Arkansas Divorce Filing Checklist 2025

Filing for divorce in Arkansas requires navigating a unique two-stage residency requirement: 60 days before filing and 3 full months before your decree can be granted. Arkansas imposes a 30-day mandatory waiting period after filing, and its $165 uniform filing fee applies statewide across all 75 counties. The state's only no-fault divorce option requires 18 months of continuous separation—a longer period than most states. Arkansas also offers the eFlex e-filing system for convenient online document submission, and since 2021, a joint custody presumption applies to all cases. Understanding Ark. Code Ann. § 9-12-307, corroboration requirements, and the general indignities ground will help you prepare effectively. For a comprehensive overview, review our guide to understanding the divorce process. This Arkansas divorce filing checklist covers every essential step for 2025.

Two-Stage Residency Requirement

Arkansas has one of the most distinctive residency requirements in the nation. Under Ark. Code Ann. § 9-12-307, either the plaintiff or defendant must have resided in Arkansas for 60 days before filing the divorce complaint. However, that's only the first stage—the court cannot grant a final decree until the filer has resided in Arkansas for 3 full months (approximately 90 days).

Arkansas defines "residence" as actual presence in the state, not merely intent to live there. You must prove this residency through a Resident Witness Affidavit—a sworn statement from someone who can corroborate that you've physically lived in Arkansas for the required time. This corroboration requirement distinguishes Arkansas from states that rely solely on self-certification.

File your complaint in the Arkansas Circuit Court (Domestic Relations Division if available) for the county where either spouse resides.

Mandatory 30-Day Waiting Period

Arkansas law imposes a 30-day mandatory waiting period from the date you file your complaint to the date the court can grant your divorce decree. This cooling-off period is designed to give spouses time to consider reconciliation or reach settlement agreements.

Unlike some states that allow judges to waive waiting periods in specific circumstances, Arkansas's 30-day requirement cannot be waived. Even if both spouses agree on all terms, you must wait at least 30 days before finalizing the divorce.

Grounds for Divorce

Arkansas recognizes both no-fault and fault-based grounds for divorce.

No-Fault Option: 18-Month Separation

Arkansas has only one no-fault ground: living separate and apart without cohabitation for 18 continuous months. This is significantly longer than the 6- to 12-month separation periods common in other states. You must prove this separation with corroborating evidence—simply stating you've been separated is not sufficient. Even a brief reconciliation or resumption of sexual relations can reset the 18-month clock.

Fault-Based Grounds

The most commonly cited fault ground in Arkansas is "general indignities"—a broad category covering behavior that makes living together unbearable. Other fault grounds include:

• Adultery
• Cruel and barbarous treatment
• Habitual drunkenness for 1 year
• Impotence at time of marriage
• Conviction of a felony or other infamous crime
• Willful desertion for 1 year
• Incurable insanity for 2+ years

All grounds must have occurred within five years before filing. If the cause happened outside Arkansas, it must still be a valid ground under Arkansas law.

Filing Options: Uncontested vs. Contested

Arkansas offers two main filing tracks:

Uncontested Divorce

If both spouses agree on all issues (property division, custody, support), you can file an uncontested divorce. Arkansas Legal Aid offers an interactive questionnaire that generates the documents you need if you have no minor children and limited property. This streamlined process is faster and less expensive than contested cases.

Contested Divorce

If you cannot agree on major issues, you must file a traditional Complaint for Divorce and serve your spouse. They have 30 days to respond. Contested cases may involve discovery, mediation, temporary orders, and potentially a trial before a judge.

Required Documents and Forms

Your Arkansas divorce filing checklist includes:

• Complaint for Divorce
• Domestic Relations Cover Sheet
• Confidential Information Sheet (if minor children)
• Child Support Worksheet (Arkansas uses the Income Shares Model per Administrative Order No. 10)
• Financial Affidavit
• Resident Witness Affidavit (corroboration of residency)
• Settlement Agreement (if uncontested)
• Proposed Decree of Divorce

Access official forms at the Arkansas Judiciary Court Forms page or use the interactive tools at Arkansas Law Help.

eFlex E-Filing System

Arkansas mandates electronic filing in most Circuit Courts through Administrative Order No. 21. The eFlex system allows registered users to file civil, domestic relations, and probate cases online.

To use eFlex, you must register by submitting an Electronic Filing User Agreement and paying a registration fee. The system handles initial filings and subsequent documents, saving you trips to the courthouse. If eFlex is unavailable in your county or you prefer in-person filing, you can file documents at the Circuit Clerk's office.

Filing Fees and Costs

Arkansas has a $165 uniform filing fee statewide, set by Ark. Code Ann. § 21-6-403. This consistency across all 75 counties simplifies planning—no need to check county-specific fee schedules.

Additional costs may include:

• Service of process: $75-150 (sheriff, process server, or certified mail)
• Parent education program: $30-60 (if minor children)
• Mediation fees: Varies by county (if custody or support is contested)
• Attorney fees: Optional but recommended for complex cases

Child Custody Considerations

Since 2021, Arkansas law presumes joint custody is in the best interest of the child under Act 604 (codified at Ark. Code Ann. § 9-13-101). The court starts with this presumption and adjusts based on specific factors if joint custody isn't appropriate.

Your children must have lived in Arkansas for at least 6 months before the court can decide custody and visitation. Arkansas uses the Income Shares Model for child support calculations, detailed in Administrative Order No. 10. If you have minor children, you must complete a mandatory parent education program ($30-60).

Financial Planning for Your Arkansas Divorce

Understanding your complete costs helps you budget appropriately. Beyond the $165 filing fee, expect potential costs for service, parent education, mediation (if contested), and attorney fees (if you choose representation). Our guide on saving money during divorce offers strategies for reducing expenses. Use our divorce cost calculator below to estimate Arkansas-specific expenses:

Conclusion

This Arkansas divorce filing checklist provides your roadmap for 2025. Arkansas's two-stage residency requirement (60 days before filing, 3 months before decree), 30-day mandatory waiting period, and $165 uniform filing fee create a clear structure for your case. The eFlex e-filing system simplifies document submission, while the 18-month separation requirement for no-fault divorce makes fault-based grounds (especially general indignities) attractive alternatives for faster resolution.

Use the divorce cost calculator above to plan financially, access official forms at the Arkansas Judiciary website, and consider the 2021 joint custody presumption when negotiating parenting plans. For complex cases involving significant assets, contested custody, or business interests, consult an Arkansas family law attorney for personalized guidance.

To navigate these steps more confidently, consider using an online divorce planning tool for guidance tailored to Arkansas requirements.