How to Divorce in Arkansas

If you are seeking a divorce in Arkansas, you must show that your spouse is at fault for the divorce or that you have been legally separated for at least 18 months prior to filing for divorce. If you and your spouse can agree to the terms of your divorce, such as child support and custody, spousal support and the division of property, your divorce will proceed more quickly and less expensively. If your divorce in Arkansas is contested, you will have to go to court and a judge will determine all of the issues in the case.

Part 1

Part 1 of 3:

Preparing for Divorce in Arkansas

1
Consider legally separating from your spouse. Arkansas recognizes legal separation, which after 18 months can be used as a grounds for divorce. If you and your spouse are contemplating divorce but think that separating would be the best first step, there are certain things that you should do in order for the separation to be legally recognized.
- You should draft a separation agreement, which sets forth child custody and support during the separation, divides property for purposes of the separation, and can also include spousal support during the separation.
- Your separation agreement can include any other terms that you and your spouse agree upon, such as continued health insurance or custody of a pet.
- Your separation agreement must be in writing and signed by both parties.^{[1]XResearch source}
- The agreement is considered legally binding and can be enforced as to all of the terms included in the agreement once both parties have signed the document.
- If you and your spouse cannot agree to the terms of the separation, you will attend a court hearing and a judge will decide any outstanding issues.^{[2]XResearch source}
- The document can also be used as part of the divorce settlement, if both parties agree.^{[3]XResearch source}
- By negotiating a separation agreement, you and your spouse have begun the process of understanding the issues that will be raised in a divorce proceeding and determining what issues are the most important to you when negotiating a divorce settlement.
2
Engage in mediation with your spouse. If you and your spouse both want to end the marriage, it is best if you can come to an agreement as to division of property, assets, debts, child custody and support and alimony together. If you can come to an agreement, the divorce is considered uncontested and this is less expensive and time consuming than a contested divorce. A mediator, is an independent third party experienced in negotiating divorce settlements, and can help you and your spouse reach an agreement.
- Most Arkansas judges encourage mediation and will even order mediation if one of the parties to the divorce request it.
- You can have an attorney at mediation or you can represent yourself.
- Typically, both parties make an opening statement about the divorce and desired settlement.
- Both parties may also meet with the mediator alone and let him or her know their position and the mediator will try and work out an agreement.
- The mediator can also meet with the parties together and negotiate an agreement.
- If an agreement is made, the mediator will draft a Mediated Settlement Agreement, which both parties will sign. The agreement will be presented to the court when the parties file for divorce.
- Even if you and your spouse reach an agreement through mediation, you still have to file legal action for divorce. The mediated settlement agreement will be reviewed by the judge and will most likely become a part of the divorce decree. By having an agreement, the judge does not make decisions based on property division, custody or alimony. It also expedites the divorce proceeding.
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3
Establish your Arkansas residency. Under Arkansas law, your or your spouse must have been a resident of the state for at least 60 days before filing for divorce or separation.
- The court may also require proof that the spouses are separated and no longer live together.
- A third-party witness can prove the separation by either testifying in court to the fact that the parties are separated or signing a sworn statement, called an affidavit, in which they state that the parties are separated.^{[4]XResearch source}
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Part 2

Part 2 of 3:

Drafting Your Divorce Complaint

1
Select the proper court. Your divorce action must be filed in the Arkansas Circuit Court in the county where the party filing for divorce resides unless the party filing for divorce is not an Arkansas resident. In that case, the divorce should be filed in the county where the defendant (non-filing spouse) resides.
- You can locate Arkansas Circuit Courts by county at: https://www.arcourts.gov/courts/circuit-courts.
2
Establish your grounds for divorce. In Arkansas, you must state the grounds on which you are filing for divorce. You can seek a no-fault divorce if you have been legally separated for 18 months. If not, you can file for divorce based on fault. The grounds for divorce in Arkansas are:
- Impotence
- Felony conviction
- Habitual drunkenness
- Cruel treatment
- Irreconcilable differences
- Adultery
- Incurable insanity for one year and living apart for one year
- Financial abandonment^{[5]XResearch source}
3
Draft your Divorce Complaint. Your Complaint is the legal filing that begins your divorce. You should check with the court clerk for any specific requirements but generally your Complaint should include the following:
- The name of the court and the county where you are filing the Complaint.
- The name and address of the person filing the Complaint (the Plaintiff).
- The name and address of the non-filing spouse (the Defendant).
- The city and state where you were married and the date of the marriage.
- The grounds on which you are filing for divorce.
- Information about any minor children, including their names and birthdates.
- Information about your marital assets, debts, and any property.
- A statement regarding whether you are seeking spousal support (alimony).
- A statement regarding child custody.
- If applicable, you should include any Mediated Settlement Agreement.
- A statement that one or both of you have resided in the state for at least 60 days prior to filing.
- A statement regarding whether either spouse are currently on active duty in the military.^{[6]XResearch source}
- You can use a basic divorce complaint form if your divorce is uncontested, you do not have minor children, you don’t own expensive property, and you lived in Arkansas for the previous 60 days. You can also review the form for the basic layout of a divorce complaint.
- You can locate a divorce complaint form at: http://www.arlegalservices.org/divorcepacket.
4
Divide your property. If you and your spouse already negotiated a property settlement, you should submit your signed agreement to the court, along with your divorce complaint. Since Arkansas is an equitable distribution state, if you have not reached an agreement, the court will review all of the documents and make a determinations as to a “fair” division of property, which may not mean equal division. Generally, if the parties cannot agree, the court will:
- Distribute half the marital property to each party unless that would not be an equitable/fair distribution.
- If the court does not divide the property equally, it will consider the following factors in dividing the property: the length of the marriage; age and health of the parties; occupation of he parties; ability to get a job; job skills; amount and sources of income; contribution of each party to the marital property, including the contribution of a homemaker.^{[7]XResearch source}
5
Establish child custody and support. Arkansas courts prefer when spouses come up with their own custody arrangement. However, if the parties cannot agree, the court will determine what is in the best interest of the child. A court may consider the child’s custody preference if they are old enough to make a well-reasoned decision, as well as the previous and future relationship the child had/will have with each parent.
- In determining child support, Arkansas requires that the parent who does not have primary custody pay a percentage of his or her income for support of the child.^{[8]XResearch source}
6
Determine whether spousal support is warranted. Spousal support is decided on a case-by-case basis and not all parties seek or are given this support. The parties can agree to long-term or short-term support. If the parties disagree, the court will make a determination as to whether one of the spouses should be awarded support. In deciding on spousal support, a judge will consider:
- Both spouse’s current and anticipated income, as well as earning ability.
- Both spouse’s resources, assets and debts.
- The standard of living they were accustomed to during the marriage.
- The length of the marriage.
- While there is no set calculation, Arkansas courts have ruled that 20% of the other spouse’s take home pay is an acceptable temporary spousal support amount.^{[9]XResearch source}
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Part 3

Part 3 of 3:

Finalizing Your Divorce

1
File the Complaint for Divorce. As discussed above, you should file your Complaint for Divorce in the Arkansas Circuit Court in the county where you have resided for at least the previous 60 days.
- Check with the court clerk, but generally, you will be required to bring an original Complaint for Divorce and two copies to the clerk’s office. The court will keep the original and stamp the copies with the date and time that you filed the Complaint.
- You must also bring with you the appropriate filing fee. You should ask the court clerk for the specific amount of the filing fee as it varies by county. Typically, the fee is around $150.^{[10]XResearch source}
After you file the Complaint for Divorce, the court will issue a Summons for the filed case. The Summons sets forth a notice of the lawsuit and identifies your spouse’s legal rights, such as the right to hire an attorney. It also notifies your spouse that he or she must file an Answer within 30 days of being served with the Summons and Complaint.
3
Serve the court documents on your spouse. Once you receive the Summons from the court, you must provide your spouse with a copy of the Summons and Complaint; this is known as serving the other party. In Arkansas, you can serve your spouse in the following ways:
- Certified Mail. If you serve your spouse in this way, you must also file an Affidavit of Service by Mail that states that you sent the Complaint via certified mail, return receipt requested, and you must attach the proof of receipt to the affidavit. You can serve your out-of-state spouse using this method.^{[11]XResearch source}
- Sheriff or Constable.
- Process Server. A private process server is typically the quickest route to serving the Complaint but this way also costs the most money.
- If you are unable to locate your spouse, you must be able to show the court that you diligently attempted to locate him or her and you were still unable to find him or her. You will need to file an affidavit with the court outlining all of the steps you took to locate your spouse.
- Once you show the court how you unsuccessfully attempted to locate your spouse and the court grants you permission, you can “serve” your spouse by: publishing a Warning Order on a bulletin board in the courthouse or publishing the Warning Order in a newspaper of general circulation for at least two weeks. The court will instruct you as to which you must do.
4
Wait to receive your spouse’s Answer. Typically, your spouse has between 20 to 30 days to file his or her response to the Complaint, which is referred to as an Answer. In the Answer, your spouse will respond to each paragraph/allegation in your Complaint and may also raise counterclaims, which are legal assertions against. A counterclaim may include a challenge to your specified grounds for divorce.
- To view a sample Answer visit: http://www.arlegalservices.org/answer.
If your spouse did not file an Answer within the amount of time specified on the Summons, you can make a motion to the court requesting default judgment. A default judgment is a court ruling against your spouse and in your favor for the divorce.^{[12]XResearch source}
If your spouse did file an Answer, both parties will engage in the discovery process, which includes responding to questions, giving or taking depositions (sworn testimony under oath), and the exchange of child custody evaluations and financial information.
7
Attend the trial. If you and your spouse are unable to reach an agreement, a trial will be held and both parties will present evidence to an Arkansas circuit judge. The judge will evaluate all of the evidence, make decisions about the facts in the case, and ultimately issue a decision that specifies how all of the issues in the case will be resolved. This can include determinations on:
- Property division.
- Division of debt.
- Child custody and support.
- Spousal support.^{[13]XResearch source}
It takes at least 30 days from when the Complaint is filed to have a judgment in a divorce case. It can take significantly longer if a party is contesting the divorce or if the parties cannot agree as to child support, custody or the division of property.^{[14]XResearch source}
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While you can handle your own divorce case, if your spouse has an attorney you should also hire an attorney to protect your interests.
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