Divorce in Arkansas: Laws, Process, and What You Need to Know (2026)

Q: How long does a divorce take in Arkansas?

Arkansas has a 30-day waiting period after filing before a divorce can be finalized. Additionally, at least one spouse must reside in the state for 3 months before the final decree can be entered. An uncontested divorce typically takes 2 to 4 months. Contested divorces can take 6 months to well over a year.

Q: How much does a divorce cost in Arkansas?

Filing fees in Arkansas generally range from $150 to $200, making it one of the more affordable states for court costs. An uncontested divorce without attorneys can cost under $500. Attorney-represented uncontested divorces typically cost $1,000 to $3,000, while contested divorces can range from $5,000 to $20,000 or more.

Q: What is a covenant marriage in Arkansas?

Arkansas is one of only three states along with Arizona and Louisiana that offers covenant marriage. Couples who enter into a covenant marriage agree to premarital counseling and accept more limited grounds for divorce. In a covenant marriage, you generally cannot divorce based on irreconcilable differences alone; instead, you must prove fault such as adultery, felony conviction, abuse, or live separately for a specific period. If you entered a standard marriage, the typical no-fault and fault grounds apply.

Introduction

Arkansas is one of only three states (along with Arizona and Louisiana) that offers covenant marriage, a legally distinct form of marriage with more limited grounds for divorce. If you entered a standard marriage, the process is more conventional.

Arkansas is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how Arkansas handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Arkansas, you must meet the state's residency requirements: 60 days residency; must reside in state for 3 months before final decree. This means at least one spouse must have lived in Arkansas for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Arkansas allows both no-fault and fault grounds for divorce. No-fault: 18 months continuous separation. Fault grounds include adultery, felony conviction, cruel treatment, habitual drunkenness, and impotence. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes affect alimony or property division outcomes.

Property Division

Arkansas follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Arkansas:

Length of marriage
Age and health
Earning capacity
Standard of living
Resources of each party

Arkansas courts may award temporary, rehabilitative, or permanent alimony based on the requesting spouse's need and the other spouse's ability to pay.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Arkansas uses the Income Shares model for calculating child support, with a chart based on combined family income.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Arkansas courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Arkansas, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in Arkansas, though it is often encouraged. Many couples find that mediation helps resolve disputes more quickly and affordably than litigation.

Filing Fees and Costs

Filing fees for divorce in Arkansas typically range from $150-$200, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: 30 days after filing
Covenant marriage: Arkansas is one of only three states that offers covenant marriage, which has stricter requirements for divorce.

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Arkansas Divorce

Is Arkansas a community property state?

No, Arkansas is not a community property state. Arkansas follows the equitable distribution model, meaning the court divides marital property fairly based on relevant factors, but not necessarily in equal shares. The judge has discretion to determine what is equitable given the specific circumstances of each case.

How is property divided in an Arkansas divorce?

Arkansas courts divide marital property equitably by considering factors such as the length of the marriage, each spouse's economic circumstances, contributions to the marriage (including homemaking), the age and health of each spouse, and any dissipation of assets. Property acquired before the marriage, as well as gifts and inheritances received individually, is generally treated as separate property and excluded from division.

How long does a divorce take in Arkansas?

Arkansas has a 30-day waiting period after filing before a divorce can be finalized. Additionally, at least one spouse must reside in the state for 3 months before the final decree can be entered. An uncontested divorce typically takes 2 to 4 months. Contested divorces can take 6 months to well over a year.

Can I get alimony in Arkansas?

Yes, Arkansas courts may award temporary, rehabilitative, or permanent alimony based on the requesting spouse's need and the other spouse's ability to pay. The court considers the length of the marriage, each spouse's age and health, earning capacity, the standard of living during the marriage, and the financial resources of each party. Permanent alimony is less common and typically reserved for long marriages where one spouse cannot become self-supporting.

What are the grounds for divorce in Arkansas?

Arkansas allows both no-fault and fault-based grounds for divorce. The no-fault ground requires 18 months of continuous separation. Fault grounds include adultery, felony conviction, cruel treatment that endangers life, habitual drunkenness for one year, and impotence at the time of marriage. Filing on fault grounds can sometimes affect property division and alimony awards.

What are the residency requirements for divorce in Arkansas?

At least one spouse must have been a resident of Arkansas for a minimum of 60 days before filing for divorce. Additionally, the filing spouse must have resided in the state for at least 3 months before the final decree can be entered. The case is typically filed in the county where either spouse resides.

How much does a divorce cost in Arkansas?

Filing fees in Arkansas generally range from $150 to $200, making it one of the more affordable states for court costs. An uncontested divorce without attorneys can cost under $500. Attorney-represented uncontested divorces typically cost $1,000 to $3,000, while contested divorces can range from $5,000 to $20,000 or more.

What is a covenant marriage in Arkansas?

Arkansas is one of only three states (along with Arizona and Louisiana) that offers covenant marriage. Couples who enter into a covenant marriage agree to premarital counseling and accept more limited grounds for divorce. In a covenant marriage, you generally cannot divorce based on irreconcilable differences alone; instead, you must prove fault such as adultery, felony conviction, abuse, or live separately for a specific period. If you entered a standard marriage, the typical no-fault and fault grounds apply.

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