How to File for Divorce in Arkansas: The No-Fuss Guide
Filing for divorce is never easy, no matter where you live. But if you’re considering taking this big step in Arkansas, understanding the rules and process can help ease some of the stress. Whether you’re doing it amicably or navigating a more challenging situation, knowing how to file for divorce in Arkansas is essential.
Divorce might not top your “fun things to do” list, but it doesn’t have to feel like climbing Mount Doom either.
If you’re in Arkansas and considering this life change, understanding the rules makes everything easier.
Let’s break it down like a good recipe—step by step, no fluff.
This guide focuses on the “court” divorce process only. There’s another method for divorce known as Mediation. For information on the mediation process, please click here.
Quick Basics About Divorce in Arkansas
Before we dive into the “how-to,” let’s go over some basics. Divorce is the legal process of ending a marriage. In Arkansas, there are specific rules and requirements you need to follow to file for divorce successfully. These rules vary slightly depending on whether the divorce is contested or uncontested.
Here’s the deal: Arkansas is a “fault-based” state, meaning you must provide a valid reason—or grounds—for wanting a divorce. While you can file on no-fault grounds like separation, fault-based grounds include things like adultery, cruelty, or abandonment.
Arkansas is a “fault-based” state.
This means you need a reason—aka “grounds”—for wanting a divorce.
No, “I’m over it” doesn’t count.
Here’s what does:
- No-Fault Grounds: Lived separately for 18 months. Think of it as a mandatory timeout.
- Fault Grounds: Serious stuff like adultery, cruelty, abandonment, habitual drunkenness (this might be a difficult one to prove), or even a felony conviction.
The type of grounds you choose can change the game, especially if it’s contested.
Can You File for Divorce in Arkansas?
Before you can file for divorce in Arkansas, you need to meet certain eligibility requirements.
Residency Requirements
You or your spouse must have lived in Arkansas for at least 60 days before filing. Additionally, you need to wait three months after filing before the divorce can be finalized.
I remember when my friend Lisa wanted to file for divorce. She’d just moved back to Arkansas and was ready to move forward—but she had to wait out the residency period first. It was frustrating, but it gave her time to prepare her documents and think about her next steps.
The Step-by-Step Process
Step 1: Decide What Type of Divorce You Want
- Uncontested: You and your spouse agree on everything. Think “peaceful breakup.”
- Contested: There’s disagreement, and the court needs to step in. Drama alert.
Uncontested saves time, money, and emotional energy—highly recommended.
Step 2: Gather Your Paperwork
Here’s the paperwork you’ll need:
- Complaint for Divorce: Officially kicks things off.
- Summons: Alerts your spouse you’re serious.
- Settlement Agreement (for uncontested divorces): Where you divvy up stuff like the house and custody.
Tip: Check with your local courthouse for county-specific forms.
Step 3: File at the Court
Head to the courthouse in your county (or your spouse’s). Filing fees usually run between $100–$200.
Double-check everything before filing. Typos are not your friend here.
Step 4: Serve Your Spouse
No sneaky moves—your spouse has to know you’ve filed.
Options include:
- Personal Service: Sheriff or process server delivers the papers.
- Certified Mail: Requires their signature.
- Publication: Can’t find them? Run a notice in the local paper (with court approval).
They have 30 days to respond.
Step 5: Chill During the Waiting Period
Arkansas makes you wait three months before finalizing the divorce. It’s like a built-in cooling-off period.
Step 6: Attend the Final Hearing
For uncontested divorces, it’s usually a quick and painless review by the judge.
For contested divorces, expect more hearings, evidence, and a sprinkle of courtroom drama.
Custody and Support: What You Need to Know
Divorce involving children adds an extra layer of complexity. In Arkansas, the court prioritizes the best interests of the child when determining custody and support arrangements.
- Custody: Arkansas prefers joint custody when possible, as long as it’s in the child’s best interest.
- Child Support: Payments are based on the Arkansas child support guidelines, which consider factors like income and parenting time.
I’ve seen friends navigate these waters, and one piece of advice stands out: always put the kids first. Even if emotions are high, keeping the focus on what’s best for the children can make the process smoother.
Common Questions About Filing for Divorce in Arkansas
1. How Long Does It Take to Finalize a Divorce in Arkansas?
The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce can be finalized in as little as three months, while a contested divorce may take much longer.
2. Can I File for Divorce Without a Lawyer?
Yes, you can file for divorce without a lawyer, especially if it’s uncontested. However, hiring a lawyer is often a good idea for contested cases or if you’re unsure about the legal process.
3. What If My Spouse Doesn’t Respond to the Divorce Papers?
If your spouse doesn’t respond within 30 days, you can request a default judgment, which allows the divorce to proceed without their input.
Tips for a Smooth Divorce Process
- Stay Organized: Keep all documents in one place.
- Be Realistic: No one gets everything they want. Compromise is key.
- Put Kids First: If little ones are involved, focus on their well-being.
- Take Breaks: Divorce is a marathon, not a sprint. Self-care matters.
My Cousin’s Divorce Filing Story
My cousin Becky was ready to file after years of unhappiness. She followed the steps above, stayed patient through the waiting periods, and even managed to keep things civil with her ex.
Her secret? Taking things one step at a time—and leaning on her friends (me!) for support when things got rough.
Final Thoughts
Filing for divorce in Arkansas might seem daunting, but with the right information and a clear plan, it’s manageable. From understanding the residency requirements to navigating custody and support, each step gets you closer to starting the next chapter of your life.
Remember, divorce is a process—not a race. Take the time to educate yourself, make thoughtful decisions, and prioritize your well-being. If you’re ready to file for divorce in Arkansas, you’ve already taken the first step by learning the rules.
Filing for divorce in Arkansas might not be fun, but it’s far from impossible. The key is staying informed, organized, and focused on what matters most—your future. Take it step by step, and before you know it, you’ll be on the other side, ready for a fresh start.
You’ve got this!
