Uncontested Divorce in Arkansas

Before an Arkansas court can grant you an uncontested divorce based on no-fault grounds, you must prove that you and your spouse have lived separate and apart for a period of time.

By , J.D. UC Berkeley School of Law
Updated by Editors of DivorceNet

You can get an uncontested divorce in Arkansas if you meet the following requirements:

  • one spouse has lived in the state for at least 60 days before filing
  • you have a legal reason (a "ground") for divorce, such as living separate and apart for at least 18 months, and
  • you and your spouse agree on every issue in your case, including property, debts, alimony, and arrangements for your children.

An uncontested divorce in Arkansas costs at least $165 in filing fees. The court can grant it as soon as 30 days after you file, as long as you've met the residency requirement.

Below, we explain the process, including the paperwork you'll need, how to deliver (or "serve") the papers on your spouse, and what to expect at each stage.

How to Qualify for an Uncontested Divorce in Arkansas

If you want to file for an uncontested divorce in Arkansas, you and your spouse must:

  • meet the state's residency requirement
  • agree on the legal reason for your divorce
  • have lived separately for at least 18 months (if you're filing for a no-fault divorce), and
  • agree on all the issues in your case.

Arkansas's Residency Requirement for Divorce

One spouse must have lived in the state for at least 60 days before filing. The court can't enter a final judgment granting the divorce until one spouse has lived in the state for a full three months. (Ark. Code § 9-12-307(a)(1) (2026).)

That means if you and your spouse just moved to Arkansas, you can file for divorce 60 days after arriving in the state. The court will then have to wait at least another month before granting your divorce.

Note that Arkansas courts won't just take your word that you meet the residency requirement. You'll need a witness other than you or your spouse to confirm your residency, either by testifying or by signing an affidavit. (Ark. Code § 9-12-306(c) (2026).)

Agreement on the Legal Reason for Divorce

Arkansas allows both "no-fault" and "fault-based" divorces. In a no-fault divorce, the court doesn't require either spouse to prove that the other's bad acts caused the divorce. In a fault-based divorce, one spouse must show that the other's actions caused (were "grounds for") the failure of the marriage.

Whichever ground you use, it generally must have happened or existed within five years before you file. (Ark. Code § 9-12-307(a)(3) (2026).)

No-Fault Grounds for Divorce in Arkansas

Unlike most states, Arkansas doesn't recognize basic incompatibility as a no-fault ground for divorce.

Arkansas's only no-fault ground is that the spouses have lived separate and apart for at least 18 continuous months. The separation can be by mutual agreement or because one spouse moved out. (Ark. Code § 9-12-301(b)(5) (2026).)

If you're filing a no-fault divorce, a witness must confirm—either in person or by signing an affidavit—that you've been separated for the full 18 months without living together. (Ark. Code § 9-12-306(c) (2026).)

Fault-Based Grounds for Divorce in Arkansas

In most states, when you file a fault-based divorce, you must present evidence to back up your claims about your spouse's bad acts. In an uncontested Arkansas divorce, however, you don't need a third party to back up (corroborate) your testimony about a fault-based ground. (Ark. Code § 9-12-306(a) (2026).)

You'll still have to prove the ground by describing your spouse's specific conduct under oath, either in court or in an affidavit. (Ark. Code §§ 9-12-305, 9-12-307(a) (2026).) As mentioned above, you’ll also need a witness to confirm that you meet the residency requirement.

Arkansas has the following fault-based grounds for divorce:

  • impotence
  • conviction of a felony or "infamous" crime
  • habitual drunkenness for one year
  • cruel and barbarous treatment that endangers the life of the other spouse
  • indignities by one spouse to the other that make the victim spouse's life intolerable
  • adultery
  • incurable insanity, if the spouses have lived apart for three years and the spouse has been institutionalized for at least three years and meets certain other conditions, and
  • willful failure by one spouse to support the other or provide the other with the basic necessities. (Ark. Code § 9-12-301(b) (2026).)

Because you don't need a witness to back up fault-based grounds in an uncontested divorce, you might think it would be easier to commit adultery or another fault-based act to avoid the separation waiting period. Not so fast: Arkansas law prohibits colluding or otherwise acting to procure a divorce. If the judge believes one or both spouses acted solely to get a divorce, the judge won't grant the decree. (Ark. Code § 9-12-308 (2026).)

Agreement on the Issues in Your Divorce

Before you file for an uncontested divorce in Arkansas, you and your spouse will need to agree on all the issues in your case, including:

If you're having trouble agreeing about any of these issues, or any other matters you want to address in your divorce, mediation might help you find solutions that work for both of you. Most mediators will prepare a document that reflects the agreements you've reached. You can use this document to prepare your written divorce settlement agreement.

Preparing Arkansas Uncontested Divorce Forms

To start most uncontested divorces in Arkansas, you'll need to file the following forms:

  • Complaint for Divorce (notarized)
  • Domestic Relations Cover Sheet
  • Confidential Information Sheet (if you have minor children), and
  • Child Support Worksheet (if you have minor children).

Arkansas doesn't allow you to file a joint complaint. Instead, only one spouse completes and files the complaint. The filing spouse is the "plaintiff," and the other spouse is the "defendant."

If you don't have children and own limited property, LawHelp Interactive provides a questionnaire developed by Legal Aid of Arkansas that will produce the documents you need to file for divorce.

Arkansas doesn't have a statewide approved form for the complaint. However, the Circuit Court Clerk's office in the county where you're filing might have forms you can use.

Instead of tracking down and filling out the forms yourself, you can use an online divorce service. The service will provide completed forms based on your answers to a questionnaire and walk you through the divorce process.

Filing Your Uncontested Divorce Paperwork

After you've completed and signed the forms, you'll file the divorce paperwork with the Circuit Court Clerk's office in the county where you live. If you're not an Arkansas resident, you should file in the county where your spouse lives. (Ark. Code § 9-12-303(a) (2026).)

Some circuit courts in Arkansas allow you to file your divorce papers electronically through the state's eFlex system. You'll have to pay a one-time $100 registration fee to sign up, plus a small electronic filing fee when you file a new case.

The filing fee for divorce is generally $165: a $150 filing fee plus a $15 court technology fee (as of 2026, but subject to change). Confirm the amount with the court clerk before you file.

If you can't afford the filing fee, you can ask the court for a waiver. To do this, you’ll need a Petition for Leave to Proceed In Forma Pauperis and a supporting affidavit. Arkansas Law Help provides both. If the court grants your petition, you won't have to pay court filing fees or a service of process fee. (Ark. Rules Civ. Proc. Rule 72 (2026).)

Serving the Divorce Paperwork

When you file your divorce paperwork, the court clerk will issue a summons. You'll need to notify your spouse of the divorce by serving them with a copy of the divorce paperwork and the summons.

In an uncontested divorce, you can skip formal service if your spouse signs an Entry of Appearance and Waiver of Service of Summons in front of a notary and files it. You can find this form in the divorce information packet provided by Arkansas Law Help. If your spouse won't sign the waiver, you can serve them by having the sheriff or a private process server hand-deliver the papers or mail them. If you use first-class mail, you must include a form for your spouse to sign and return to acknowledge receipt of the papers. Confirm the proper service procedures with the court clerk or a lawyer.

If you don't receive your spouse's acknowledgment within 20 days after you mailed the package by regular mail, you'll have to use another method of service. Usually, that means paying the sheriff's office or another court-approved process server to hand-deliver the documents. In that case, the judge will order your spouse to pay the cost unless your spouse had a good reason for not returning the acknowledgment in time. (Ark. Rules Civ. Proc. Rule 4(g)(1)(B) (2026).)

If you can’t find your spouse, check with the court clerk about alternative methods of service, such as publication in a newspaper.

It’s important to remember that you must serve your spouse within 120 days after filing the divorce complaint, or ask the court for more time before those 120 days run out. If you don't, the court will dismiss your case, and you'll have to file again and pay the fee a second time. (Ark. Rules Civ. Proc. Rule 4(i) (2026).)

How Long Does It Take to Get an Uncontested Divorce in Arkansas?

After you file your complaint, Arkansas has a mandatory 30-day waiting period before the court can grant your divorce. The court also can't enter the final decree until one of you has lived in the state for a full three months. (Ark. Code § 9-12-307(a)(1) (2026).)

The 30 days start on the date you file your complaint, not when your spouse is served or signs a waiver. Most uncontested divorces are finalized soon after the waiting period ends. Still, the process could take longer if you and your spouse need extra time to complete the paperwork or finalize your agreement. It could also take longer if your judge's calendar is full. If you resolve all the issues and sign the necessary documents promptly, you'll be ready to finish your divorce as soon as the 30 days have passed.

Do You Have to Attend a Hearing?

Once the waiting period is over, you can ask the court clerk for a hearing date. At the hearing, you'll present your settlement agreement and the evidence supporting your complaint, including testimony from the witness who can confirm your residency and, if it's your ground for divorce, your 18-month separation.

Some Arkansas judges allow couples to finish an uncontested divorce by affidavit (also called "by deposition")—meaning there won't be a hearing. This option is usually available when your spouse signs a waiver of service or doesn't file an answer by the deadline. You'll file your own sworn statement covering residency and your grounds for divorce, along with your witness's sworn statement. If the judge finds the paperwork sufficient, they might sign the divorce decree without a hearing.

Because local practices vary, call your judge's trial court administrator to ask whether your judge allows divorce by affidavit and what the judge requires. You can find sample depositions on the Arkansas Law Help website. If you do have to appear, try to get to court a little early so you can familiarize yourself with your surroundings and let court personnel know you've arrived.

How Much Does an Uncontested Divorce Cost in Arkansas?

As a rule, an uncontested divorce is a lot cheaper than a traditional, contested divorce. That's because many couples can complete the uncontested divorce process without hiring lawyers, which can lead to big savings on the normal cost of divorce.

The basic cost of an uncontested divorce is usually the $165 court fee to file the divorce papers. If you have a sheriff or other process server serve your spouse, you'll pay an additional fee.

Beyond these court costs, your costs will depend on whether you get a "pure" do-it-yourself divorce or need some help with the process:

  • Online divorce services typically charge between $150 and $700 to provide and complete the divorce forms and settlement agreement.
  • If you need help reaching a settlement agreement, the cost of divorce mediation can vary widely, depending on the number and complexity of the issues. Typical total costs range from about $3,000 to $8,000, with each spouse normally paying half.
  • If you're splitting retirement accounts related to your employment (like a 401(k) or pension), you'll probably need to pay an expert to prepare the special court order known as a "qualified domestic relations order" (QDRO).

And, of course, if you hire lawyers, your costs will go up. But you can probably minimize lawyers’ fees by getting help only when it’s truly necessary.

Do You Need a Lawyer to Get an Uncontested Divorce?

Many couples can handle an uncontested divorce in Arkansas without a lawyer, either on their own or with an online divorce service. But it's a good idea to have a family law attorney review your settlement agreement to be sure it's fair and protects your rights.

If you have complicated assets, like retirement plans or a family business, a lawyer or a mediator with financial expertise can help draft the agreement. The cost will depend on the lawyer's hourly rate and the time involved, but it should be much less than paying an attorney to handle your entire divorce.

You can find Arkansas's official state code on LexisNexis. Once you reach the Arkansas page, either enter a specific code section in the search bar or scroll down to find Title 9: Family Law, then toggle through the menu to find the sections you want to read.

Arkansas Law Help offers free assistance to eligible people. It’s worth reaching out to legal aid or a private family law attorney because even in an uncontested case, your decree finalizes decisions about property, retirement accounts, and your children that are hard to undo later.