Divorce in Arkansas (2026)

The 18-Month Separation Requirement

The most distinctive feature of Arkansas divorce law is its no-fault ground: 18 continuous months of living separate and apart without cohabitation. This is one of the longest separation periods required by any state for a no-fault divorce, and it fundamentally shapes how divorce cases proceed in Arkansas.

Because 18 months is a substantial wait, many Arkansas filers choose to pursue fault-based grounds instead — such as personal indignities, adultery, or cruel treatment — which do not require a separation period. The extended no-fault separation requirement creates a strategic decision at the outset of every Arkansas divorce: wait out the separation period for a simpler filing, or allege fault to move more quickly but with greater litigation risk.

Under ACA Sections 9-12-301 et seq., Arkansas recognizes both the 18-month separation ground and several fault-based alternatives.

For a general overview of the divorce process, see our complete guide to divorce.

Grounds for Divorce

Arkansas recognizes the following grounds under ACA Section 9-12-301:

• 18-month separation: The spouses have lived separate and apart without cohabitation for 18 continuous months (no-fault).
• Adultery: One spouse has committed adultery.
• Cruel and barbarous treatment: One spouse has been subjected to treatment that endangers their life.
• Personal indignities: One spouse has been subjected to personal indignities that render their condition intolerable.
• Habitual drunkenness: One spouse has been habitually intoxicated for a period of one year.
• Felony conviction: One spouse has been convicted of a felony or other infamous crime.
• Impotence: One spouse was impotent at the time of the marriage.
• Incurable insanity: One spouse has been diagnosed with incurable insanity for a period of three years.

The “personal indignities” ground is the most commonly used fault-based ground in Arkansas because it covers a broad range of conduct that makes the marriage intolerable, without requiring proof of physical danger.

Residency Requirements

To file for divorce in Arkansas, the filing spouse must have been a resident of the state for at least 60 days before filing the complaint. Additionally, the filing spouse must have resided in Arkansas for at least three full months before the court can enter the final decree. The divorce action is typically filed in the chancery court of the county where the plaintiff resides, or where the defendant resides if the plaintiff is a nonresident.

Filing in Chancery Court

Unlike most states where divorce cases are heard in circuit, superior, or family court, Arkansas divorce cases are filed in chancery court. Arkansas’s chancery courts are courts of equity that historically handled matters involving property, trusts, and injunctive relief. This distinction affects the procedural rules, the style of advocacy, and the role of the judge — chancery judges decide cases without a jury, applying equitable principles rather than strict legal rules.

For practical purposes, this means that Arkansas divorce proceedings are bench trials (decided by a judge, not a jury) where the court has broad equitable discretion. This can work for or against either party, depending on the facts.

Filing Fees and Costs

Filing fees for divorce in Arkansas typically range from $150 to $250, depending on the county. Additional costs include service of process fees, any court-ordered mediation costs, and attorney fees. Fee waivers (in forma pauperis) are available for individuals who demonstrate financial hardship.

The 30-Day Waiting Period

Arkansas imposes a 30-day waiting period from the date of filing before the court can enter a final decree of divorce. In uncontested cases, the divorce may be finalized shortly after this period expires. Contested cases take longer, depending on the complexity of the issues and the court’s schedule.

Property Division

Arkansas follows the equitable distribution model for dividing marital property under ACA Section 9-12-315. Equitable distribution does not necessarily mean equal; the court divides property in a manner that is fair under the circumstances. Arkansas distinguishes between marital property (assets acquired during the marriage) and nonmarital property (assets owned before the marriage, inherited, or received as gifts).

The court considers factors including:

• The length of the marriage
• The age, health, and station of the parties
• The occupation and amount and sources of income of each party
• The vocational skills and employability of each party
• The contribution of each party to the acquisition, preservation, or appreciation of marital property, including homemaker contributions
• The federal income tax consequences of the court’s division
• The need of the custodial parent to occupy the marital home

Alimony in Arkansas

Arkansas courts may award alimony under ACA Section 9-12-312. Alimony in Arkansas is primarily rehabilitative in nature, designed to assist the lower-earning spouse in becoming self-supporting. The court considers factors such as the financial circumstances of both parties, the length of the marriage, the standard of living during the marriage, the earning capacity and health of each spouse, and the property awarded in the divorce.

Permanent alimony is available but is less commonly awarded, typically reserved for long-term marriages where the recipient cannot reasonably achieve self-sufficiency. Temporary alimony may be awarded during the pendency of the divorce proceedings.

The Divorce Process

The typical Arkansas divorce process includes the following steps:

1. Filing the complaint. One spouse files a Complaint for Divorce in the chancery court of the appropriate county.
2. Serving the other spouse. The defendant must be formally served with the complaint and summons.
3. Response. The defendant has 30 days to file an answer.
4. Waiting period. The mandatory 30-day waiting period runs from the date of filing.
5. Discovery. Both parties exchange financial information regarding income, assets, debts, and expenses.
6. Negotiation or mediation. The parties attempt to reach agreement on disputed issues.
7. Trial or settlement. If the parties reach an agreement, they present it to the court. Otherwise, the case proceeds to trial.
8. Final decree. The court enters the final decree of divorce.

Uncontested divorces in Arkansas can be finalized in one to three months. Contested divorces typically take six months to two years.

When to Consult an Attorney

Arkansas’s 18-month separation requirement for no-fault divorce, combined with the availability of fault-based grounds, creates strategic decisions that benefit from professional guidance. Fault-based grounds can sometimes accelerate the timeline but also introduce additional complexity and litigation risk. Cases involving significant assets, child custody disputes, or alimony claims are especially well suited for legal representation. To discuss your situation, schedule a free consultation.

Frequently Asked Questions

What are the residency requirements to file for divorce in Arkansas?

The filing spouse must have been a resident of Arkansas for at least 60 days before filing the complaint. Additionally, the filing spouse must have resided in Arkansas for at least three full months before the court can enter the final decree. The case is typically filed in the chancery court of the county where the plaintiff resides.

Is Arkansas a community property or equitable distribution state?

Arkansas is an equitable distribution state. Under ACA Section 9-12-315, the court divides marital property in a manner that is fair under the circumstances, which does not necessarily mean equal. The court considers factors including the length of the marriage, each party’s income and employability, homemaker contributions, and the needs of the custodial parent.

What is the no-fault ground for divorce in Arkansas?

The no-fault ground in Arkansas requires the spouses to have lived separate and apart for 18 continuous months without cohabitation — longer than most states. This extended separation requirement leads some filers to pursue fault-based grounds instead, such as personal indignities, adultery, or cruel treatment, which do not require a separation period.

What is the waiting period for an Arkansas divorce?

Arkansas imposes a 30-day waiting period from the date of filing before the court can enter a final decree. Uncontested divorces can be finalized in one to three months. Contested cases typically take six months to two years.

Why do Arkansas divorces go through chancery court?

Arkansas divorces are filed in chancery court — a court of equity — rather than in circuit or family court. This means cases are decided by a judge without a jury, and the court applies equitable principles. The chancery court system gives judges broad discretion in shaping outcomes, which can be advantageous or disadvantageous depending on the facts of the case.

Is “personal indignities” the same as no-fault divorce in Arkansas?

No, personal indignities is technically a fault-based ground. However, it is broadly interpreted to cover conduct that renders the marriage intolerable — including patterns of humiliation, emotional neglect, or other behavior that does not rise to the level of physical danger. Because it does not require the 18-month separation period, many Arkansas filers use it as a practical alternative to the no-fault ground.

How This Guide Was Researched

This guide was developed through a detailed review of Arkansas’s divorce statutes under ACA Sections 9-12-301 et seq., including the grounds for divorce, the equitable distribution framework under ACA Section 9-12-315, and the alimony provisions under ACA Section 9-12-312. We examined Arkansas chancery court procedures, filing requirements, and the practical implications of the 18-month separation requirement for no-fault divorce. Additional sources included the Arkansas Judiciary website, official court forms, and the Arkansas Bar Association’s family law publications on the strategic considerations of fault vs. no-fault filing.

Sources and Legal References

• ACA Section 9-12-301 — Grounds for divorce (18-month separation, adultery, personal indignities, and other grounds)
• ACA Section 9-12-315 — Equitable distribution of marital property
• ACA Section 9-12-312 — Alimony (rehabilitative, permanent, and temporary)
• Arkansas chancery court filing procedures and jurisdictional requirements
• Arkansas appellate case law on personal indignities and the 18-month separation ground

Official Arkansas Resources

• Arkansas Judiciary
• Arkansas Court Forms

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Child custody in Arkansas — The 2021 joint custody presumption and best interests factors
• Child support in Arkansas — Income shares model under Administrative Order No. 10
• No-fault divorce — How no-fault grounds compare across all 50 states
• Contested vs. uncontested divorce — Understanding the differences in process and cost
• How long divorce takes — Timelines by state and case type
• How to file for divorce — Step-by-step filing guide
• Divorce statistics — National and state-level divorce data