Getting Divorced in Arkansas: A Legal Guide

Before filing for divorce in Arkansas, ensure you meet the residency requirements. At least one spouse must have been a resident of Arkansas for at least 60 days before filing and must be a resident for three full months before the final judgment can be entered. Also, understand Arkansas recognizes both fault and no-fault grounds for divorce.

Collect all financial records including bank statements, tax returns, pay stubs, retirement account statements, property deeds, vehicle titles, mortgage documents, credit card statements, loan documents, and insurance policies. These will be needed for the financial disclosure and property division process.

This is the formal document that initiates the divorce process. In Arkansas, it must include basic information about both spouses, marriage date, separation date, grounds for divorce, children of the marriage, and requests regarding property division, support, and custody. The petition must be filed in the county where either spouse resides.

A summons notifies your spouse that you have filed for divorce and that they have a limited time (usually 30 days in Arkansas) to respond. The summons must be served along with the petition.

File the original petition, summons, and any other required initial documents with the clerk of the circuit court in the appropriate county. Pay the filing fee (approximately $150-$200 in Arkansas, though fees vary by county). If you cannot afford the fee, you can apply for a fee waiver.

In Arkansas, your spouse must be formally served with the divorce papers. This can be done through certified mail with return receipt, by the sheriff's office, or by a private process server. If your spouse agrees, they can sign a waiver of service. Proper service is crucial for the divorce to proceed.

If you're the responding spouse, you must file a written response to the petition within 30 days of being served. If you're the petitioner, review your spouse's response when received. The response should address each allegation in the petition and state any counterclaims.

Both spouses must complete and exchange comprehensive financial disclosure forms detailing all assets, debts, income, and expenses. In Arkansas, this is typically done through an Affidavit of Financial Means. Full and honest disclosure is required by law, and hiding assets can result in penalties.

Either spouse may request temporary orders regarding child custody, support, use of marital property, or spousal support while the divorce is pending. If requested, prepare for and attend this hearing. Bring relevant financial documentation and be prepared to testify about your needs and circumstances.

If you have minor children, create a detailed parenting plan addressing legal and physical custody, visitation schedules, holiday arrangements, decision-making authority, and communication between parents. Arkansas courts prioritize the best interests of the child when approving parenting plans.

Arkansas uses specific guidelines to calculate child support based on income and the number of children. Complete the Arkansas Child Support Worksheet to determine the appropriate amount. This calculation is mandatory even if parents agree to a different amount, as the court must approve any deviation from guidelines.

Work with your spouse (and attorneys if applicable) to negotiate a comprehensive settlement addressing division of property, debts, spousal support, child custody, and support. In Arkansas, marital property is divided equitably (fairly but not necessarily equally). Consider mediation if negotiations stall.

If retirement accounts need to be divided, a QDRO is required. This specialized court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may have specific requirements for QDROs, so these should be prepared by someone with expertise in this area.

Arkansas requires divorcing parents to attend a court-approved parenting education course. The course covers the impact of divorce on children and co-parenting strategies. You must complete this before the divorce can be finalized and file the certificate of completion with the court.

If all issues are resolved, prepare for an uncontested final hearing. If issues remain disputed, prepare for a contested trial. Gather all necessary evidence and witnesses. In Arkansas, even uncontested divorces require a hearing where at least one spouse must testify about the grounds for divorce and that the settlement is fair.

After the hearing, submit the proposed Final Decree of Divorce for the judge to sign. This document incorporates all agreements and court rulings and officially ends the marriage. In Arkansas, there is a mandatory 30-day waiting period from the date of filing before a divorce can be finalized.

If child support or spousal support is ordered, Arkansas typically requires a wage withholding order. This document directs the paying spouse's employer to withhold support payments from their paycheck and send them directly to the receiving spouse or the Arkansas Child Support Clearinghouse.

Once the judge signs the Final Decree, obtain several certified copies from the court clerk. You'll need these for various post-divorce matters such as changing your name, updating financial accounts, and modifying property titles.

After the divorce is finalized, update your will, power of attorney, healthcare directives, insurance policies, and beneficiary designations. If you're changing your name, update your Social Security card, driver's license, passport, and other identification documents.

Follow through with property transfers as outlined in the divorce decree. This may include refinancing mortgages, transferring vehicle titles, updating property deeds, and dividing financial accounts. In Arkansas, you may need to file a quitclaim deed for real estate transfers.