Arkansas Divorce Self-Help Tools

An uncontested divorce in Arkansas can be finalized in as little as 30 days after filing the complaint, as there is a mandatory 30-day waiting period. However, the actual time can vary depending on court schedules and whether all issues are agreed upon. Contested divorces can take significantly longer, often several months to over a year.

While you are not legally required to have a lawyer to file for divorce in Arkansas, it is highly recommended, especially if your case involves complex issues like child custody, significant assets, or disagreements with your spouse. An attorney can ensure your rights are protected and that all legal requirements are met.

Arkansas recognizes both no-fault and fault-based divorces. For a no-fault divorce, spouses must have lived separate and apart without cohabitation for 18 continuous months (Ark. Code Ann. § 9-12-301(b)(5)). Fault-based grounds, such as adultery, felony conviction, or cruel treatment, are also available under Ark. Code Ann. § 9-12-301.

Arkansas is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally. The court will distribute marital property one-half to each party unless it finds such a division to be inequitable, considering various factors like the length of the marriage, age, health, occupation, income, and contributions of each party, including as a homemaker. (Ark. Code Ann. § 9-12-315).

Arkansas is one of the few states that still recognizes dower and curtesy (Ark. Code Ann. § 28-11-101). These are common law rights that ensure a surviving spouse receives a share of the deceased spouse's real property. While primarily relevant in inheritance, these historical concepts underscore the state's unique approach to marital property rights, though they are less directly impactful in divorce property division than equitable distribution principles.