Divorce in Arkansas follows a structured legal path, and understanding that path can make the experience more manageable. Whether you live in Little Rock, Fayetteville, or a smaller county, the process generally remains consistent across the state. Arkansas law covers everything from initial filings to custody and property division with clear procedural guidelines.
Residency Requirements
Before filing for divorce in Arkansas, at least one spouse must have been a resident for a minimum of 60 days. Additionally, the court will not finalize the divorce until at least three months have passed from the filing date. These timing rules are strictly enforced, so it's important to verify your eligibility first.
Grounds for Divorce
Arkansas allows both fault and no-fault divorces. Unlike many states, however, it does not recognize “irreconcilable differences” as a general no-fault ground. The most common no-fault option is living separately for 18 consecutive months without cohabitation. Fault-based grounds include adultery, habitual drunkenness, cruelty, and conviction of a felony.
Filing the Petition
The divorce process begins when one spouse (the petitioner) files a Complaint for Divorce in the appropriate circuit court. The complaint must include key information such as grounds, property claims, child custody requests, and financial disclosures. Once filed, the other spouse (the respondent) must be legally served.
Serving the Respondent
Arkansas law requires proper service of divorce documents. This can be accomplished through a sheriff, process server, or certified mail. If the respondent fails to respond within the deadline, the petitioner may request a default judgment from the court.
Temporary Orders and Hearings
Either spouse may request temporary orders while the divorce is pending. These orders can cover child custody, spousal support, exclusive use of the home, and other important matters. A hearing may be scheduled if the parties cannot agree, allowing a judge to make temporary rulings.
"Temporary orders are not permanent, but they set the tone and structure for how issues like custody and finances are handled until the final decree."
Property Division in Arkansas
Arkansas is an equitable distribution state, meaning marital property is divided fairly — though not necessarily equally. The court will evaluate income, contributions to the marriage, duration of the relationship, and who will have primary custody of the children. Separate property (owned before the marriage or inherited) is usually excluded from division.
Child Custody and Support
Custody decisions are made based on what serves the best interests of the child. Arkansas courts may award joint or sole custody depending on the circumstances. Child support is calculated using state guidelines, which factor in the non-custodial parent's income, number of children, and other financial considerations.
Finalizing the Divorce
After all issues have been resolved — either through agreement or court ruling — the judge will issue a Final Decree of Divorce. Even in uncontested cases, the three-month waiting period must be observed before the divorce becomes official. If children are involved, both parents may be required to complete a parenting class before finalization.
Common Issues in Arkansas Divorces
- One spouse refusing to respond or participate
- High-conflict custody disputes
- Unequal financial disclosures
- Attempts to hide or misclassify property
Although some Arkansas residents complete uncontested divorces without legal help, others benefit from working with an attorney — especially in cases involving complex property, children, or high emotional conflict. The more you understand about the process, the better prepared you'll be to protect your rights.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Arkansas divorce papers or browse Arkansas divorce lawyers to get the help you need.