How to File for Divorce in Arkansas (2026)
Reviewed by DocDraft Legal Team · Arkansas · Last updated 2026-05-18
Ending a marriage in Arkansas follows Arkansas-specific family law from the first filing. The asset rule is equitable distribution (a fair, not automatically equal, split); the no-fault ground is available after the required period of living separate and apart. You must satisfy the residency requirement first: Either party must be a resident of Arkansas for at least 60 days before filing and continue Arkansas residence for at least 3 full months before entry of decree; 60-day residency must be proved. What follows is the Arkansas process, forms, and the controlling statute, Ark. Code Ann. § 9-12-301.
Key Considerations
Support after the marriage ends follows a different track: Alimony may be awarded in fixed or rehabilitative installments based on need of one spouse and ability of the other to pay; the court considers the parties' financial circumstances. See Ark. Code Ann. § 9-12-312.
The asset question in a Arkansas divorce is governed by equitable-distribution. Equitable distribution: all marital property is divided one-half to each party unless the court finds the division inequitable; nine factors guide unequal division. Property acquired before marriage, by gift, or by inheritance is separate. The controlling authority is Ark. Code Ann. § 9-12-315.
Where children are involved, Arkansas applies an income-shares model Income-shares model under Arkansas Supreme Court Administrative Order Number 10 (effective 2020 amendment); both parents' combined adjusted gross income is applied to a basic-obligation schedule with adjustments for shared physical care, health insurance, and child care. See Ark. Sup. Ct. Admin. Order No. 10, with the official calculator.
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Relevant Documents
For a Arkansas case specifically, Complaint for Divorce; statewide court forms published by the Arkansas Judiciary
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Arkansas Code § 9-12-301 - Grounds for divorce
This law outlines the legal grounds for divorce in Arkansas, which include: impotence, conviction of a felony, habitual drunkenness, cruel treatment, general indignities, incurable insanity, and the most commonly used ground - separation for 18 continuous months without cohabitation. Understanding these grounds is essential as Arkansas requires you to specify a legal reason for your divorce.
Arkansas Code § 9-12-312 - Division of property
This statute governs how marital property is divided in an Arkansas divorce. Arkansas follows the principle of 'equitable distribution,' meaning property is divided fairly but not necessarily equally. The court considers factors such as the length of marriage, age, health, occupation, income, and contributions of each spouse. This law directly impacts what assets and debts you'll retain after divorce.
Arkansas Code § 9-12-307 - Residency requirement
To file for divorce in Arkansas, at least one spouse must have been a resident of the state for at least 60 days before filing and must remain a resident throughout the proceedings. The final decree won't be issued until at least 30 days after the initial filing. This residency requirement determines your eligibility to file in Arkansas.
Arkansas Code § 9-13-101 - Child custody
This law establishes that child custody decisions in Arkansas are made based on the 'best interest of the child' standard. Courts consider factors such as the relationship between each parent and child, stability, and the child's preference if they're mature enough. This directly affects your parental rights and responsibilities after divorce.
Arkansas Code § 9-12-309 - Alimony
This statute gives Arkansas courts the authority to award alimony (spousal support) to either spouse. The court considers factors such as financial circumstances, earning capacity, education, standard of living during marriage, and length of marriage. Understanding this law helps you anticipate potential financial obligations or support after divorce.
Arkansas Code § 9-14-105 - Child support guidelines
Arkansas has established guidelines for calculating child support based primarily on the income of the non-custodial parent and the number of children. These guidelines determine the financial support you may be required to pay or entitled to receive for your children's care after divorce.
Arkansas Code § 9-12-306 - Waiting period
Arkansas law requires a minimum 30-day waiting period between filing for divorce and when the court can grant the final decree. This mandatory waiting period affects the timeline of your divorce process and when you can legally remarry.
Regional Variances
Northwest Arkansas
Benton County courts typically require mediation before proceeding to trial in contested divorce cases. The county also has specific local rules regarding property division that may differ slightly from other Arkansas counties, particularly for high-asset divorces common in this affluent area.
Washington County has specialized family court divisions that handle divorces. The county may have shorter waiting periods for uncontested divorces compared to other regions, sometimes processing cases in as little as 30 days when all paperwork is properly filed.
Central Arkansas
As the most populous county containing Little Rock, Pulaski County courts handle the highest volume of divorce cases in the state. The county has implemented an electronic filing system that differs from rural counties. Divorces involving children typically require parents to complete specific parenting classes approved by Pulaski County courts.
Faulkner County courts are known for their strict adherence to procedural requirements. The county has specific local rules regarding temporary orders and may require additional financial disclosures compared to other counties.
Eastern Arkansas
Crittenden County courts may have longer processing times for divorce cases due to limited judicial resources. The county also has specific procedures for cases involving domestic violence that differ from other regions, with enhanced protection measures available.
Southern Arkansas
Union County courts tend to be more traditional in their approach to property division and may favor keeping family businesses intact rather than liquidating assets. The county also has specific local rules regarding oil, gas, and mineral rights that are common in this region.
Suggested Compliance Checklist
Confirm the residency requirement before filing
Before filing days after startingEither party must be a resident of Arkansas for at least 60 days before filing and continue Arkansas residence for at least 3 full months before entry of decree; 60-day residency must be proved (Ark. Code Ann. § 9-12-307).
Identify the legal grounds in the petition
Before filing days after startingNo-fault on 18 months continuous separation without cohabitation, granted on the suit of either party regardless of whether the separation was voluntary, by mutual consent, or fault-based. Fault grounds include impotence, conviction of a felony, habitual drunkenness for one year, cruel and barbarous treatment endangering life, indignities, adultery, and three years of insanity with institutional confinement. See Ark. Code Ann. § 9-12-301.
Open the case by filing the petition
At filing days after startingComplaint for Divorce; statewide court forms published by the Arkansas Judiciary The filing fee is approximately $165 circuit court filing fee for a complaint for divorce. A fee waiver is available: In Forma Pauperis petition under Ark. R. Civ. P. 72 permits waiver of court costs for indigent filers.
Exchange financial disclosures and serve the other spouse
After filing days after startingServe the petition and any required financial-disclosure forms, then file proof of service before the matter is heard.
Close out the case
After filing days after startingWith the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage.
Calendar the statutory timeline
Final step days after starting30 days from the date of filing before the divorce may be granted. See Ark. Code Ann. § 9-12-307.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the residency requirement before filing | Either party must be a resident of Arkansas for at least 60 days before filing and continue Arkansas residence for at least 3 full months before entry of decree; 60-day residency must be proved (Ark. Code Ann. § 9-12-307). | - | Before filing |
| Identify the legal grounds in the petition | No-fault on 18 months continuous separation without cohabitation, granted on the suit of either party regardless of whether the separation was voluntary, by mutual consent, or fault-based. Fault grounds include impotence, conviction of a felony, habitual drunkenness for one year, cruel and barbarous treatment endangering life, indignities, adultery, and three years of insanity with institutional confinement. See Ark. Code Ann. § 9-12-301. | divorce-petition | Before filing |
| Open the case by filing the petition | Complaint for Divorce; statewide court forms published by the Arkansas Judiciary The filing fee is approximately $165 circuit court filing fee for a complaint for divorce. A fee waiver is available: In Forma Pauperis petition under Ark. R. Civ. P. 72 permits waiver of court costs for indigent filers. | divorce-petition | At filing |
| Exchange financial disclosures and serve the other spouse | Serve the petition and any required financial-disclosure forms, then file proof of service before the matter is heard. | - | After filing |
| Close out the case | With the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage. | - | After filing |
| Calendar the statutory timeline | 30 days from the date of filing before the divorce may be granted. See Ark. Code Ann. § 9-12-307. | - | Final step |
Frequently Asked Questions
Either party must be a resident of Arkansas for at least 60 days before filing and continue Arkansas residence for at least 3 full months before entry of decree; 60-day residency must be proved. This is set by Ark. Code Ann. § 9-12-307.
No-fault on 18 months continuous separation without cohabitation, granted on the suit of either party regardless of whether the separation was voluntary, by mutual consent, or fault-based. Fault grounds include impotence, conviction of a felony, habitual drunkenness for one year, cruel and barbarous treatment endangering life, indignities, adultery, and three years of insanity with institutional confinement. The governing statute is Ark. Code Ann. § 9-12-301.
Arkansas uses equitable distribution (a fair, not automatically equal, split). Equitable distribution: all marital property is divided one-half to each party unless the court finds the division inequitable; nine factors guide unequal division. Property acquired before marriage, by gift, or by inheritance is separate. See Ark. Code Ann. § 9-12-315.
approximately $165 circuit court filing fee for a complaint for divorce. In Forma Pauperis petition under Ark. R. Civ. P. 72 permits waiver of court costs for indigent filers
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