Arkansas Divorce When Your Spouse Won't Cooperate (2026)

If your spouse refuses to participate, Arkansas allows you to proceed to a default divorce after proper service and waiting periods.

Filing Without Cooperation

You do not need your spouse's agreement to file. File the Complaint for Divorce alone. Serve your spouse. If they don't respond, obtain a default.

Service Options for an Uncooperative Spouse

Option 1 — Acceptance/Waiver of Service

Even uncooperative spouses sometimes sign an Acceptance of Service to avoid having a sheriff appear at their home or workplace. Ask first — it's worth trying.

Option 2 — Sheriff's Service

The most common method for uncontested service. File the Summons with the Circuit Clerk. The Sheriff's office in the county where your spouse lives serves them. Sheriff files a Return of Service.

• Cost: ~$30–$60

Option 3 — Certified Mail

In some Arkansas courts, service by certified mail (restricted delivery, return receipt) is permitted. Check local rules for whether this is accepted in your county.

Option 4 — Service by Publication (Unknown Location)

If you cannot locate your spouse after a diligent search:

1. File an Affidavit of Diligent Search with the court
2. Court authorizes service by publication
3. Publish notice in a newspaper of general circulation in the county for a specified period (typically once per week for 4 weeks)
4. Cost: $75–$200 (newspaper fees)
5. Limitation: A default Decree entered on publication-only service may have limited effect on property division — the court can dissolve the marriage but may not be able to fully adjudicate all property claims without personal jurisdiction

After Service — Response Deadline

Your spouse has 30 days after service to file an Answer. If they do not respond within 30 days, you may file a Motion for Default.

Default Process

1. File Motion for Default with the Circuit Clerk
2. Clerk enters a default (certifies that no Answer was filed)
3. Wait for both the 30-day post-filing period AND the 3-month residency requirement
4. Schedule a default hearing
5. At hearing: present your evidence, corroborating witness, and proposed Decree
6. Judge enters Decree of Divorce by default

Temporary Orders (Pendente Lite)

During the case, if your spouse is uncooperative and causing financial harm, file a Motion for Temporary Orders seeking:

• Exclusive use of the marital home
• Temporary support or alimony
• Freezing of marital accounts (to prevent dissipation)
• Temporary custody and child support (if children)

Corroborating Witness in Default Cases

A corroborating witness is still typically required even in default cases. Obtain the affidavit from a friend or family member who can testify to the marriage breakdown.

Last reviewed: March 2026 | 30-day response window | Motion for Default if no Answer | 3-month Decree residency still applies | Corroborating witness still required | Publication service available for unknown location | Temporary orders to protect assets

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.