Arkansas Divorce: What You Need to Know

Divorce is the termination or annulment of a marriage in Arkansas. This process involves various procedures and methods exclusive to the state and are outlined below.

How Does Divorce Work in Arkansas?

In Arkansas, the law requires that one of the spouses must have lived in the state for at least 60 days before filing. Additionally, they must reside in the state until the divorce case is finalized. The case is usually filed in the county where the spouse initiating the filing resides.

The state requires a 30-day waiting period after filing before a divorce decree may be issued. This waiting period allows parties time to respond to the case, as well as gives the court sufficient time to process the case.

Residents of Arkansas may file for fault-based or no-fault divorces. A no-fault divorce means that couples may terminate their marriage without having to prove that one spouse did something wrong or was at fault. Here, the couple must have been living apart for at least 18 months, with no cohabitation during that time. For fault-based divorces, the plaintiff must prove a case of misconduct such as adultery, cruelty, habitual drunkenness, felony conviction, or willful desertion.

The duration of the divorce proceeding may be short if it is uncontested or long in the case of a contested divorce.

Contested divorces, where disputes exist, often take longer and may involve multiple hearings, mediation, and trial.

Types of Divorce in Arkansas

In Arkansas, the process of pursuing divorce may be approached in various ways, depending on the circumstances surrounding the case.

• Uncontested divorce: The spouses agree on the division of property and other issues. It is fast, cheap, and usually does not involve court trials.
• Contesteddivorce: The court will settle the divorce case for the spouses and decide the outcome of issues such as custody and property division.
• No-fault divorce: Couples may terminate their marriage if they have been separated for at least 18 months and have not cohabited.
• Fault-based divorce: The plaintiff must submit proof of misconduct, such as adultery, abuse, or desertion, to the court.
• Collaborative divorce: In this scenario, divorcing couples work with attorneys or other professionals to reach a mutually agreed-upon settlement outside of court.

Arkansas Divorce Court Process and Forms

The Circuit Court in the county where either spouse resides is responsible for managing divorce records. The divorce process begins when one of the spouses files a Complaint for Divorce with the clerk’s office. The grounds for divorce and other requests regarding custody, property, and support are clearly stated in the complaints.

Additionally, other documents, including summons and financial disclosure forms, must be submitted along with the complaints. A parenting plan is required in divorce cases involving children.

The plaintiff must serve the defendant with copies of the divorce documents. The defendant may agree to the divorce, and the case may be resolved quickly. If they contest the case, it proceeds to hearings with evidence in the court.

The divorce is finalized when the judge signs a Decree of Divorce. This decree determines how the properties are to be shared, as well as the custody and support for the children.

City- and County-Level Filing Details

Since divorce cases are handled at the Circuit Court of each county, individuals must contact the clerk’s offices for information on filing divorce cases. Individuals may obtain such information from the following major counties in Arkansas:

• Pulaski County (Little Rock):
  • Courthouse: Pulaski County Courthouse, 401 West Markham Street, Little Rock, AR 72201.
  • Services: Individuals may visit the clerk’s office to obtain forms for filing in divorce cases.
• Benton County (Bentonville):
  • Courthouse: Benton County Circuit Court, 102 Northeast A Street, Bentonville, AR 72712.
  • Services: The clerk’s office assists the public in filing divorce documents.
• Washington County (Fayetteville):
  • Courthouse: Washington County Courthouse, 280 North College Avenue, Fayetteville, AR 72701.
  • Services: The court offers an online portal where anyone may search for divorce records.
• Sebastian County (Fort Smith):
  • Courthouse: Sebastian County Circuit Court, 901 South B Street, Fort Smith, AR 72901.
  • Services: Forms are available at the clerk’s office. The court also reports statistical information to the public.
• Craighead County (Jonesboro):
  • Courthouse: Craighead County Courthouse, 511 South Main Street, Jonesboro, AR 72401.
  • Services: Individuals may obtain copies of divorce forms from the clerk.

How to Search for Divorce Records in Arkansas

Although Arkansas divorce records are examples of public records, certain information containing sensitive details, such as Social Security numbers and financial account details, is redacted. The complete report may be obtained from the Circuit Court Clerk in the county where the divorce was filed.

There are several ways to access divorce records in Arkansas, which include:

• Local courthouse: Individuals may visit the Circuit Court Clerk’s office in person to access copies of divorce records. They must pay a fee to obtain certified copies of the divorce decree.
• Online Court Access: The Arkansas Administrative Office of the Courts provides a CourtConnect portal, where applicants may search for case information by case number.
• The Arkansas Department of Health (ADH): The ADH provides a Vital Records Online Service that allows the public to access divorce records. Applicants may also complete a Divorce Coupon Application Form and submit it by mail or in person to the ADH.

Key Points

• Anyone may file a divorce case in Arkansas at the Circuit Court of the county where either spouse resides.
• One of the spouses must reside in the state for 60 days before filing, and the divorce proceeding may not be finalized until at least 30 days after the initial filing.
• In Arkansas, divorcing couples may file for a fault-based or no-fault divorce.
• Divorce cases may be uncontested, contested, or filed as a collaborative divorce.
• Divorce cases involving parents with minor children require them to attend parenting classes.
• Anyone may access divorce records in Arkansas online, by mail, or in person at the circuit court clerk’s office. They may also access the documents from the Arkansas Department of Health online, in person, or by mail.