Arkansas Divorce: Grounds and Residency Requirements

Filing for divorce in Arkansas requires meeting specific residency requirements, choosing appropriate grounds, and following the state’s procedural rules. Arkansas offers both fault-based and no-fault grounds for divorce, and it is one of only three states in the country that recognizes covenant marriage — a special type of marriage with stricter divorce requirements.

This article covers everything you need to know about starting a divorce in Arkansas, from residency and grounds to filing fees and the overall process.

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

Arkansas Residency Requirements

Before you can file for divorce in Arkansas, you must meet the state’s residency requirements. Under Arkansas Code 9-12-307, there are two separate residency requirements to keep in mind:

1. 60 days before filing. At least one spouse must have been a resident of Arkansas 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 a resident of Arkansas for a full 3 months (90 days).

This two-step requirement means that even if you have lived in Arkansas for 60 days and can file immediately, the court will not grant the divorce until the 3-month residency threshold is met. In practice, most divorces take longer than 3 months to resolve, so the second requirement rarely causes delay — but it is important to understand.

You 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).

No-Fault Grounds: 18 Months Separate and Apart

Arkansas’s no-fault ground for divorce is that the spouses have lived separate and apart for 18 continuous months without cohabitation. Under Arkansas Code 9-12-301(b)(5), the parties must have maintained separate residences for the entire 18-month period. Any reconciliation that involves the spouses living together again restarts the clock.

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

The 18-month separation ground does not require proof of fault or wrongdoing by either spouse. The only requirement is the physical separation for the full period.

Fault-Based Grounds for Divorce

Arkansas also provides several fault-based grounds for divorce under Arkansas Code 9-12-301. Filing on fault grounds can allow you to obtain a divorce without waiting the 18-month separation period. The fault-based grounds include:

1. Impotence

If a spouse was impotent at the time of the marriage and the condition continues, this constitutes a ground for divorce.

2. Felony Conviction

A spouse’s conviction of a felony or other infamous crime during the marriage is a ground for divorce.

3. Habitual Drunkenness for One Year

If a spouse has been habitually drunk for one year, this constitutes a ground for divorce. Courts require evidence of a pattern of excessive drinking, not simply occasional use.

4. Cruel and Barbarous Treatment

Cruel and barbarous treatment that endangers the other spouse’s life is a ground for divorce. This includes physical violence, threats of serious harm, and extreme conduct endangering the spouse’s safety. Courts evaluate this on a case-by-case basis, and a documented pattern of abuse, police reports, or protective orders provide strong evidence.

5. Adultery

Adultery is a ground for divorce. The filing spouse must prove the affair occurred during the marriage. Adultery can affect alimony — courts may consider fault when determining whether to award alimony and in what amount.

6. Indignities

Indignities covers a pattern of behavior that renders the other spouse’s condition in life intolerable — persistent verbal abuse, public humiliation, refusal to communicate, or controlling behavior. This is one of the most commonly used fault grounds because it covers a broader range of conduct than cruel treatment and does not require that the conduct endanger the spouse’s life.

7. Living Separate and Apart for 18 Months

This is the same as the no-fault ground discussed above — 18 continuous months of living separate and apart without cohabitation.

Covenant Marriage in Arkansas

Arkansas is one of only three states (along with Arizona and Louisiana) that recognizes covenant marriage. A covenant marriage is a legally distinct type of marriage that the couple voluntarily enters into with the understanding that divorce will be more restricted.

Under Arkansas Code 9-11-801 through 9-11-811, couples entering a covenant marriage must receive premarital counseling, sign a declaration of intent, and agree to seek marital counseling before filing for divorce.

Grounds for divorce in a covenant marriage are more limited. Under Arkansas Code 9-11-808, 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), or living separate and apart for at least 1 year after a judicial separation.

If you entered a covenant marriage in Arkansas, your path to divorce is more restrictive. Consult with an attorney to understand your specific options.

Filing Fees and Costs

The filing fee for a divorce in Arkansas is approximately $165, though the exact amount varies by county. Additional costs may include:

• Service of process fees — approximately $25 to $75 for personal service by a sheriff or process server
• Attorney’s fees — ranging from $1,500 to $5,000 for an uncontested divorce, and significantly more for contested cases
• Mediation fees — if the court orders mediation, costs typically range from $100 to $300 per hour, split between the parties
• Parenting class fees — Arkansas requires divorcing parents to attend a parenting education class, which typically costs $25 to $50

If you cannot afford the filing fee, you may file a petition for in forma pauperis status, which allows the court to waive the filing fee based on your financial circumstances.

The Divorce Process in Arkansas

Here is an overview of the steps involved in an Arkansas divorce:

1. File the Complaint. One spouse files a Complaint for Divorce with the circuit court, stating the grounds and the relief sought — property division, custody, child support, and alimony.
2. Serve the Other Spouse. The complaint must be formally served on the other spouse through a sheriff, process server, or certified mail. The defendant has 30 days to respond.
3. Discovery and Negotiation. Both parties exchange financial information through discovery. Many couples negotiate a settlement during this phase, either directly or through mediation.
4. Temporary Orders. Either party can request temporary orders for custody, support, or property use while the divorce is pending.
5. Trial or Settlement. If the spouses agree on all issues, they submit a settlement agreement. If not, the case proceeds to trial.
6. Waiting Period. No final decree may be entered until at least 30 days after the complaint is filed.
7. Final Decree. The court enters a final decree resolving all issues. The decree cannot be entered until at least one spouse has been an Arkansas resident for 3 months.

Property Division in Arkansas

Arkansas is an equitable distribution state, not a community property state. Under Arkansas Code 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. If the court determines equal division is unfair, it may order a different split based on statutory factors.

The court 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 contributions)
• The need of the custodial parent to remain in the family home
• Any dissipation or destruction of marital assets

Separate property — assets owned before the marriage, inheritances, and gifts — is not divided and remains with the spouse who owns it, unless it has been commingled with marital property.

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

What to Do Next

If you are considering a divorce in Arkansas, take these steps to prepare:

1. 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.
2. Determine your grounds. Decide whether to file on no-fault grounds (18 months separate and apart) or fault-based grounds. If you have evidence of fault, filing on fault grounds can expedite the process.
3. Gather financial documents. Collect tax returns, pay stubs, bank statements, mortgage information, retirement account statements, and records of all debts. This information is essential for property division and support calculations.
4. Understand covenant marriage implications. If you entered a covenant marriage, your grounds for divorce are more limited and you are required to attend marital counseling before filing.
5. Consult with an attorney. Arkansas divorce law has unique requirements — including the 18-month separation period for no-fault divorce and the covenant marriage framework — that make professional guidance particularly valuable. Schedule a free consultation to discuss your situation with an Arkansas family law attorney.

Frequently Asked Questions

How long does a divorce take in Arkansas?

The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce — where both spouses agree on all issues — can be finalized in as little as 30 to 60 days after filing (assuming the 3-month residency requirement is met). A contested divorce can take 6 to 18 months or longer, depending on the complexity of the issues and court scheduling.

Can I get a divorce in Arkansas without waiting 18 months?

Yes. The 18-month separation period applies only to the no-fault ground. If you file on one of the fault-based grounds — such as adultery, cruel and barbarous treatment, or indignities — there is no separation waiting period. You must, however, be able to prove the alleged fault.

Do I need to go to court for an uncontested divorce?

In most cases, yes. Even in an uncontested divorce, Arkansas courts typically require at least one spouse to appear at a brief final hearing where the judge reviews the settlement agreement and enters the decree. Some counties may have streamlined procedures, but a court appearance is generally expected.

Does Arkansas require a separation period before filing?

Arkansas does not require a separation period before filing for divorce on fault grounds. However, if you are filing on the no-fault ground, you must have been living separate and apart for 18 continuous months before the court will grant the divorce. The 60-day residency requirement applies to all divorces regardless of grounds.

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 is more restricted — you must prove specific fault grounds or meet a longer 2-year separation period. If you are unsure whether you have a covenant marriage, check your marriage license or consult with an attorney.