Arkansas Residency Requirements
Residency requirements for filing for divorce in Arkansas. Learn how long you need to live in the state, what counts as residency, and what to do if you just moved. Updated for 2026.
State Residency
2
months minimum
County Residency
months minimum
Note: 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.
Arkansas Residency Requirements Explained
Before you can file for divorce in Arkansas, at least one spouse must meet the state's residency requirement. This means you must have been a bona fide resident of Arkansas for a minimum of 2 months prior to filing your petition.
In addition to the state requirement, Arkansas also requires that you have lived in the county where you file for at least months. You must file in the county where you (or your spouse) reside.
The residency requirement applies to only one spouse. If your spouse lives in another state, you can still file in Arkansas as long as you personally meet the requirement.
How to Prove Arkansas Residency
If the court or your spouse challenges your residency, you may need to provide evidence. Common proof of residency includes:
Valid Arkansas driver's license or state ID
Active voter registration in Arkansas
Current lease agreement or mortgage for a Arkansas address
Arkansas state tax returns filed as a resident
Utility bills in your name at your current address
Pay stubs or employment verification in Arkansas
Bank statements showing a Arkansas address
Vehicle registered in Arkansas
Check your eligibility to file
Answer a few questions and Divorce.ai will confirm if you meet Arkansas's residency requirements.
Military Personnel & Residency
Active duty military members have special residency options for divorce. Under the Servicemembers Civil Relief Act (SCRA), military members can claim residency in Arkansas if:
- •They are currently stationed in Arkansas
- •They maintain Arkansas as their legal domicile (home of record)
- •Their spouse lives in Arkansas
Military divorce may also involve unique considerations like military pension division, BAH, and deployment-related custody issues. Consult a military-experienced attorney if needed.
What If I Just Moved to Arkansas?
Start your countdown. Note the date you moved to Arkansas. You can file after 2 months from that date.
Prepare now. Use the waiting time to gather financial documents, complete your forms, and reach agreement with your spouse.
Consider your previous state. If you still meet the residency requirements in the state you left, you may be able to file there instead.
Emergency protections are available. If you need protection from domestic violence, you can file for a protective order regardless of residency status.
Don't wait to prepare
Start your Arkansas divorce paperwork now so you can file the day you meet residency requirements.
Where to File in Arkansas
Once you meet Arkansas's residency requirements, you must file for divorce in the correct court. In Arkansas, divorce is filed in the county where you or your spouse lives.
Filing Location Checklist
- ✓Confirm you meet the 2-month state residency requirement
- ✓Confirm you meet the -month county residency requirement
- ✓Identify the correct court for your county
- ✓Check local filing rules and any county-specific forms
- ✓Check if e-filing is available in your county