Am I Eligible to File for Divorce in Arkansas? (2026)

Disclaimer: General legal information only. Not legal advice.

Residency Requirement — Two Stages

Arkansas has a uniquely two-stage residency structure:

You need residency for both. If you file at day 60, the earliest the Decree can be entered is day 90 (3 months) — assuming the 30-day waiting period has also run.

Which county? File at the Circuit Court in the county where either spouse currently lives.

Grounds for Divorce

No-Fault Option 1 — General Indignities

The standard no-fault ground in Arkansas. Alleges that your spouse's conduct has rendered your condition intolerable. In an uncontested case, you simply state this in the Complaint — you don't need to prove specific misconduct.

No-Fault Option 2 — 18-Month Separation

If you and your spouse have lived separate and apart for 18 consecutive months without cohabitation, either party may use this as a ground. No need to allege general indignities.

Fault Grounds (Rarely Used in Uncontested Cases)

• Adultery
• Felony conviction
• Habitual drunkenness for 1 year
• Impotence at time of marriage
• Cruel and barbarous treatment
• Willful non-support for 12 months
• Incurable insanity (with 3+ years institutionalization)

What Cannot Be Divorced

• Common-law marriages (Arkansas recognizes valid common-law marriages from before November 1997 only)
• Same-sex couples validly married in another state: Arkansas courts have jurisdiction to dissolve these marriages

Eligibility Checklist

• Either party has lived in Arkansas for at least 60 days (to file) ✅
• Either party will have lived in Arkansas for 3 months before the Decree is entered ✅
• Ground identified: general indignities, 18-month separation, or fault ground ✅
• Circuit Court county identified (where either spouse lives) ✅
• Corroborating witness identified (unless waived by local court) ✅

Last reviewed: March 2026 | 60 days to file | 3 months for Decree | General indignities | 18-month separation alternative | Circuit Court | arcourts.gov

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