CFP®, CDFA® | Divorce Financial Planner and Mediator
Getting a divorce can be a stressful, emotional, overwhelming time. Ending a marriage is potentially traumatic for all concerned, and even more so when children are involved or when attorneys engage in a hostile battle for property or custody.
On top of the relational stress you may experience, you also need to navigate a complex legal system, sort through confusing paperwork and information, and ensure that you receive a fair outcome during your division of assets. And because Arkansas follows unique divorce procedures, you’ll need to learn the state’s specific requirements and laws before proceeding.
We know that divorces can be challenging, so we’ve put together this ultimate information guide to help you through the process. If you’re wondering how to get a divorce in Arkansas, read on to learn more about the requirements, procedures, paperwork, and costs involved in this process.
Table of Contents
Arkansas Divorce Requirements You Need To Know
Arkansas divorce law lays out two requirements for getting a divorce in the state: residency and proof of reasonable grounds.
Resident Requirements
Each state has its own residency requirements for divorce.
To file in Arkansas, you or your spouse must be a resident of Arkansas for at least 60 days. If neither you nor your spouse has been a resident of Arkansas for 60 days, you will need to file in your previous state of residence.
Grounds for Divorce
Arkansas is one of the few states that requires fault-based grounds for divorce in most cases. Some states allow couples to cite “irreconcilable differences” as their no-fault divorce grounds, but in Arkansas, spouses must provide proof that one party is to blame for the end of their marriage.
Fault grounds for divorce in Arkansas include:
- Adultery
- Impotence
- Felony conviction
- Habitual drunkenness for one year or longer
- Cruel and inhumane treatment
- Humiliation
- Lack of support
- Living apart for three years due to one spouse’s incurable insanity and commitment to a mental facility
- General indignities
General indignities are the most common grounds for an uncontested divorce in Arkansas. This term means that your spouse made your life so intolerable that you cannot proceed in the marriage.
You should note that Arkansas is one of the few states that allow “covenant marriages” along with traditional marriages. In a covenant marriage, couples must receive counseling before the marriage and accept more limited grounds for a divorce, should they decide to seek one down the road.
Separation Period
Arkansas law offers one exception for couples that do not meet these fault grounds. The only way to divorce your spouse without showing proof of fault is to prove that you and your spouse have lived apart from each other for eighteen months before the case.
For this separation period to qualify as grounds for a no-fault divorce, you and your spouse must not have spent a single night together during the entire eighteen-month period.
How To File for Divorce in Arkansas
Filing for divorce in Arkansas involves several steps that take place over at least 30 days. After ensuring that you meet the requirements above, you should plan to follow this process to complete your divorce:
- Step 1: File your divorce papers: You will begin the divorce process by filing your specific paperwork with the circuit court in your county of residence. This paperwork includes your Complaint for Divorce and any other necessary forms.
- Step 2: Serve your Complaint: The next step is to give your spouse a copy of your Complaint for Divorce, otherwise known as “serving” your complaint. You can provide the papers in person, have the county sheriff deliver them, or send them by mail.
- Step 3: Wait for your spouse to answer: Your spouse will need to respond to your complaint by agreeing or disagreeing with the information in your paperwork. If your spouse disagrees with anything in your papers, the court considers your case a “contested divorce,” and a judge will need to help you sort out the facts. If your spouse agrees with everything, you will proceed with an “uncontested divorce,” which typically results in a smoother process.
- Step 4: Complete a divorce hearing: After you serve your paperwork to your spouse, the court will schedule a hearing for your contested or uncontested divorce. This hearing will take place at least 30 days after you file your complaint. Depending on the complexity of your case, your hearing may take place over several appointments. An uncontested divorce case typically requires only one meeting.
- Step 5: Receive a decree: Once both parties agree on all matters and meet all requirements, the judge will sign your divorce decree, which is a court order finalizing your divorce.
Paperwork and Forms Needed To Get a Divorce in Arkansas
To begin your divorce process, you will need to file several divorce papers with your county’s circuit court. These forms vary depending on your specific situation—if you have children, for example, you will need to file additional paperwork that includes their information.
However, the following forms are necessary for every case:
- Complaint for Divorce: This form tells the court that you wish to divorce your spouse. If you want anything else out of the case, such as child custody, you will need to disclose it on this form as well.
- Summons: This sheet informs your spouse of the legal action you have filed against them, along with the amount of time they have to answer the complaint.
- Domestic Relations Cover Sheet: This form includes all of your and your spouse’s personal information.
You can acquire all necessary Arkansas divorce forms from your county clerk’s office. If you and your spouse choose to have attorneys working on your behalf, they can complete the paperwork on your behalf in consultation with you.
Marital Property Division and Additional Spouse Support
One of the most overwhelming aspects of a divorce is determining how you and your spouse will divide finances, child custody, property, and other assets. Let’s break down how the court decides these essential matters.
Property Settlement Agreement
Arkansas follows an “equitable distribution” method of dividing property between both parties. If you and your spouse cannot agree on your property division, a judge will divide your property evenly between the two of you through a settlement agreement.
If you wish to determine your property division privately, you and your spouse can fill out a Marital Separation Agreement instead, bypassing the need for judicial intervention.
Arkansas Child Support
If you and your spouse have children together, you may need to include child support information in your case.
According to the state’s divorce laws, a noncustodial parent will need to pay a percentage of their net income toward child support. The court will calculate this percentage based on your and your spouse’s income, which you will disclose in an Affidavit of Financial Means.
You can privately work out child support agreements with your spouse, but if you bring this decision to the court, the noncustodial parent’s support must at least meet the required minimum percentage.
Spousal Support
The court may also consider requiring one party to pay spousal support, or alimony, to the other party. The court’s decision to require spousal support depends on a couple’s combined assets, whether the one spouse can afford support, and whether the receiving spouse needs the financial assistance.
How Long Does a Divorce Take in Arkansas?
Arkansas law requires a 30-day waiting period between when you file your paperwork and when the court finalizes your divorce. However, many divorces take longer than 30 days to complete, especially if a couple cannot agree on asset division, child support, or other essential matters.
How Much Does It Cost To File for a Divorce in Arkansas?
The overarching costs of your divorce depend on several factors, such as the paperwork you need to file, your spouse’s cooperation with your demands, and whether you decide to seek legal services from attorneys. In most counties across the state, the fee for filing a complaint is $165, but you can incur additional costs throughout the process.
Hiring a divorce attorney from a family law firm will raise your costs significantly. However, many people find this added cost worth the legal advice and assistance they receive from their attorneys. Divorce attorneys can help you sort out marital assets, explain the legal process, assist with child custody plans, and represent you in court, if necessary.