closely, so the spouse who files is the Plaintiff and the other spouse is the Defendant. Together with a Summons, the complaint is filed in the domestic-relations division of the Circuit Court for the county where the action is brought. The filing fee is approximately $165 and varies slightly by county.

Residency and the 30-Day Rule

Before the court can grant relief, either the Plaintiff or the Defendant must have been a resident of Arkansas for 60 days before filing, and one spouse must remain a resident for 3 months before the final decree is entered, under Ark. Code Ann. § 9-12-307(a)(1)(A). A second timing rule runs alongside it. Under Ark. Code Ann. § 9-12-307(a), no divorce may be granted until at least 30 days have elapsed from the date the complaint is filed. This '30-day' rule sets a firm floor even for fully uncontested matters, so a decree cannot issue the same week the complaint lands.

Choosing a Ground

Arkansas gives no 'pure' no-fault route. Its only no-fault ground is voluntary separation, which requires that the parties have lived separate and apart, without cohabitation, for eighteen (18) continuous months. Because of that requirement, spouses who want to avoid alleging fault must plan around an 18-month clock before a decree can be entered on that ground. The alternative is a traditional fault ground under Ark. Code Ann. § 9-12-301, such as general indignities, adultery, or cruelty. Fault grounds carry no pre-filing separation period, which is why many contested Arkansas complaints plead general indignities instead of waiting eighteen months.

Dividing Property

Arkansas is an equitable-distribution state, not a community-property state. Under Ark. Code Ann. § 9-12-315, marital property is divided one-half to each party as the default. The court departs from that even split only when it finds an unequal division is equitable after weighing the statutory factors, including the length of the marriage, each spouse's contributions, occupation, and health. The Plaintiff should therefore expect a presumption of a 50/50 split of marital property unless the record supports a different allocation.

Putting It Together

A well-prepared Arkansas Complaint for Divorce (/legal-document/divorce-petition) ties these facts together. It establishes the 60-day residency, states a ground, either the 18-month voluntary separation or a fault ground such as general indignities, and requests an equitable division under § 9-12-315. Filed in the county Circuit Court with a Summons and the roughly $165 fee, it starts the 30-day clock under § 9-12-307(a). Matching the complaint to the correct ground, and the residency proof to § 9-12-307, is what keeps an Arkansas absolute divorce moving from filing to decree without a curable defect.

Arkansas Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: Either the plaintiff or defendant must have been a resident of Arkansas for 60 days before filing (commencement of the action) and a resident for 3 months before the entry....

Residency (County)

Must file in the correct county Circuit Court the domestic-relations.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. Arkansas has no 'pure' no-fault option; its no-fault ground is voluntary separation , spouses 'living separate and apart from each other for eighteen (18) continuous months without....

Waiting Period

Mandatory waiting period: A divorce may not be granted until at least 30 days have elapsed from the date of filing the complaint....

Required Forms

Must file correct state forms: Complaint for Divorce (Arkansas uses a 'complaint,' not a 'petition') and a Summons..

Property Division

Property is divided according to: Equitable distribution , marital property is divided one-half to each party unless the court finds... laws.

Filing Fee

Filing fee is typically Approximately $165 (circuit court filing fee; varies slightly by county). unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the pleading that opens a divorce case and asks the court to end the marriage. In Arkansas it is called a 'Complaint for Divorce,' filed by the Plaintiff in the domestic-relations division of the Circuit Court. The other spouse is the Defendant, and the complaint asks the court to grant an 'absolute divorce' from the bonds of matrimony.

Arkansas does not use the term 'dissolution of marriage.' It calls the action a 'divorce,' also described as an 'absolute divorce' or a 'divorce from the bonds of matrimony,' and it calls the opening document a 'Complaint for Divorce' rather than a 'petition.' Some states use 'dissolution' as their word for the same proceeding, but in Arkansas there is no separate 'dissolution' process. The complaint you file is the Arkansas equivalent of what other states may label a divorce petition or dissolution.

Either the plaintiff or defendant must have been a resident of Arkansas for 60 days before filing the complaint (commencement of the action), and one spouse must remain a resident for 3 months before the court enters the final decree, under Ark. Code Ann. § 9-12-307(a)(1)(A).

Arkansas recognizes both no-fault and fault grounds, but it has no 'pure' no-fault option. Its no-fault ground is voluntary separation, meaning the spouses have lived separate and apart from each other for eighteen (18) continuous months without cohabitation. The fault grounds include general indignities, adultery, and cruelty under Ark. Code Ann. § 9-12-301.

Only if you rely on the no-fault ground. Voluntary separation requires the parties to have lived separate and apart without cohabitation for 18 continuous months before a decree can be granted on that basis. Fault grounds such as general indignities, adultery, or cruelty do not require any pre-filing separation period.

A divorce may not be granted until at least 30 days have elapsed from the date the complaint is filed, the '30-day' rule under Ark. Code Ann. § 9-12-307(a). This sets a firm floor, so even a fully uncontested Arkansas case cannot be finalized in the same week the complaint is filed.

Arkansas follows equitable distribution under Ark. Code Ann. § 9-12-315. Marital property is divided one-half to each party as the default, and the court orders an unequal division only when it finds that doing so is equitable after weighing the statutory factors, such as the length of the marriage and each spouse's contributions.

Yes. As long as you properly serve the Defendant with the complaint and Summons, the Circuit Court can proceed and grant a default judgment even if your spouse refuses to respond or participate.