Divorce in Arkansas: Laws, Process, and Costs

A couple in Little Rock had been separated for six months when they decided to divorce. They assumed Arkansas offered a straightforward no-fault option like most states. Instead, they discovered that Arkansas’s only no-fault ground requires 18 continuous months of living separate and apart — one of the longest separation periods in the country. Their alternative was to file on fault-based grounds, which meant proving specific misconduct in court. What they expected to be a simple filing turned into a strategic decision about which legal path to take and how much it would cost.

Arkansas’s approach to divorce is more restrictive than most states. The state does not allow a simple “irreconcilable differences” filing. It is also one of only three states that recognizes covenant marriage, which imposes even stricter divorce requirements. Understanding how the system works — the grounds available, the mandatory steps, what courts consider for property and support, and what it actually costs — helps you plan realistically and avoid expensive surprises.

This guide covers Arkansas divorce law as it stands in 2026: grounds for divorce, the filing process, property division, alimony, child custody, costs, and timeline. For a broader overview, see our complete guide to divorce.

Grounds for Divorce in Arkansas

Arkansas requires legal grounds for every divorce. Even when both spouses agree, they must establish one of the grounds recognized under Ark. Code Ann. Section 9-12-301.

No-Fault Ground

Arkansas’s sole no-fault ground is that the spouses have lived separate and apart for 18 continuous months without cohabitation. The parties must have maintained separate residences for the entire period. Any reconciliation that involves living together again restarts the clock.

This 18-month separation period is significantly longer than what most states require. Many states allow no-fault divorce based on irreconcilable differences with no separation period at all. Arkansas’s lengthy requirement reflects the state’s more conservative approach to divorce.

Fault-Based Grounds

Arkansas provides several fault-based grounds that allow divorce without the 18-month wait. Under Ark. Code Ann. Section 9-12-301, the fault-based grounds include:

1. Impotence at the time of the marriage
2. Felony conviction during the marriage
3. Habitual drunkenness for one year — courts require evidence of a pattern of excessive drinking, not occasional use
4. Cruel and barbarous treatment endangering the other spouse’s life — includes physical violence, threats of serious harm, and extreme conduct
5. Adultery during the marriage
6. Indignities — a pattern of behavior rendering the other spouse’s condition intolerable, including persistent verbal abuse, public humiliation, refusal to communicate, or controlling behavior

Indignities deserves special attention. Arkansas courts interpret this ground to cover a broad range of conduct — broader than the “cruel and barbarous treatment” standard, which requires that the conduct endanger the spouse’s life. Because of its flexibility, indignities is one of the most commonly alleged fault grounds in Arkansas.

Important limitation: Under Ark. Code Ann. Section 9-12-306, grounds generally must have occurred within five years of filing. The filing spouse must also provide corroboration — supporting evidence beyond their own testimony — to prove the alleged grounds.

Covenant Marriage

Arkansas is one of only three states (along with Arizona and Louisiana) that recognizes covenant marriage. Under Ark. Code Ann. Sections 9-11-801 through 9-11-811, couples who entered a covenant marriage agreed to premarital counseling and committed to seek counseling before divorce.

Divorce grounds for a covenant marriage are more limited. A spouse in a covenant marriage may seek divorce only for:

• Adultery
• Felony conviction
• Physical or sexual abuse
• Habitual drunkenness
• Cruel and barbarous treatment
• Indignities
• Living separate and apart for at least 2 years (longer than the standard 18 months)
• Living separate and apart for at least 1 year after a judicial separation

If you entered a covenant marriage, your path to divorce is more restrictive. Check your marriage license or consult with an attorney if you are unsure whether your marriage qualifies.

Residency Requirements

Before filing, you must meet Arkansas’s residency requirements under Ark. Code Ann. Section 9-12-307:

1. 60 days before filing. At least one spouse must have been an Arkansas resident for a minimum of 60 days before the divorce complaint is filed.
2. 3 months before the decree. The court cannot enter a final divorce decree until at least one spouse has been an Arkansas resident for a full 3 months (90 days).

This two-step requirement means that even if you meet the 60-day threshold and can file immediately, the court will not grant the divorce until the 3-month residency threshold is also met. In practice, most divorces take longer than 3 months to resolve, so the second requirement rarely causes delay.

File your divorce complaint in the circuit court of the county where you reside or the county where the other spouse resides (if they also live in Arkansas).

How to File for Divorce in Arkansas

Step 1: Prepare Your Documents

Arkansas’s divorce process begins with the Complaint for Divorce. You’ll need:

• Complaint for Divorce — states the grounds, identifies the parties, and requests specific relief (property division, custody, support, alimony)
• Summons — notifies your spouse of the action
• Domestic Relations Cover Sheet — required by many Arkansas circuit courts
• Financial affidavit — both spouses must provide full financial disclosure

If you have minor children, you will also need a parenting plan addressing custody, visitation, and child support.

The Arkansas Judiciary provides court-approved forms for self-represented filers.

Step 2: File and Pay

File with the clerk of the circuit court in the appropriate county and pay the filing fee. Arkansas’s filing fee is $165, which is uniform across all 75 counties under Ark. Code Ann. Section 21-6-403.

If you cannot afford the filing fee, you may file a Petition for Leave to Proceed In Forma Pauperis. If the court grants the fee waiver, you can file court forms without paying the $165 fee, and the sheriff will serve your complaint at no cost.

Step 3: Serve Your Spouse

Your spouse must be formally served with the divorce papers. Arkansas allows service by:

• Sheriff or deputy ($25-$50)
• Private process server ($50-$100)
• Certified mail (accepted in some counties)
• Publication (if the spouse cannot be located — $50-$200+, requires court approval)

After being served, the defendant has 30 days to file a written answer or response. If the defendant fails to respond, you may seek a default judgment.

Step 4: Discovery and Negotiation

In contested cases, both sides exchange financial documents — tax returns, bank statements, pay stubs, retirement account statements, property appraisals — through formal discovery. Negotiations happen directly between the parties, through attorneys, or in mediation.

Temporary orders — Either party can request temporary orders from the court for custody, child support, spousal support, or exclusive use of the family home while the divorce is pending.

Step 5: Complete Required Steps

Parenting education — If you have minor children, both parents must attend a court-approved parenting education class. The class covers the impact of divorce on children and co-parenting communication. Cost is typically $25 to $50 per parent.

Mediation — Arkansas courts may order mediation in contested cases. Mediation costs typically range from $100 to $300 per hour, split between the parties.

Step 6: Wait Out the Mandatory Period

Arkansas imposes a 30-day waiting period from the date of filing before the court can enter a final decree. This applies to all divorces, whether contested or uncontested.

Additionally, the 3-month residency requirement must be satisfied before the decree is entered.

Step 7: Finalize

If the parties agree on all terms, they submit a settlement agreement to the court. If they cannot agree, the case goes to trial. In most Arkansas divorces — including uncontested ones — at least one spouse must appear at a brief final hearing where the judge reviews the agreement and enters the final decree of divorce.

Waiting Periods and Timeline

The 30-day waiting period is the minimum. Here’s what different types of Arkansas divorces actually look like in practice:

An uncontested divorce where both spouses have reached agreement before filing can be finalized shortly after the 30-day waiting period expires (assuming the 3-month residency requirement is met). Contested divorces take much longer due to discovery, mediation, negotiations, and court scheduling delays.

Property Division: Equal with Exceptions

Arkansas follows a presumption of equal division. Under Ark. Code Ann. Section 9-12-315, the default rule is that all marital property is divided equally — one-half to each party — unless the court finds that equal division would be inequitable.

This makes Arkansas somewhat unique. Most “equitable distribution” states start with the premise that property should be divided fairly, not necessarily equally. Arkansas starts with equal division and only deviates if circumstances justify it.

If the court determines that equal division is unfair, it considers factors including:

• The length of the marriage
• The age, health, and earning capacity of each spouse
• Each spouse’s contribution to the acquisition of marital property (including homemaking and child-rearing contributions)
• The need of the custodial parent to remain in the family home
• Any dissipation or destruction of marital assets
• Federal tax consequences
• Whether either party’s property has increased due to the other’s efforts

Separate property — assets owned before the marriage, inheritances, and gifts — is not divided and remains with the owning spouse, unless it has been commingled with marital property. The burden of proving that property is separate falls on the spouse claiming it.

For more on property division approaches, see our guide on community property vs. equitable distribution.

Alimony (Spousal Support) in Arkansas

Arkansas courts may award alimony under Ark. Code Ann. Section 9-12-312. The statute directs courts to make alimony orders that are “reasonable from the circumstances of the parties and the nature of the case.” Arkansas recognizes three types of alimony:

Temporary alimony — support paid while the divorce is pending. This maintains the status quo until the court can make a final determination.

Rehabilitative alimony — the most common type in Arkansas. It provides financial support for a defined period while the recipient gets the education, training, or experience needed to become self-supporting. Courts favor this type because it promotes eventual financial independence.

Permanent alimony — long-term or indefinite support. Increasingly rare in Arkansas and reserved for long marriages or situations where the recipient cannot realistically become self-supporting due to age, health, or other limitations.

Factors Courts Consider

Unlike many states, Arkansas law does not list specific statutory factors for alimony. However, Arkansas courts have consistently considered:

• Both spouses’ financial circumstances, including current and anticipated income, assets, and resources
• How much of each spouse’s income is available for spending
• The marital standard of living
• The value of jointly owned property and what happens to it in the divorce
• The property each spouse received in the division
• The length of the marriage
• The age and health of each spouse
• Each spouse’s earning capacity and employment history
• The need of the recipient spouse and the ability of the paying spouse to pay

Termination of Alimony

Under Ark. Code Ann. Section 9-12-312, alimony automatically terminates upon the earliest of:

• Remarriage of the recipient
• The recipient establishing a cohabitating relationship that is the equivalent of remarriage (as defined by statute)
• Death of either party

Either spouse may also petition the court to modify alimony based on a material change in circumstances.

Child Custody

Arkansas courts determine custody based on the best interests of the child under Ark. Code Ann. Section 9-13-101. There is a rebuttable presumption that joint custody is in the best interest of the child, which means the court starts with the assumption that both parents should share custody unless evidence suggests otherwise.

The court considers multiple factors, including:

• The child’s relationship with each parent, siblings, and other significant individuals
• Each parent’s ability to provide a stable and nurturing environment
• The child’s preferences (if the child is of sufficient age and mental capacity to reason)
• Each parent’s willingness to cooperate and facilitate the other parent’s relationship with the child
• Each parent’s financial stability and ability to meet the child’s needs
• Whether either parent has committed domestic violence or sexual abuse
• Any history of substance abuse
• The desire to keep siblings together

Arkansas courts do not automatically favor one parent over the other based on gender. The focus is entirely on what arrangement serves the child’s best interests.

For more on custody factors, see our guide on child custody in Arkansas.

Child Support

Arkansas calculates child support using the Income Shares model. Both parents’ gross incomes are combined to determine a basic child support obligation from the state’s Monthly Family Support Chart. Each parent’s share is proportional to their percentage of the combined income.

Additional costs factored in include:

• Health insurance premiums for the child
• Extraordinary medical expenses
• Childcare expenses

The Arkansas Family Support Chart provides presumptive amounts for combined parental income up to $30,000 per month and for one to six children. The guidelines establish a minimum support amount of $125 per month for low-income families.

The Arkansas Judiciary provides an official child support calculator. For an estimate, try our child support calculator.

How Much Does Divorce Cost in Arkansas?

Arkansas divorce costs vary significantly depending on whether the case is contested or uncontested:

Court filing fee is $165, uniform across all 75 Arkansas counties.

Attorney fees in Arkansas average $200 to $300 per hour, with rates ranging from $150 to $400 depending on experience and location. Little Rock, Fayetteville, and Fort Smith attorneys tend to charge at the higher end. Rural counties often fall in the $150 to $250 range. Initial retainers typically run $2,500 to $5,000.

Additional costs to plan for:

• Parenting education class: $25 - $50 per parent
• Mediation: $100 - $300 per hour (split between parties), with most mediations taking 2 to 8 hours
• Service of process: $25 - $100
• Certified copies: $5 - $10 each
• Guardian ad litem (if appointed for child custody disputes): $2,000 - $5,000+
• Property appraisals: $300 - $500 per appraisal

The average total cost of divorce in Arkansas is approximately $8,000 to $11,000 including court costs and legal fees. But couples who reach a complete agreement before hiring attorneys save 60% to 80% compared to contested cases.

For a personalized estimate, try our divorce cost estimator.

What to Do Next

If you’re considering divorce in Arkansas, take these steps:

1. Determine your grounds. If you and your spouse have been separated for 18 months, you can file on the no-fault ground. Otherwise, consult an attorney about fault-based options — particularly “indignities,” which is the most broadly applicable ground.
2. Confirm your residency. Make sure you have lived in Arkansas for at least 60 days before filing. If you recently moved to the state, you may need to wait.
3. Gather your financial records. You’ll need tax returns, bank statements, pay stubs, property deeds, mortgage statements, retirement account statements, and credit card statements.
4. Understand covenant marriage implications. If you entered a covenant marriage, your grounds for divorce are more limited and you must attend marital counseling before filing.
5. Consider your children’s needs. If you have minor children, start thinking about a realistic parenting plan and budget for the mandatory parenting education class.
6. Talk to an attorney. Arkansas divorce law has unique requirements — including the 18-month separation period, the corroboration requirement for fault grounds, and the covenant marriage framework — that make professional guidance particularly valuable.

For more information, see our guides on contested vs. uncontested divorce, how much divorce costs, and how to file for divorce.

To discuss your situation with a qualified family law attorney, schedule a free consultation.

Frequently Asked Questions

Can I get a no-fault divorce in Arkansas without waiting 18 months?

No. Arkansas’s only no-fault ground requires 18 continuous months of living separate and apart. If you don’t want to wait, you must file on one of the fault-based grounds — such as adultery, cruel and barbarous treatment, or indignities — and provide corroborating evidence. Many Arkansas attorneys use the “indignities” ground as the most practical alternative because it covers a broad range of marital misconduct.

How long does a divorce take in Arkansas?

The minimum is 30 days from the filing date, plus the 3-month residency requirement must be satisfied. An uncontested divorce can typically be finalized in 1 to 3 months after filing. Contested divorces take 6 to 18 months. Complex or high-conflict cases with custody disputes or significant assets can stretch to two years or more.

How much does an uncontested divorce cost in Arkansas?

An uncontested divorce in Arkansas typically costs $1,500 to $3,500 with attorney assistance, or $200 to $500 if you handle the paperwork yourself. The main costs are the $165 filing fee and attorney fees if you hire one. Many Arkansas attorneys offer flat-fee packages for uncontested divorces.

Does Arkansas require mediation in divorce?

Arkansas does not universally require mediation, but courts can and do order it in contested cases, particularly those involving child custody disputes. When ordered, mediation costs are typically split between the parties.

How is property divided in an Arkansas divorce?

Arkansas presumes equal (50/50) division of marital property. The court will deviate from equal division only if one spouse shows that a 50/50 split would be inequitable. Factors include the length of the marriage, each spouse’s earning capacity, contributions to acquiring marital property, and any dissipation of assets. Separate property — assets owned before marriage, inheritances, and gifts — stays with the owning spouse unless it was commingled.

Does fault affect alimony in Arkansas?

Arkansas courts do not have a specific statutory list of alimony factors, but judges consider the circumstances of the parties, including the reasons for the divorce. While fault is not the primary driver, the conduct that led to the divorce can influence alimony decisions. The court’s primary focus is on the recipient’s need and the paying spouse’s ability to pay.

What is a covenant marriage and how does it affect divorce?

A covenant marriage is a special type of marriage recognized in Arkansas (and only two other states) that involves premarital counseling and a commitment to seek counseling before divorce. Divorce in a covenant marriage requires proving specific fault grounds or meeting a 2-year separation period — longer than the standard 18 months. Check your marriage license if you are unsure whether you have a covenant marriage.

How This Guide Was Researched

This guide was created by reviewing publicly available legal information from official state statutes, judiciary websites, court resources, and family law publications. The goal is to explain family law topics in plain English so readers can better understand the process before speaking with an attorney.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• Ark. Code Ann. Section 9-12-301 — Grounds for Divorce
• Ark. Code Ann. Section 9-12-307 — Residency Requirements
• Ark. Code Ann. Section 9-12-312 — Alimony and Child Support
• Ark. Code Ann. Section 9-12-315 — Property Division
• Ark. Code Ann. Section 9-13-101 — Child Custody
• Ark. Code Ann. Sections 9-11-801 through 9-11-811 — Covenant Marriage

Official Arkansas Resources

• Arkansas Judiciary
• Arkansas Court Forms
• Arkansas Child Support Calculator
• Arkansas Legal Aid — Divorce Resources

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

Related Guides

Learn more about related family law topics:

• The Complete Guide to Divorce
• Arkansas Divorce Grounds and Residency
• Child Support in Arkansas
• How Much Does Divorce Cost?
• Contested vs. Uncontested Divorce
• Divorce Cost Estimator
• Child Support Calculator
• Divorce Laws by State

Last updated: May 2026. This guide summarizes general legal information based on publicly available sources and is provided for educational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in your state.