Divorce · Arkansas

How to Get an Uncontested Divorce in Arkansas (2026)

By 6 min readReviewed by Brandon M. Haubert, November 6, 2026

The short answer

An uncontested divorce in Arkansas is one where you and your spouse agree on everything: property, debts, support, and any children. You still have to meet the state’s rules. One of you must have lived in Arkansas for 60 days before filing and for three full months before the decree, the judge can’t sign the decree until 30 days after you file, and you still need a legal ground. The filing fee is $165, or $185 to e-file.

“Uncontested” means you agree, not that the court skips steps. This guide explains what qualifies, what you have to prove, and how long it really takes.

Does your divorce qualify?

A divorce is uncontested when both spouses agree on the end of the marriage and on all the terms:

  • Who keeps the house, cars and accounts
  • Who pays which debts
  • Whether anyone pays alimony
  • Custody, parenting time and child support, if you have children

If you disagree on any of these, your case is contested. Partial agreement still helps, because you can settle some issues and ask the judge to decide the rest.

The rules you still have to meet

Requirement What it means
Residency before filing One spouse has lived in Arkansas for at least 60 days before the complaint is filed
Residency before the decree That spouse has lived in Arkansas for three full months before the decree is entered
Waiting period The judge can’t enter the decree until 30 days after the complaint is filed, even if you agree on everything
A legal ground Arkansas isn’t a “no-fault” state in the usual sense. You still have to state a ground. The common ones in uncontested cases are 18 months of separation or general indignities. See the grounds.
Proof of residence and separation Someone who isn’t a party to the case (a witness) has to back up your residency, and your separation if you use that ground, by testifying or signing a sworn affidavit

Many websites mention only the 60-day rule. The three-month residency rule before the decree matters if you haven’t lived in Arkansas for three months by the time you file. The grounds are in Ark. Code Ann. § 9-12-301, residency and the waiting period in § 9-12-307, and proof of residence and separation in § 9-12-306. The cause of divorce must also have existed within five years before you file.

If you use the 18-month separation ground, the separation must be continuous and you must not have lived together as spouses. Two addresses, such as leases or utility bills, are the best proof.

The steps

  1. Agree on the terms in writing

    Put the property, debt, support and parenting terms in a settlement agreement. If you have children, add a parenting plan and child support.

  2. Prepare and file the Complaint for Divorce

    File with the Circuit Clerk in the county where you or your spouse lives. You can file on paper or through eFlex. See our divorce filing guide for the forms checklist.

  3. Have your spouse sign a waiver of service

    A cooperative spouse can sign an Entry of Appearance and Waiver of Service in front of a notary, so you don’t have to hire a sheriff or process server.

  4. Finish your financial paperwork

    Complete the Affidavit of Financial Means, and, if you have minor children, the child support documents.

  5. Line up your witness

    The person who backs up your residency and separation can’t be you or your spouse. They don’t need to be a lawyer.

  6. Wait out the 30 days, then submit the decree

    After the waiting period, the judge can sign the Decree of Divorce. You’re divorced when the clerk files it.

Do you have to go to court?

Often not, but it depends on the judge and the county. Legal Aid of Arkansas describes a “divorce by affidavit” option in which the judge decides an uncontested case based on sworn written statements instead of a hearing. A judge can still require you to appear. Ask the Circuit Clerk or the court’s Trial Court Administrator what your judge expects. Our guide to divorce by affidavit walks through the paperwork.

What it costs

Item Typical cost
Circuit Clerk filing fee $165 on paper
E-filing through eFlex $185 to e-file
Sheriff or process server Not needed if your spouse signs a waiver
Notary Often free at a bank, otherwise a small fee
Fee waiver You can ask the court to waive fees if your income is very low (in forma pauperis)

Confirm the current fee with your county’s Circuit Clerk before you file. See what a divorce costs in Arkansas for the full picture.

How long it takes

Two clocks run at once: 30 days from filing, and three full months of residency before the decree. The earliest decree date is the later of the two. If you’ve lived in Arkansas for at least three months when you file, the 30-day wait is usually the limit, and uncontested cases often take about 45 to 60 days in practice. If you filed after exactly 60 days of residency, you can’t get the decree until you reach three months. Court calendars vary by county, so ask the clerk how far out judges are setting cases. See how long a divorce takes for the day-by-day timeline.

If your spouse won’t cooperate

  • Your spouse won’t sign a waiver. You can have them served by the sheriff, a process server, or certified mail with restricted delivery.
  • Your spouse is served but doesn’t respond. A defendant generally has 30 days to answer. If they don’t, the court may grant the divorce without more notice to them, but you still need to prove your case.
  • Your spouse disagrees on terms. That makes it contested. Consider mediation. See mediation vs. litigation.
  • You can’t find your spouse. That’s usually a reason to talk to a lawyer.

Common questions

Can I get an uncontested divorce without a lawyer in Arkansas?

Yes. Many people do, as long as both spouses agree on everything and the paperwork is complete.

How long does an uncontested divorce take in Arkansas?

At least 30 days from filing, and the decree can’t be entered until you have also met three full months of Arkansas residency. Many cases take about 45 to 60 days, but it varies by county and judge.

Do I need a witness?

Yes. Someone who isn’t a party to the case has to back up your residency, and your separation if you use that ground, by testimony or a sworn affidavit.

Do I have to blame my spouse?

You need a legal ground. The 18-month separation ground doesn’t require fault. See the grounds.

Can we live in the same house during the 18-month separation?

The separation has to be continuous and you can’t be living together as spouses. Living apart, with separate addresses, is the safest proof.

How much does an uncontested divorce cost?

The court filing fee is $165, or $185 to e-file. Other costs depend on whether you use a lawyer, forms service or process server.

Where do I get free uncontested divorce forms?

Legal Aid of Arkansas offers a free interactive packet for uncontested divorces without children. See our free forms comparison and the Arkansas divorce forms guide.

When you need a lawyer

Talk to an attorney, or call Legal Aid if money is tight, if:

  • There’s domestic violence or you feel unsafe.
  • You or your spouse have retirement accounts, a business or other significant assets.

Sources

ArkansasLegalNow is not a law firm and does not provide legal advice, legal representation, or legal services. The information provided is for informational and self-help purposes only and is not a substitute for professional legal advice.

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