What are the requirements for divorce in Arkansas?

Asked by: Tiffany Pollich  |  Last update: April 11, 2026
Score: 4.5/5 (7 votes)

To get a divorce in Arkansas, one spouse must live in the state for at least 60 days before filing, and you need a legally recognized reason (grounds) like 18 months of separation or fault-based reasons such as adultery or general indignities, with a mandatory 30-day waiting period after filing before finalization, covering child custody, support, and property division issues.

How long do you have to be separated to get a divorce in Arkansas?

There is one no-fault ground for divorce in Arkansas: Separation - You and your spouse have lived separately for a continuous period of 18 months or more.

What do I need to bring with me to file for divorce?

To file for divorce, you'll need personal identification (ID, Social Security card, birth certificates for kids), your marriage certificate, and extensive financial documents like tax returns, bank statements, pay stubs, and proof of assets/debts (deeds, titles, loan info) to start the disclosure process, plus forms like the initial petition. Gathering these documents early, including any pre/postnuptial agreements and estate documents, helps streamline the process, but always check with your local court for specific forms and requirements. 

What is a wife entitled to in a divorce in Arkansas?

Arkansas law presumes that a couple's marital property will be split between them 50-50, but several factors may lead a judge to change to unequal distribution. First, though, the judge will determine what is marital and non-marital property. Non-marital property is kept by whoever brought it into the marriage.

What is the fastest way to get a divorce in Arkansas?

The fastest way to get a divorce in Arkansas is with an “uncontested divorce”. Both spouses must be in agreement about the divorce, or one party must have proof of the grounds of the divorce to claim in their filing.

Requirements to File for Divorce in Arkansas

30 related questions found

What is the 10 10 10 rule for divorce?

The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law. 

What is the biggest mistake during a divorce?

The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being. 

What money can't be touched in a divorce?

Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
 

What are the five grounds for divorce?

In this article:

  • What were the grounds for divorce?
  • Adultery.
  • Unreasonable behaviour.
  • Desertion.
  • Two and five years separation.
  • No-fault divorce.

What are the 3 C's of divorce?

The "3 C's of Divorce" usually refer to Communication, Cooperation, and Compromise, emphasizing a less adversarial approach to resolve issues like child custody, asset division, and finances, often focusing on co-parenting effectively for the children's well-being. Another variation uses Communication, Compromise, and Custody, highlighting the key areas needing resolution, especially when kids are involved. The core idea is to move from conflict towards agreement, especially for the sake of children. 

Why is moving out the biggest mistake in a divorce?

Moving out during a divorce is often called a mistake because it can negatively impact child custody, create financial strain (paying two households), and weaken your legal position regarding the marital home, as courts often favor the "status quo" and the parent remaining in the home seems more stable. It can signal reduced parental involvement and make it harder to claim the house later, while leaving documents behind complicates the legal process and increases costs. 

What is the first thing I should do if I want a divorce?

The first steps in a divorce involve ** meeting state residency requirements**, consulting a lawyer (recommended), deciding on grounds (usually no-fault), and then the formal process starts by one spouse filing a Petition for Divorce with the court, which officially notifies the other spouse ("service of process"), who then has a set time to file a formal response. These initial actions kick off the legal case, establishing the framework for addressing assets, debts, and child custody. 

What not to do during separation and divorce?

Don't rush and make emotional decisions, turn down opportunities to spend time with your children, say bad things about your spouse, take on more debt, hide income and assets, get a new boyfriend or girlfriend, or say anything on social media about your situation.

How to get a free divorce in Arkansas?

Apply for Legal Aid

Legal Services Corporation (LSC) provides funding to Legal Aid of Arkansas. To qualify for free legal help from a program funded by LSC, you must not have income and assets over a certain level. Our income eligibility guidelines are based on the Federal Poverty Income Guidelines.

What proof is needed for separation?

Proof for separation involves documenting separate living arrangements (new leases, utility bills) and the intent to end the marriage (separate bank accounts, financial independence, communication) through records like emails, texts, and witness testimony, all crucial for establishing the date of separation for legal purposes like divorce or support. You need evidence showing you live apart and intend to remain apart, not just sleeping in separate rooms.
 

Who loses more financially in a divorce?

Statistically, women generally lose more financially in a divorce, experiencing sharper drops in household income, higher poverty risk, and increased struggles with housing and childcare, often due to historical gender pay gaps and taking on more childcare roles; however, the financially dependent spouse (often the lower-earning partner) bears the biggest burden, regardless of gender, facing challenges rebuilding independence after career breaks, while men also see a significant drop in living standards, but usually recover better.
 

What to do financially before a divorce?

To financially prepare for divorce, gather and copy all financial documents, create a realistic post-divorce budget, build emergency savings (3-6 months of expenses), open your own accounts, monitor your credit, and consult with financial and legal professionals like a CDFA or attorney to understand your state's laws and your entitlements, while avoiding large joint purchases or hiding assets. 

Is my wife entitled to half my savings?

The default rule is that savings and investments built up during a marriage are subject to a fair distribution between both parties. There are always exceptions, however—and “fair distribution” may not mean a 50-50 split.

What not to do before divorce?

If you are still married to your spouse, refrain from becoming romantically involved with anyone until your divorce is final. Your spouse may use your new relationship against you in the divorce process.

What is the 7 7 7 rule for couples?

The 7-7-7 rule for couples is a relationship guideline suggesting they schedule consistent, quality time together: a date night every 7 days, a weekend getaway every 7 weeks, and a longer, romantic vacation every 7 months, designed to maintain connection, prevent drifting apart, and reduce burnout by fostering regular intentionality and fun. While some find the schedule ambitious or costly, experts agree the principle of regular, dedicated connection is vital, encouraging couples to adapt the frequency to fit their lives.
 

What are the four behaviors that cause 90% of all divorces?

The four behaviors that predict divorce with over 90% accuracy, known as the "Four Horsemen of the Apocalypse," are Criticism, Contempt, Defensiveness, and Stonewalling, identified by relationship expert Dr. John Gottman; these destructive communication patterns erode respect and connection, leading to marital breakdown. 

Can my wife get half my social security in a divorce?

Yes, an ex-wife can get up to half (50%) of her ex-husband's Social Security benefit if they were married for at least 10 years, she's unmarried and at least 62, and her own benefit is less than what she'd get from his record, with payments not affecting his or current spouse's benefits. She receives the higher of her own benefit or the spousal benefit, up to 50% of the ex's full retirement amount, and if he dies, she could get 100% (a survivor benefit). 

How to not split money in a divorce?

Consider a prenup (or a postnup):

While divorce settlements typically divide assets acquired during a marriage (with some exceptions), a signed contract can help you keep what's yours.

Why wait 10 years to divorce?

Benefits of waiting until 10 years of marriage to divorce

If you're able to stick it out until at least 10 years of marriage, you're able to claim what's called spousal benefits, which will entitle you to 50% of your ex-spouse's Social Security claim, assuming that your ex-spouse is alive.