Arkansas Divorce Laws (2026): Grounds, Residency, and Process

Arkansas is the only state in the country with no pure no-fault divorce ground. To divorce in Arkansas, you must prove one of the statutory fault-based grounds under Ark. Code 9-12-301, with "general indignities" being the most-used practical substitute for no-fault. You must have been an Arkansas resident for at least 60 days before filing, and remain a resident through the decree so that 3 full months of residency are completed by the time the decree is granted. A 30-day waiting period applies after filing before a decree can be entered.

Grounds for divorce in Arkansas

Arkansas stands alone among all 50 states in having no pure no-fault divorce ground. Every other state lets a spouse allege something like "irreconcilable differences" or "irretrievable breakdown" without pointing to specific spousal conduct. Arkansas does not.

Under Ark. Code 9-12-301, the recognized grounds for divorce are:

• General indignities (the most widely used): a course of conduct by one spouse that makes the condition of the other intolerable, including personal indignities, rudeness, contempt, studied neglect, and open insults. Courts interpret this broadly, and in practice many Arkansas couples rely on general indignities as a functional substitute for no-fault.
• Adultery
• Felony conviction with imprisonment
• Habitual drunkenness for one year
• Cruel and barbarous treatment endangering life
• Willful failure to support when able (available to either spouse)
• 18 months of continuous separation: the spouses have lived separately and apart for at least 18 months. This is the closest thing to a true no-fault ground, but it requires a long wait.
• Impotency (at the time of marriage)
• Three-year incurable insanity

Because none of these is as easy to plead as "irreconcilable differences," most Arkansas divorces use general indignities. You allege that your spouse's behavior has made your life intolerable, and the court hears testimony supporting that claim. The standard is not as high as proving a criminal offense, but it does require presenting evidence.

Covenant marriage in Arkansas

Arkansas enacted its covenant marriage statute in 2001. Couples who entered a covenant marriage agreed to mandatory pre-marital counseling and a declaration of intent, and they accepted more limited divorce grounds. To end an Arkansas covenant marriage, you must prove one of a narrow set of fault grounds: adultery, commission of a felony, physical or sexual abuse of a spouse or child, or 2 years of continuous separation. Covenant marriages cannot be ended via general indignities alone, and there is no general "irreconcilable differences" exit.

If you entered a standard Arkansas marriage (the vast majority of marriages), the covenant marriage rules do not apply to you.

Residency requirement

Arkansas requires that you be a resident of Arkansas for at least 60 days before filing the divorce petition. This is a shorter residency window than most states (many require 6 months). The law separately requires 3 full months of Arkansas residency by the time the final decree is granted, not before filing, so you must remain a resident of Arkansas throughout the case (Ark. Code 9-12-307).

If you move out of state after filing but before the decree is entered, you may lose jurisdiction. Courts have dismissed divorces on that basis, so if you are planning to relocate, talk to an attorney before filing.

Divorce cases are filed in the Circuit Court (family law division) in the county where you or your spouse resides. Each Arkansas county has a Circuit Court that handles domestic relations matters. If you and your spouse live in different counties, either county's court has jurisdiction.

Waiting period and separation

Arkansas law creates two distinct clocks that people frequently confuse.

Waiting period (cooling-off): Once you file the divorce petition, Arkansas requires at least 30 days to pass before the court can enter a final decree (Ark. Code 9-12-310), unless the spouses already lived separate and apart for 12 or more months before filing or the defendant was served by publication, in which case the 30-day wait does not apply. This is a minimum; uncontested cases often finalize in 30 to 60 days; contested cases can take much longer.

Separation requirement: If you are using general indignities, adultery, felony, drunkenness, cruelty, or willful non-support as your ground, there is no required period of living apart before you file. You can file the day the conduct occurs (or has accumulated sufficiently).

The 18-month continuous separation ground is different: it requires the spouses to have actually lived separately and continuously for a year and a half before the separation-based ground can be used. That is a true separation requirement built into the ground itself, not a waiting period added to filing.

In short: most Arkansas divorces (filed on general indignities) need no prior separation. The 30-day post-filing wait is the only mandatory delay for those cases.

How property is divided

Arkansas is an equitable distribution state, not a community property state. Only nine states use community property (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin). Arkansas is not one of them.

Equitable distribution means the court divides marital property fairly, taking into account all relevant circumstances. Fairly does not automatically mean equally. A 50/50 split is common in long marriages, but the court can deviate based on factors including the length of the marriage, each spouse's financial contributions, the economic circumstances of each spouse, whether one spouse will have primary custody of children, and each party's earning capacity going forward.

Marital property subject to division includes assets acquired by either spouse during the marriage: the family home, retirement accounts, bank accounts, vehicles, and business interests accumulated since the wedding. Separate property (owned before marriage, or received as gifts or inheritance during the marriage and kept separate) is not divided.

Unlike the property division rules in some states, Arkansas courts do consider the conduct of the spouses as one equitable factor. Marital fault can, in the court's discretion, influence the property award, though it is rarely the dominant factor.

Alimony, custody, and child support

The divorce proceeding resolves not just the legal end of the marriage but also alimony (called spousal support in Arkansas), child custody, and child support.

Spousal support in Arkansas is not guaranteed. The court considers the financial needs and resources of each spouse, the length of the marriage, the standard of living during the marriage, and other equitable factors when deciding whether to award support and for how long. Arkansas courts have discretion to award temporary, rehabilitative, or long-term support depending on the circumstances. See the Arkansas alimony laws page for a full breakdown.

Child custody and parenting arrangements are determined using the best-interests-of-the-child standard. Arkansas courts encourage both parents to remain involved unless there is a reason to restrict one parent's access. See the Arkansas child custody laws page for details on how custody is decided. Child support follows the Arkansas Child Support Guidelines, which base support on both parents' incomes. Estimate your payment with our Arkansas child support calculator.

How to file for divorce in Arkansas

Step 1: Confirm residency. Make sure you (or your spouse) have lived in Arkansas for at least 60 days before you file, and that you will remain a resident of Arkansas through the final decree so the 3-full-month residency requirement is met by then.

Step 2: Choose your ground. In most cases, you will allege general indignities. Gather a short account of the conduct that has made cohabitation intolerable. You will need to testify to this or present a corroborating witness (Arkansas courts historically required corroboration of divorce grounds, though courts vary on how strictly this is applied today).

Step 3: File the complaint. File a Complaint for Divorce in the Circuit Court of the county where you or your spouse resides. Pay the filing fee (amounts vary by county; check with your county clerk for current fees). If you have minor children, additional forms (parenting plan, child support worksheet) are required.

Step 4: Serve your spouse. The defendant spouse must be formally served with the Complaint and Summons. Service is typically done by a process server or the county sheriff. The defendant has 30 days to file an Answer.

Step 5: Exchange financial information. Both spouses are required to disclose financial information. This includes income, debts, assets, and expenses relevant to support and property division.

Step 6: Reach an agreement or proceed to hearing. If both spouses agree on all issues (property, support, custody), you can submit an agreed divorce decree. If there are disputes, the court sets a hearing. Because there is no pure no-fault ground, contested divorces typically require a hearing at which the plaintiff presents evidence of the divorce ground. If your spouse contests the ground, custody, or property, have an Arkansas family lawyer prepare the evidence and witness testimony for that hearing after a free case evaluation (attorney advertising).

Step 7: Receive the final decree. The judge enters the Divorce Decree after the 30-day waiting period has passed and all issues are resolved. The marriage ends on the date the judge signs the decree.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Arkansas.

For more context on divorce across all 50 states, visit the Divorce Laws hub. Related Arkansas family-law topics: Arkansas alimony laws, Arkansas child custody laws.

More Arkansas Laws

• Arkansas Alimony Laws
• Arkansas Child Custody Laws
• Arkansas Child Support Laws
• Arkansas Common Law Marriage Laws
• Arkansas Restraining Order Laws
• Arkansas Unclaimed Property

Frequently Asked Questions

How long does it take to get a divorce in Arkansas?

The minimum waiting period is 30 days from filing before the court can enter a final decree. An uncontested divorce where both spouses agree on all issues can often be finalized in 30 to 60 days after filing, assuming no scheduling delays. Contested divorces, particularly those involving child custody disputes, property division, or disagreement about grounds, typically take several months to a year or more.

How much does a divorce cost in Arkansas?

Filing fees are set by each county and typically range from around $100 to $200 for the initial complaint, with additional fees for summons, responses, and other court filings. If both spouses agree on all terms and no attorney is involved, total court costs may be limited to filing fees. Attorney fees vary considerably; a simple uncontested divorce may cost a few hundred dollars in legal fees, while a contested divorce involving property and custody can cost several thousand dollars.

Does Arkansas have no-fault divorce?

No. Arkansas is the only state in the country without a pure no-fault divorce ground. You must allege one of the statutory grounds under Ark. Code 9-12-301. The most commonly used ground is 'general indignities,' which involves a pattern of behavior by one spouse that makes the other's life intolerable. It functions as a practical substitute for no-fault but does require alleging and proving specific conduct.

Is Arkansas a community property state?

No. Arkansas is an equitable distribution state. Marital property is divided fairly based on the circumstances of the marriage, but that does not automatically mean a 50/50 split. The court weighs factors such as the length of the marriage, each spouse's contributions, and their respective financial situations.

How long do I have to be separated to divorce in Arkansas?

There is no separation requirement if you are filing on the general indignities ground, which is the most common route. You can file the day you decide to proceed. The 18-month separation requirement applies only if you want to use continuous separation as your divorce ground. In that case, you must live apart for 18 months before using that specific ground.

Can I get divorced without my spouse agreeing in Arkansas?

Yes, but you must still prove a recognized statutory ground. If you use general indignities, you must present evidence (and typically a corroborating witness) that the conduct occurred. Your spouse can contest the ground, contest custody and property terms, or both. The court will hold a hearing and decide the issues. Your spouse's refusal to agree does not prevent a divorce, but it does make the process longer and more involved.

Do I have to live in Arkansas to file for divorce there?

Yes. You must be an Arkansas resident for at least 60 days before filing, and you (or your spouse) must still be a resident of Arkansas for a full 3 months by the time the divorce decree is granted. If you moved to Arkansas recently, you must wait until you hit the 60-day mark before filing. If only one spouse lives in Arkansas, that spouse can file; the other spouse does not need to be an Arkansas resident.