How to Prepare for Divorce Mediation in Arkansas (A Step-by-Step Guide)
Brandon Haubert
Jan 9, 2026
Who this is for: Arkansas residents going through a divorce who want to resolve issues outside of court, save money on legal fees, and keep control of the outcome. What you’ll help them do: You will learn exactly how to organize your documents (including the specific Arkansas financial forms), understand how state custody laws affect your negotiations, and enter mediation with confidence.
Key Takeaways:
Mindset Shift: Mediation is about collaboration, not winning.
The "Golden" Form: Using the Arkansas Affidavit of Financial Means as your preparation guide.
Custody Reality: How Arkansas Act 604’s "joint custody presumption" shapes your parenting plan.
Cost Savings: Mediation is typically a fraction of the cost of a contested trial.
Finalizing It: How your agreement becomes a binding Court Order.
How to Prepare for Divorce Mediation in Arkansas (A Step-by-Step Guide)
If you are getting divorced in Arkansas, you have likely heard the horror stories of long, expensive court battles. But it doesn't have to be that way.
Most Arkansas divorces settle before they ever reach a trial. Mediation is the primary tool used to get there. It is a process where a neutral third party helps you and your spouse work out the details of your divorce—property, debt, and kids—on your own terms.
Preparing for mediation isn't just about gathering receipts; it's about shifting your mindset from "battle" to "business." You are dissolving a partnership, and the goal is to walk away with an agreement you can both live with.
Here is how to get ready for divorce mediation in Arkansas.
1. Understand the Arkansas Mediation Landscape
Before you start printing bank statements, you need to know what you are walking into.
In Arkansas, a mediator is a neutral guide. They are not a judge, and they are not your lawyer. Their job is to facilitate conversation, keep emotions in check, and help you find creative solutions. They cannot give you legal advice or tell you who is "right."
Is it Mandatory?
It depends. In many Arkansas counties, judges will order mediation if you and your spouse cannot agree on child custody. Even if the court doesn't order it, you can choose to do it voluntarily. It is often the smartest financial move you can make; a mediated divorce usually costs thousands less than a litigated one.
2. Your Secret Weapon: The "Affidavit of Financial Means"
The generic advice for mediation is "gather your financial documents." In Arkansas, we can be much more specific.
To prepare for mediation, you should draft a draft of the Affidavit of Financial Means.
This is a specific form required by Arkansas courts in domestic relations cases involving financial support (like alimony or child support). Even if you haven't filed it with the court clerk yet, using this form as your "prep checklist" ensures you have exactly what the court (and your mediator) needs.
You will need to gather:
Income Proof: Your last 3–6 months of pay stubs and your most recent W-2s.
Tax Returns: The last 2–3 years of state and federal returns (personal and business, if applicable).
Debts: Current statements for credit cards, student loans, car notes, and personal loans.
Assets: Bank account balances, retirement account statements (401k, IRA), and real estate deeds.
Pro Tip: If you own a home, check your county tax assessor’s website (like arcountydata.com for many counties) to get the legal description and tax appraisal of your property.
3. The "Act 604" Mindset: Preparing Your Parenting Plan
If you have children, this is likely your biggest source of anxiety. In 2021, Arkansas law changed significantly with Act 604.
Under current Arkansas law, there is a rebuttable presumption that joint custody (50/50) is in the best interest of the child.
What this means for your preparation: Unless there are serious safety concerns (like abuse or drug use), you should walk into mediation prepared to discuss how to make shared custody work, rather than arguing about if it should happen.
Prepare a calendar that answers these logistical questions:
How do we handle school drop-offs and pick-ups?
Where do we exchange the kids? (e.g., at school, a police station, or a public lot?)
How do we split holidays? (Most Arkansas standard visitation schedules rotate major holidays like Thanksgiving and Christmas annually).
What happens in the summer?
By acknowledging the state’s preference for joint custody, you save time fighting a losing battle and focus on creating a schedule that actually works for your kids' lives.
4. Explore the "Access and Visitation" Program
If you are arguing over custody or visitation but cannot afford a private mediator, Arkansas has a resource you should know about.
The Arkansas Access and Visitation Mediation Program is a grant-funded program that provides mediation services for parents with access, visitation, and custody disputes.
Who is it for? Parents (married, divorced, or never married) with a dispute about the kids.
What does it cost? For qualifying families, it can be free or significantly subsidized.
Limitation: This program generally covers custody and visitation issues, not property division.
You can check your eligibility or learn more through the Arkansas Judiciary’s ADR (Alternative Dispute Resolution) resources.
5. What Happens After Mediation?
One common misconception is that the mediator signs your divorce papers. They do not.
If you reach an agreement, the mediator (or the attorneys involved) will draft a document, often called a Mediated Settlement Agreement (MSA).
Review: You and your spouse review and sign the MSA.
Incorporation: This agreement is then "incorporated" into your final Divorce Decree.
Judge's Signature: An Arkansas judge must sign the Decree for it to be official.
Once the judge signs it, your agreement becomes a court order. If your ex violates it later, you can go back to court to enforce it—but you can't just change your mind because you didn't like the deal you signed. That is why preparation is so critical.
When to Talk to a Lawyer
While you can represent yourself in mediation (pro se), there are times you need professional legal backup. You should consider consulting an Arkansas attorney if:
Safety is at risk: There is a history of domestic violence or intimidation.
Complex Assets: You have a business, significant inheritance, or complicated retirement splitting (QDROs).
Imbalance of Power: You feel unable to speak up for yourself against your spouse.
Hidden Assets: You suspect your spouse is hiding money or debt.
A "consulting attorney" can review your mediated agreement before you sign it to make sure you aren't accidentally giving up rights under Arkansas law.
Next Steps
Mediation is about taking control of your future. By gathering your financial documents and thinking through your parenting goals now, you can turn a potential battle into a problem-solving session.
At ArkansasLegalNow, we help you navigate the legal system with confidence.
Free Resources: Access our library of guides on Arkansas family law.
Step-by-Step Forms: We offer court-approved form packets to help you file for divorce or custody modifications.
Simple Guidance: No legal jargon—just clear instructions to get you from A to B.
Ready to move forward? Get Started with ArkansasLegalNow