Getting Divorced Without Going to Court in Arkansas (Divorce by Affidavit)

Going to court is intimidating. The idea of standing before a judge, swearing an oath, and testifying about your marriage ending is enough to make anyone anxious. It feels like a scene from a TV drama, and it’s the last thing you want when you’re just trying to move on.

Here is the good news: In Arkansas, you might not have to.

If you and your spouse agree on everything, you may be able to use a process often called "Divorce by Affidavit" (or sometimes "Divorce by Deposition"). This allows you to submit sworn written statements to the judge instead of appearing in person. If the paperwork is perfect, the judge reviews it in their office, signs your decree, and you’re divorced—without ever stepping foot in a courtroom.

But there is a catch: strict rules apply. This guide will walk you through exactly who qualifies, the forms you need, and the "unbreakable rules" you must follow to skip the hearing.

Key Takeaways

• It’s for uncontested cases only: You and your spouse must agree on every single issue (property, debt, alimony) before you file.

• Children usually mean court: If you have minor children, most Arkansas judges may require a short hearing to ensure the custody arrangement is in the child's best interest.

• You still need a witness: Even without a hearing, Arkansas law requires a third-party witness to swear you have lived here for 60+ days. This is done via a "Witness Affidavit."

• The 30-day wait: You cannot be divorced in less than 30 days from the day you file the waiver, no matter how fast you turn in your paperwork.

Table of Contents

1. Do You Qualify for a Divorce by Affidavit?

2. The Step-by-Step Process

3. The Documents You Will Need

4. The "Secret" Ingredient: The Witness Affidavit

5. Timeline: How Long Does It Take?

6. Common Mistakes That Force You Into Court

7. When You Should Talk to a Lawyer

Do You Qualify for a Divorce by Affidavit?

Not every divorce can be handled by paperwork alone. Judges are protective of their role, and they will only waive a hearing if the case is simple and the law allows it.

To use this process, you generally must meet all of the following criteria:

• Residency: You or your spouse have lived in Arkansas for at least 60 days before filing.

• Uncontested: You and your spouse agree on 100% of the issues. If you are fighting over who keeps the toaster, you are going to court.

• No Minor Children: This is the big one. While Arkansas law doesn't explicitly ban affidavit divorces with children, most judges require a hearing if kids are involved. They have a legal duty to verify that child support and custody arrangements serve the child's best interest, and they usually want to do that face-to-face.

• No "Covenant Marriage": If you signed a Covenant Marriage license (which requires counseling before marriage), the rules are much stricter and usually require a hearing.

Note: If you meet these rules, the "Divorce by Affidavit" effectively lets your sworn written statement take the place of your oral testimony.

The Step-by-Step Process

If you qualify, here is how the process typically flows.

1. Prepare and File the Complaint

You (the Plaintiff) file a Complaint for Divorce with your county’s Circuit Clerk. This document tells the court you meet the residency requirements and states the "grounds" for divorce.

• Most common ground: "General Indignities" or "18 Months Separation".

• Fee: Expect to pay a filing fee of around $165 (varies by county).

2. The Waiver of Service (Crucial Step)

Instead of paying a sheriff to serve papers to your spouse, your spouse signs a Waiver of Service and Entry of Appearance.

• This form must be signed in front of a notary.

• It tells the judge: "I know about the divorce, I agree with everything in the Complaint, and I don't need to be notified of any hearings".

3. The Property Settlement Agreement

You and your spouse sign a contract dividing everything—debts, cars, bank accounts, and furniture. This document is attached to your decree.

• Tip: Be specific. Don't say "we will split the credit card." Say "Husband pays the Visa ending in 1234; Wife pays the Mastercard ending in 5678".

4. The Waiting Period

Arkansas has a mandatory 30-day waiting period. Crucially, this clock starts the day the signed Waiver is filed, not necessarily the day you file the Complaint. You cannot finalize the divorce before this clock runs out. Use this time to get your final affidavits ready.

5. Submit the Final Affidavits (The "No Court" Part)

Once the 30 days are up, you submit your final package to the judge. Instead of standing in the courtroom, you hand the clerk these sworn documents:

• Affidavit of Plaintiff: You swear under oath that the facts in your Complaint are true and you still want a divorce.

• Affidavit of Witness: (See below—this is where people get stuck!).

• Proposed Decree of Divorce: The final document for the judge to sign.

The Documents You Will Need

Organization is key. Before you start, make sure you have a plan for these essential documents:

The "Secret" Ingredient: The Witness Affidavit

This is the #1 reason self-help divorces get rejected.

Arkansas law requires a third-party witness to corroborate your residency. The judge cannot just take your word for it that you’ve lived here for 60 days.

• Who can be a witness? A friend, family member, or neighbor who is over 18 and knows you well.

• What do they do? They don't need to know why you are divorcing. They just need to sign a notarized document saying: "I know [Plaintiff], I visit them often, and I know for a fact they have lived in Arkansas for more than 60 days."

If you forget this document, the judge cannot grant your divorce.

Timeline: How Long Does It Take?

Many people ask, "Can I get divorced in a week?" The answer in Arkansas is no.

• Day 1: File Complaint.

• Day 3–5: File the Waiver of Service (This starts the 30-day clock).

• Day 35: Earliest possible date to submit final Decree and Affidavits.

• Day 35–60: Judge reviews the file.

Realistic Total Time: 45 to 60 days.

Note: This depends on how busy your specific judge is. Some sign paperwork in days; others take weeks.

Common Mistakes That Force You Into Court

Even if you want to skip court, the judge can force you to appear if your paperwork is sloppy. Avoid these traps:

1. Vague Debts: If you list "all debts paid" but the judge sees a mortgage on your credit report, they may call you in to explain.

2. Missing Notary Seals: Every affidavit and waiver must be notarized. If a seal is blurry or missing, the clerk will reject it.

3. Signing Too Early: Your Affidavit of Plaintiff (the one replacing your testimony) should generally be signed after the 30-day waiting period ends. If you sign it on Day 1, the judge might say your testimony is "stale" because things could have changed in 30 days.

4. No Witness: As mentioned above, missing the witness affidavit is an automatic fail.

When You Should Talk to a Lawyer

Self-help is great for simple cases, but it’s dangerous for complex ones. Please consider getting legal advice if:

• There is a pension or 401(k): You usually need a special court order (QDRO) to split these without tax penalties. A standard DIY divorce decree won't handle this correctly.

• You feel unsafe: If there is a history of domestic violence, do not negotiate directly with your spouse. The affidavit process requires cooperation that may not be safe for you.

Ready to take the next step?

You don't have to figure out the forms alone. ArkansasLegalNow can help you generate the documents you need for a smooth, uncontested divorce.

• Simple: Guided questions help you fill out the forms correctly.

• Affordable: A fraction of the cost of hiring a lawyer.

• Court-Ready: We provide the Affidavits and Waivers you need to request a hearing waiver.

Get Started

Sources

Arkansas Code § 9-12-306 (Corroboration of Residence)

Arkansas Code § 9-12-307 (Residency Requirements)