Arkansas | Divorce.Pro

Uncontested Divorce in Arkansas

To qualify for an uncontested divorce in Arkansas, you must meet all of the following:

Residency:
- At least one spouse must have lived in Arkansas for at least 60 days before filing.
- The divorce cannot be finalized until at least 3 months (90 days) after the filing.
Mutual Agreement:
- Both parties must agree on all divorce terms, including:
  - Division of assets and debts
  - Alimony (spousal support)
  - Child custody, visitation, and support (if applicable)
No-Fault Grounds:
- Arkansas does not offer true no-fault divorce like some other states.
- However, spouses can file on the ground of “separation without cohabitation” for at least 18 months — this is effectively a no-fault route, but the separation must be proven and continuous.
Children:
- The court will review any child custody and support agreements to ensure they are in the best interest of the child, even if both spouses agree.

1.Prepare Necessary Documents:

Complaint for Divorce
Settlement Agreement (optional but recommended to show mutual agreement)
Summons
Other county-specific forms (some counties require affidavits or cover sheets)

2.File with the Court:
File the documents with the Circuit Court in the county where either spouse resides.
Pay the filing fee (usually around $150–$200).|

3.Serve Your Spouse:
Your spouse must be officially served with the divorce paperwork unless they file a Waiver of Service acknowledging receipt.

4.Wait Period:
Arkansas requires a 60-day waiting period before a divorce can be finalized.
If the ground is 18 months of separation, you must prove this with witness testimony or affidavits.

5.Court Appearance:
A brief hearing is usually required, even in uncontested cases.
You’ll present testimony or an affidavit confirming grounds (such as separation).
If everything is in order, the judge will issue a Final Decree of Divorce.

Court Filing Fees: ~$150–$200 (varies by county)
Attorney Flat Fees: Typically range from $500–$1,000 for uncontested cases
Online Services: Divorce form prep services like 3StepDivorce or LegalZoom often charge $200–$400
Do-It-Yourself: You can file on your own if you’re comfortable preparing and submitting the documents.

Proof of Separation: If you file under the 18-month separation ground, be ready to prove it with a witness or written affidavit.
Legal Review: Even for uncontested cases, it’s wise to have a lawyer review your paperwork.
Custody and Support: The court must ensure that any arrangement involving children meets state standards for fairness and the child’s best interests.