Arkansas Divorce Guide
Everything you need to know about filing for divorce in Arkansas — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Arkansas Divorce at a Glance
| Residency Requirement | 2 months in state |
| Waiting Period | 30 days — Under Arkansas law, no final divorce decree may be entered until at least 30 days after the complaint is filed. This mandatory cooling-off period applies even in uncontested cases. After the 30-day period expires, the petitioner must request a hearing date from the court clerk. |
| Filing Fee | $165(fee waiver available) |
| No-Fault Grounds | Separation for 18 Continuous Months |
| Fault Grounds | Impotence, Conviction of a Felony or Infamous Crime, Habitual Drunkenness for One Year, Cruel and Barbarous Treatment, Indignities, Adultery, Incurable Insanity, Nonsupport |
| Property Division | Equitable Distribution |
| E-Filing | Available — Arkansas uses the eFlex electronic filing system, mandated in most Circuit Courts under Administrative Order No. 21. Registration requires a one-time fee of $100 and completion of an Electronic Filing User Agreement. Pro se filers must submit an Affidavit in Support of Pro Se Request for Electronic Filing Account. Not all courts have adopted eFlex, so confirm with your local court. |
| Response Window | 30 days — Under the Arkansas Rules of Civil Procedure, the defendant has 30 days from the date of service to file an Answer to the Complaint for Divorce, admitting or denying the allegations. Failure to respond may result in a default judgment. |
Grounds for Divorce in Arkansas
lived separate and apart from each other for eighteen (18) continuous months without cohabitation
No-Fault Grounds
- Separation for 18 Continuous Months — Under Ark. Code Ann. 9-12-301(b), an absolute decree of divorce shall be granted when husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, whether the separation was the voluntary act of one party or by mutual consent of both parties or due to the fault of either party or both parties. If the parties resume cohabitation during the 18-month period, the clock resets.
Fault-Based Grounds
- Impotence — Under Ark. Code Ann. 9-12-301(a)(1), impotence of the other spouse at the time of marriage and continuing to the time of filing.
- Conviction of a Felony or Infamous Crime — Under Ark. Code Ann. 9-12-301(a)(2), conviction of a felony or other infamous crime.
- Habitual Drunkenness for One Year — Under Ark. Code Ann. 9-12-301(a)(3), habitual drunkenness for one year.
- Cruel and Barbarous Treatment — Under Ark. Code Ann. 9-12-301(a)(4), cruel and barbarous treatment that endangers the life of the other spouse.
- Indignities — Under Ark. Code Ann. 9-12-301(a)(5), offering such indignities to the person of the other party as shall render the other party's condition intolerable.
- Adultery — Under Ark. Code Ann. 9-12-301(a)(6), adultery committed after marriage. Fault-based grounds must have occurred within the 5 years prior to filing.
- Incurable Insanity — Under Ark. Code Ann. 9-12-301(a)(7), when one spouse has been adjudged insane and confined to an institution for three years. Two qualified physicians must testify that the condition is incurable.
- Nonsupport — Under Ark. Code Ann. 9-12-301(a)(8), when either spouse, without just cause, refuses to live with the other spouse for one year.
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How to File for Divorce in Arkansas
Meet Residency Requirements
You must have lived in Arkansas for at least 2 months before filing. Under Ark. Code Ann. 9-12-307, you or your spouse must have been a resident of Arkansas for at least 60 days before filing for divorce. Additionally, the filing spouse must have been a resident for three full months (90 days) before the final judgment can be granted. The residence must be proven through a Resident Witness Affidavit -- a sworn statement from someone who can corroborate that the filing spouse has physically lived in Arkansas for the required time. The complaint must be filed in the circuit court of the county where the filing spouse resides, or in the county where the defendant resides if the filing spouse is not an Arkansas resident.
Complete Your Forms
Arkansas requires 3 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $165 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: Personal Service by Sheriff or Process Server, Certified Mail, Service by Publication, Waiver of Service. The filing spouse must serve the defendant within 120 days after filing the complaint. Failure to serve within this period without good cause may result in dismissal of the case. The defendant has 30 days from service to file an Answer.
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 30-day waiting period, the court can issue your final decree.
Special Rules in Arkansas
Covenant Marriage
Under Ark. Code Ann. 9-11-801 et seq., Arkansas is one of three states (along with Louisiana and Arizona) that recognizes covenant marriages. In a covenant marriage, the couple agrees to premarital counseling and more limited grounds for divorce. Divorce from a covenant marriage requires proof of specific fault-based grounds (adultery, conviction of a felony, physical or sexual abuse, separation for two years, or habitual substance abuse for one year after counseling) and cannot be obtained on no-fault grounds.
18-Month Separation Requirement for No-Fault
Arkansas requires a full 18 continuous months of living separate and apart without cohabitation before a no-fault divorce can be granted under Ark. Code Ann. 9-12-301(b). This is one of the longest separation periods in the United States. Any resumption of cohabitation resets the clock.
Fault Grounds Must Be Recent and In-State
Fault-based grounds for divorce must have occurred within the 5 years prior to filing and must have occurred within the state of Arkansas.
Divorce by Affidavit
In uncontested divorces, Arkansas allows the final hearing to proceed by affidavit or deposition without requiring a personal court appearance, subject to court approval.
Mandatory Requirements
Financial Disclosure
Both parties must exchange financial disclosures within 30 days of filing.
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