Arkansas Divorce Timeline: 2025 Complete Guide

Arkansas Has the Longest No-Fault Divorce Requirement in America

If you're asking "how long does divorce take in Arkansas?"—the answer depends heavily on which path you choose. Arkansas stands apart from all other states with its 18-month separation requirement for no-fault divorce, the longest mandatory separation period in the United States. However, fault-based divorce options allow you to avoid this lengthy wait entirely. To ensure you're prepared with all the required documents, review our comprehensive Arkansas divorce filing checklist.

Understanding Arkansas divorce timelines means navigating dual residency requirements, a 30-day waiting period, mandatory corroboration rules, and choosing between no-fault separation (18+ months) or fault grounds (as soon as 45-90 days for uncontested cases). This comprehensive 2025 guide breaks down every timeline from petition to decree, covering Circuit Court procedures, eFlex e-filing, and strategies to minimize delays.

Whether you're filing in Pulaski County (Little Rock), Benton County (Bentonville), or any of Arkansas's 75 counties, these timelines apply statewide under Arkansas Code Annotated Title 9.

Arkansas's Unique Residency and Waiting Period Requirements

Before filing for divorce in Arkansas, you must satisfy residency requirements that operate on two separate timelines under Ark. Code Ann. § 9-12-307:

To file: At least one spouse must have lived in Arkansas for 60 continuous days immediately before filing the divorce complaint.

Before final decree: That same spouse must have resided in Arkansas for 3 full months before the court can enter a final divorce decree. This means you must live in Arkansas for approximately 90 days total before your divorce can be finalized.

Additionally, Arkansas law mandates a 30-day waiting period from the date you file until the court may grant the divorce decree, regardless of how quickly you and your spouse reach agreement. This waiting period cannot be waived except in extremely rare circumstances defined by statute.

In practice, these requirements mean the absolute minimum timeline for any Arkansas divorce is approximately 90 days (3 months residency), with the 30-day post-filing wait included within that period.

The 18-Month Separation Requirement: Longest in the US

Arkansas's only no-fault divorce option requires spouses to have lived separate and apart for 18 continuous months without cohabitation before filing under Ark. Code Ann. § 9-12-301(b)(5). This is the longest mandatory separation period of any U.S. state.

Key requirements for the 18-month separation ground:

• Continuous separation: The 18 months must be uninterrupted. If spouses reconcile or live together even briefly during this period, the clock resets to day one.
• Without cohabitation: This typically means no sexual relations during the separation period. Courts interpret "living separate and apart" strictly.
• Corroboration required: Under § 9-12-306, you must provide third-party corroboration (witness testimony or verified affidavit from someone other than the spouses) proving the separation and its continuity, even in uncontested cases.
• Residence corroboration: Similarly, your Arkansas residency must also be corroborated by a third party.

The corroboration requirement distinguishes Arkansas from most states—you cannot simply agree with your spouse that you've been separated 18 months. Someone else must verify it under oath or affidavit.

Uncontested Divorce Timeline: 45-90 Days

An uncontested divorce occurs when both spouses agree on all issues: property division, debt allocation, child custody (if applicable), child support, and alimony. In Arkansas, uncontested divorces using fault grounds can be finalized in 45-90 days from filing.

Typical uncontested divorce timeline:

• Day 1: File complaint for divorce with Arkansas Circuit Court (Domestic Relations Division) via eFlex e-filing system
• Day 2-7: Serve spouse via personal service, certified mail, or acceptance/acknowledgment form
• Day 8-38: Spouse has 30 days to respond; in uncontested cases, spouse may waive response or file agreement
• Day 30-60: Submit settlement agreement, Affidavit of Financial Means (if support at issue), corroboration affidavits for residency (and separation if using 18-month ground), proposed decree
• Day 31 (earliest): After 30-day waiting period expires and 3-month residency satisfied, court may enter decree (some counties require brief prove-up hearing; others accept affidavits)
• Day 45-90 (typical): Final decree entered and divorce finalized

Key factors affecting uncontested timelines:

• Grounds selected: Fault grounds like "general indignities" allow immediate filing; 18-month separation requires waiting 18+ months before filing
• County procedures: Some counties process uncontested cases more quickly; rural counties often faster than Pulaski County (Little Rock)
• Completeness of paperwork: Missing corroboration affidavits or incomplete Affidavit of Financial Means add 2-4 weeks
• Children involved: Cases with minor children require parenting plans and child support worksheets per Administrative Order No. 10

Contested Divorce Timeline: 6-18+ Months

Contested divorces—where spouses disagree on grounds, property division, custody, support, or other issues—take significantly longer in Arkansas, typically 6-18 months from filing to final judgment. Complex high-asset cases or contentious custody battles can extend beyond 2 years.

Typical contested divorce timeline:

• Month 1: File complaint; serve spouse; spouse files answer/counterclaim within 30 days
• Month 1-2: Request temporary orders (custody, support, exclusive use of residence); temporary hearing held
• Month 2-4: Discovery phase—exchange Affidavits of Financial Means, interrogatories, document requests, depositions
• Month 4-6: Mediation (courts often order it under Ark. Code Ann. § 16-7-202, though not automatically mandatory statewide)
• Month 6-12: Trial preparation if mediation fails; expert witnesses (custody evaluators, appraisers, forensic accountants)
• Month 9-18: Trial (1-5 days depending on complexity); post-trial motions; final decree entry

Factors extending contested timelines:

• Custody evaluations: Court-appointed evaluators take 2-4 months to complete assessments
• Business valuations: Valuing closely-held businesses, professional practices, or complex investments adds 3-6 months
• Discovery disputes: Motions to compel, protective orders, and compliance issues add 2-3 months
• Court availability: Trial dates in busy counties like Pulaski can be scheduled 6-12 months out
• Joint custody presumption: Since Act 604 (2021), Arkansas presumes joint custody is in the child's best interest; rebutting this requires clear and convincing evidence, often extending custody litigation

Fault-Based Divorce: Avoid the 18-Month Wait

Arkansas allows fault-based divorce grounds under § 9-12-301, which do not require 18-month separation. Common fault grounds include:

• General indignities: Conduct rendering the other spouse's condition intolerable (most common fault ground)
• Adultery: Extramarital affair after marriage
• Cruel and barbarous treatment: Physical or severe emotional abuse endangering life or health
• Conviction of felony or infamous crime
• Habitual drunkenness: Continuous for one year
• Willful failure to support when able

Trade-offs of fault grounds:

Advantages: File immediately without waiting 18 months; faster path to divorce if uncontested (45-90 days total)

Disadvantages: Must prove the fault ground (corroboration required except for residence and separation grounds); may increase conflict and litigation costs; still subject to 30-day waiting period

In practice, many Arkansas divorces use "general indignities" as a fault ground with minimal proof required, allowing couples to divorce quickly without waiting 18 months while technically using a fault-based approach.

Critical Deadlines in Arkansas Divorce

Missing deadlines can add weeks or months to your timeline. Key deadlines include:

• Service deadline: 120 days from filing to serve the defendant or seek extension for good cause (Ark. R. Civ. P. 4(i))
• Response deadline: 30 days from service for defendant to file answer (60 days if incarcerated in Arkansas facility; 30 days from first publication if served by warning order)
• Affidavit of Financial Means: Required whenever support or alimony is at issue; must be complete and updated (Administrative Order No. 10 addendum)
• Corroboration affidavits: Third-party verification of residency required before final hearing; verification of separation continuity if using 18-month ground
• Waiting period floor: No decree earlier than 30 days after filing (§ 9-12-310), and not before 3-month residency satisfied

How to Minimize Your Arkansas Divorce Timeline

To expedite your Arkansas divorce and navigate the divorce process more effectively:

1. Use fault grounds if you haven't been separated 18 months: "General indignities" ground avoids the lengthy separation wait
2. File via eFlex e-filing: Arkansas's statewide system speeds up filing and clerk processing
3. Prepare corroboration early: Line up third-party witness or affidavit for residency (and separation if applicable) before filing
4. Complete Affidavit of Financial Means: Gather financial documents before filing to avoid delays
5. Serve promptly: Use professional process server or acceptance/acknowledgment form for quick service
6. Settle early: Negotiate property division, custody, and support outside court through mediation or collaborative process
7. Hire experienced Arkansas attorney: Local family law attorney knows county-specific procedures and judges
8. Respond to all deadlines: Late filings trigger defaults or sanctions, extending timeline

Arkansas Divorce Cost Estimate

Understanding costs helps you budget for your divorce. Use our calculator below to estimate your Arkansas divorce expenses:

Average Arkansas divorce costs by type:

• Uncontested (DIY): $165 circuit court filing fee + $0-$75 service fee = $165-$240 total
• Uncontested with attorney: $800-$1,500 flat fee + filing costs = $965-$1,740 total
• Contested divorce: $5,000-$10,000 retainer ($150-$300/hour attorney fees × 30-80 hours)
• Complex contested: $10,000-$25,000+ (includes custody evaluators $2,500-$7,500, business valuators, expert witnesses)

Frequently Asked Questions

Can I avoid the 18-month separation requirement?

Yes. Arkansas offers fault-based grounds (general indignities, adultery, cruel treatment, etc.) that do not require 18-month separation. You can file immediately using fault grounds, though you must prove the fault. Many Arkansas divorces use "general indignities" to avoid the lengthy separation wait.

What is the corroboration requirement in Arkansas?

Arkansas requires third-party corroboration (testimony or verified affidavit from someone other than the spouses) to prove residency and, if using separation-based grounds, the fact and continuity of separation. This applies even in uncontested divorces. A friend, family member, or neighbor must verify these facts under oath.

How long does an uncontested divorce take in Arkansas?

An uncontested divorce using fault grounds typically takes 45-90 days from filing to final decree. This assumes both spouses agree on all issues, residency and corroboration requirements are met, and the 30-day waiting period is observed. Perfect agreement cases can finalize in as little as 45-60 days.

What if my spouse won't agree to the divorce?

Arkansas does not require both spouses to consent to divorce. If your spouse contests the divorce or disagrees on issues, you'll proceed with a contested divorce (6-18+ months). After proper service, if your spouse fails to respond within 30 days, you may seek default judgment after the 30-day waiting period.

Is mediation required in Arkansas divorces?

Mediation is not automatically mandatory statewide, but courts have discretionary authority to order it under Ark. Code Ann. § 16-7-202. Many judges strongly encourage or order mediation, especially in cases involving child custody or significant property disputes. Arkansas offers Access & Visitation mediation at reduced rates for parenting issues.

How does the 30-day waiting period work?

Under §§ 9-12-307 and 9-12-310, no Arkansas court may grant a final divorce decree until at least 30 days have elapsed after filing the complaint. This waiting period applies to all divorces—uncontested, contested, fault, or no-fault. It cannot be waived except in extremely narrow statutory exceptions.

Do I have to live in Arkansas for 18 months before filing?

No. You only need 60 days residency before filing and 3 months residency before the final decree. The 18-month requirement is for the separation period if you're using the no-fault separation ground (living separate and apart). Fault-based divorces have no separation requirement—just the 60-day filing residency and 3-month decree residency.

Final Thoughts: Planning Your Arkansas Divorce

Arkansas's divorce timeline presents unique challenges, particularly the 18-month separation requirement for no-fault divorce—the longest mandatory separation in the United States. However, fault-based grounds offer a faster path, with uncontested divorces finalizing in as little as 45-90 days.

The key decision most Arkansas couples face is whether to wait 18 months for no-fault separation or use fault grounds ("general indignities" being most common) to file immediately. Weigh the emotional and financial costs of proving fault against the time investment of an 18-month separation.

Regardless of which path you choose, Arkansas's corroboration requirements, dual residency rules, and 30-day waiting period apply to all divorces. Understanding these timelines helps you plan ahead, gather necessary documentation (especially third-party corroboration), and make informed decisions during this challenging transition.

Consulting with a licensed Arkansas family law attorney ensures you understand your specific timeline, navigate county-specific procedures, and protect your interests throughout the process.