How to File for Divorce in Arkansas Without a Lawyer: A Practical Guide
Brandon Haubert
Jan 8, 2026
Divorce is rarely a walk in the park. Whether you and your spouse agree on everything or you're just ready to move on, the legal process in Arkansas can feel like a maze. If you are reading this, you are likely trying to figure out if you can handle this yourself (DIY) to save money and keep things simple.
The short answer is: Yes, you can file for divorce in Arkansas without a lawyer.
However, Arkansas has some unique rules—like a mandatory separation period for "no-fault" cases—that trip people up. My goal today is to walk you through the process step-by-step, plain and simple, so you can decide if a DIY divorce is the right path for you.
Key Takeaways
Residency Matters: You must live in Arkansas for 60 days before filing.
The 18-Month Rule: For a "no-fault" divorce, you must live separately for 18 months. If you haven't, you usually have to file based on "fault" (like general indignities).
The Cost: Expect to pay around $165 in filing fees, plus costs for serving papers.
The Wait: There is a mandatory 30-day waiting period after filing before a judge can sign your decree.
Table of Contents
Step 1: The "Eligibility Check" Before You Start
Step 2: Gathering Your "Divorce Bible"
Step 3: Choosing the Right Forms
Step 4: Filing and Paying the Fees
Step 5: Serving Your Spouse (Don't Skip This!)
Step 6: The Waiting Period and Final Decree
When You Should Call a Lawyer
Step 1: The "Eligibility Check" Before You Start
Before you download a single form, you need to make sure you can legally file in Arkansas. If you miss these requirements, the court will likely dismiss your case, and you will lose your filing fee.
The Residency Rule
You cannot move to Arkansas on Monday and file for divorce on Tuesday. The law requires that either you or your spouse must have been a resident of Arkansas for at least 60 days before filing the initial Complaint for Divorce.
Furthermore, to get the final decree signed, you generally need to prove residency for a full three months. You will usually need a witness (someone who isn't you) to sign an affidavit swearing that you actually live here.
The "Grounds" for Divorce
This is where Arkansas differs from many other states. You must have a legal reason ("grounds") to end the marriage.
No-Fault (Separation): If you want a "no-fault" divorce (meaning no one is blamed), you and your spouse must have lived separately and apart for 18 continuous months without getting back together.
Fault (General Indignities): If you haven't been separated for 18 months, you generally have to allege a "fault." The most common is "General Indignities." This covers behavior that makes your life intolerable, such as constant criticism, rudeness, or controlling behavior.
Practical Note: If you file based on separation but haven't actually lived apart for 18 months, your divorce could be denied. Be honest about your timeline.
Step 2: Gathering Your "Divorce Bible"
I always tell people: Preparation saves frustration. Before you head to the courthouse, turn yourself into a detective for your own life.
Create a folder or binder (I call it the "Divorce Bible") and gather the following:
Income Info: Pay stubs, W-2s, and tax returns.
Assets: Bank statements, car titles, and deeds to your house.
Debts: Credit card statements, mortgage info, and loan documents.
Personal Info: Your marriage certificate and separation date.
If you have children, you will also need their health insurance costs and daycare expenses to calculate child support later.
Step 3: Choosing the Right Forms
Arkansas divides divorce paperwork into two main "packets." Choosing the wrong one is a common mistake that will get your paperwork rejected by the clerk.
1. Divorce WITH Children
Use this packet if you and your spouse have minor children (under 18) together. It includes extra forms for:
Child Custody and Visitation schedules.
Child Support Worksheets.
Health insurance coverage for the kids.
2. Divorce WITHOUT Children
Use this packet if you have no minor children together. It focuses strictly on property, debts, and alimony (spousal support).
Arkansas divorce paperwork is often simplified into two categories: divorce with children and divorce without children. Choosing the incorrect set of forms is a common mistake that can lead to rejection by the clerk.
At ArkansasLegalNow, you do not have to worry about choosing. You simply answer the questions as you go through the process, and the system will always generate the correct and complete forms for your specific situation.
The Essential Documents
Regardless of the packet, every divorce usually starts with these three documents:
Complaint for Divorce: This tells the court why you are filing and what you want (assets, debts, name change).
Summons: This is the notice that tells your spouse they are being sued for divorce.
Affidavit of Financial Means: A sworn statement of your income and expenses. This is mandatory in almost all cases involving money or support.
Resource: You can find official forms on the Arkansas Judiciary website or through self-help platforms like ArkansasLegalNow.
Step 4: Filing and Paying the Fees
Once your forms are filled out (neatly, in black or blue ink), take them to the Circuit Clerk's office in your county. You generally file in the county where you live. If your spouse lives in Arkansas but you don't, you may need to file in their county.
The Costs
Brace yourself for the fees. While you are saving thousands on attorney fees, it isn't free:
Filing Fee: typically around $165, though it varies slightly by county.
Payment Methods: Many courts accept cash, checks, or money orders. Some take credit cards, but not all—call your specific Circuit Clerk beforehand to verify payment options.
Fee Waivers: If you truly cannot afford the fee, you can ask the court for a "Fee Waiver" (In Forma Pauperis). You will have to prove your financial hardship to a judge.
Do not forget: Bring at least two extra copies of every document. The clerk keeps the original, but you need a file-stamped copy for yourself and one to serve to your spouse.
Step 5: Serving Your Spouse (Don't Skip This!)
This is the step where many DIY divorces stall. Filing the papers isn't enough; you must legally notify your spouse. This is called "Service of Process."
You generally have three options:
Waiver of Service (Best Case): If your spouse agrees to the divorce, they can sign a "Entry of Appearance and Waiver of Service of Summons." This saves you money and hassle.
Sheriff’s Service: You pay a fee (usually around $50) to have the County Sheriff hand-deliver the papers to your spouse. This is reliable and provides proof.
Process Server: You hire a private professional to deliver the papers. This is useful if your spouse is avoiding the Sheriff.
Warning: You cannot just hand the papers to your spouse yourself. That does not count as legal service.
Step 6: The Waiting Period and Final Decree
The "Cooling Off" Period
Arkansas law requires a mandatory 30-day waiting period from the date you file your Complaint. Even if you agree on everything today, the judge cannot sign your divorce decree until those 30 days are up.
The Response
Once served, your spouse has 30 days to file an "Answer."
If they agree (Uncontested): You can move forward with presenting your agreed-upon Decree to the judge.
If they fight it (Contested): They file a response disagreeing with your terms. This complicates things and may require mediation or a trial.
If they do nothing (Default): You may be able to ask the court for a "Default Judgment," granting you what you asked for because they didn't show up.
The Final Hearing
In Arkansas, you often still have to attend a brief hearing (or submit a deposition) to finalize the divorce. You will testify that you meet the residency and grounds requirements. Once the judge signs the Decree of Divorce, you are officially divorced.
When You Should Call a Lawyer
While I am a huge advocate for self-help, there are situations where going it alone is dangerous. Please consider speaking to an attorney or seeking legal aid if:
Safety is at risk: If there is domestic violence, get a lawyer to help with Orders of Protection.
Hidden Assets: If you suspect your spouse is hiding money or property.
The Military: If your spouse is on active duty, federal laws (SCRA) can delay or complicate proceedings.
Complex Pensions: Dividing a military pension or large 401(k) often requires a special order (QDRO) that is very hard to draft yourself.
Ready to Take the Next Step?
Filing for divorce is a heavy decision, but the paperwork doesn't have to be a nightmare. If you have a cooperative spouse and a straightforward situation, you can absolutely navigate this system.
At ArkansasLegalNow, we help Arkansans generate the right documents for their specific situation, without the high cost of a retainer.
Simple Process: We guide you through the questions plain and simple.
Court-Ready Forms: You get documents tailored to Arkansas law.
Peace of Mind: Know you are starting with the right packet.
Sources
Residency Requirements: Ark. Code Ann. § 9-12-307
Grounds for Divorce: Ark. Code Ann. § 9-12-301
Corroboration Requirement: Ark. Code Ann. § 9-12-306
Filing Fees: Arkansas Judiciary Filing Information