Divorce
Divorce Lawyers in Arkansas
When you are facing the end of a marriage, the legal system can feel overwhelming. The decisions made during this time will impact your finances, your assets, and your relationship with your children for years to come.
Having experienced divorce lawyers in Arkansas by your side can help: they can protect your rights and be your strategic advocate through the state’s complex, and sometimes restrictive, family court system.
Why Choose Wilmoth Law Firm to Handle Your Divorce in Arkansas
Filing for a divorce in Arkansas requires precision, strategy, and an attorney who refuses to settle for less than you deserve. Founded by Sammi Wilmoth, Esq. is a proud, woman-owned practice dedicated to compassionate advocacy and uncompromising litigation. Sammi was recently named to the 2025 Arkansas “Best Lawyer in America” and 2025 Super Lawyers lists.
Sammi is known as a perceptive, detail-oriented lawyer who prides herself on noticing the critical financial and legal details that other attorneys often miss. When you work with Wilmoth Law Firm, you are not handed off to an inexperienced associate: you receive personalized, one-on-one attention directly from a highly decorated partner.
What Our Clients Say
- “I highly recommend Wilmoth Law Firm. Sammi and her team are the absolute best. She represented me through a rough patch. Sammi is definitely very knowledgeable and overall just great at her job. Both her and Alyssa (her assistant) were so happy and willing to answer all my questions and concerns. Sammi was so kind, professional, and understanding. I am forever grateful.”– Z.D.
- “Wilmoth Law Firm is amazing! Mrs. Sammi helped us from beginning to end! Any questions or concerns, she was very responsive! Very timely! She is dedicated to helping her clients! We had a very good experience with Wilmoth Law Firm!! We highly recommend!” – J.G.
How to File for Divorce in Arkansas
Understanding how to file for divorce in Arkansas begins with establishing jurisdiction. You cannot simply walk into a courthouse and file; you must meet the state’s strict residency requirements.
Either you or your spouse must have been an actual resident of Arkansas for at least 60 continuous days immediately before filing the Complaint for Divorce. Furthermore, one spouse must maintain residency in Arkansas for three full months before the judge can sign the final divorce decree. Unlike many states, where you simply check a box confirming your residency, Arkansas requires a third-party corroborating witness: someone willing to sign a sworn affidavit or testify that you have lived in the state for the required timeframe.
Once residency is met, you must select your legal grounds, draft the official Complaint, and file it with the local circuit court clerk.
Arkansas Divorce Laws
If you are entering the family court system, you need to understand how Arkansas divorce laws govern the division of your life.
Arkansas is an equitable distribution state, which means the court divides marital property fairly, though not automatically 50/50. A judge will look at the length of the marriage, each spouse’s age, health, occupation, income, and contributions (including homemaking) to determine what constitutes a “fair” split.
One of the most unique aspects of Arkansas law is its strict requirement for corroboration. You cannot simply agree with your spouse on certain facts to expedite the process. The state requires independent, third-party testimony or affidavits to prove residency and—in no-fault cases—to prove that you have been separated for the mandatory time period.
What Are Grounds for Divorce in Arkansas?
To file for a legal separation or divorce, you must provide the court with a legally acceptable reason for the marriage ending. When determining your grounds for divorce in Arkansas, you essentially have two paths: a no-fault track or a fault-based track.
Is Arkansas a No-Fault Divorce State?
Arkansas is a hybrid state. It does offer a no-fault option, but it comes with a massive hurdle: spouses must live separate and apart for 18 continuous months without cohabitation.
This is the longest mandatory separation period of any U.S. state. During these 18 months, you cannot resume marital relations or live together for even a single night. If you do, the 18-month clock immediately resets to day one. Furthermore, this 18-month separation must be verified by a third-party corroborating witness.
What Is Fault-Based Divorce?
Because 18 months is an incredibly long time to wait to simply file paperwork, many couples opt for a fault-based divorce. Proving fault allows you to file immediately without any prior separation period.
The recognized fault-based grounds for divorce in Arkansas include the following:
- General Indignities: The most common ground. It refers to a continuous course of conduct (like neglect, verbal abuse, or hostility) that makes the marriage intolerable.
- Adultery: Being unfaithful during the marriage.
- Cruel and Barbarous Treatment: Physical abuse or behavior that endangers your life.
- Habitual Drunkenness: Sustained intoxication or substance abuse lasting at least one year.
- Conviction of a Felony: Being convicted of an infamous crime.
- Willful Non-Support: When a spouse has the means to provide for the family but refuses to do so.
- Incurable Insanity: Requires the spouse to have been institutionalized for at least three years.
What Is the Process for Filing for Divorce?
- Establish Jurisdiction (60-Day Minimum): Ensure that you or your spouse has lived in Arkansas for a minimum of 60 days to satisfy the state’s filing requirements.
- File the Complaint for Divorce: Your divorce attorneys in Arkansas will draft and file a Complaint for Divorce in the circuit court, identifying the legal grounds and outlining your terms regarding asset division, alimony, and child custody.
- Serve Your Spouse: The filed paperwork must be legally served to your spouse. Once served, they typically have 30 days to file an official response with the court.
- Discovery and the Waiting Period (Mandatory 30 Days): Arkansas requires a minimum 30-day “cooling off” period from the date of filing before a decree can be granted. During this time, both sides exchange an Affidavit of Financial Means to disclose all assets and debts.
- Final Hearing and Decree: If the parties agree to a settlement, the final hearing is brief, and the judge signs the decree. If the parties cannot agree, the case proceeds to mediation or a formal trial where the judge will make the final binding decisions.
How Long Does a Divorce Take in Arkansas?
The timeline heavily depends on the grounds you choose and whether the divorce is contested vs uncontested.
- Fault-Based (Uncontested): No required separation; minimum timeline is typically 30 to 90 days.
- Fault-Based (Contested): No required separation; minimum timeline is typically 6 to 18+ months.
- No-Fault: 18 months of required separation; minimum timeline is typically 19 to 20+ months.
Even if you agree on every single detail on day one, Arkansas enforces a strict 30-day mandatory waiting period after the initial filing before a judge is legally permitted to sign a divorce decree.
Uncontested Divorce in Arkansas
An uncontested divorce in Arkansas occurs when both spouses agree on 100% of the divorce terms, including the division of real estate, debt allocation, child custody, visitation schedules, and spousal support.
Uncontested cases are the fastest and most affordable way to dissolve a marriage. However, you must still establish legal grounds (typically “general indignities” to bypass the 18-month wait), submit a comprehensive marital settlement agreement, provide third-party corroboration for residency, and wait out the mandatory 30-day period.
How Much Does a Divorce Cost in Arkansas?
The base filing fee for a divorce in Arkansas circuit courts ranges from $165 to $185, depending on the county. However, the true cost depends on the complexity of your case.
For an amicable, uncontested separation, many attorneys offer a flat fee. For highly contested litigation involving high-net-worth asset division, hidden finances, or contentious child custody battles, attorneys generally bill by the hour against a retainer.
Common Reasons for Divorce in Arkansas
Aside from the state’s 18-month separation rule, couples end their marriages for a variety of personal reasons. The most common legally cited reasons for divorce in Arkansas fall under the umbrella of “general indignities.” This broad category covers a breakdown in communication, chronic hostility, financial infidelity, or simply growing apart to the point where sharing a life is no longer tolerable. Adultery and substance abuse also frequently drive filings.
Divorce in Arkansas With Children: How Is Custody & Visitation Decided?
child.” Under Arkansas law, there is a legal presumption in favor of joint custody.
Courts believe that children thrive when they have consistent, meaningful contact with both parents. A judge will evaluate the home environment, the capacity of each parent to provide for the child, past caretaking roles, and any history of domestic violence or substance abuse before approving a final custody and visitation schedule.
Is Spousal Support Available in Arkansas?
Yes. Alimony (spousal support) is available, but it is not guaranteed. Arkansas judges award alimony based strictly on two factors:
- One spouse’s need for financial support, and
- The other spouse’s ability to pay.
The court will look at the length of the marriage, each party’s earning capacity, health, and standard of living established during the marriage. Alimony in Arkansas is often designed to be rehabilitative (providing temporary support until the lower-earning spouse can become financially independent), though long-term or permanent alimony is sometimes awarded after lengthy marriages.
FAQs for Divorce Lawyers in Arkansas
Where to File for Divorce in Arkansas
You must file your Complaint for Divorce in the circuit court of the county where the plaintiff (the person filing) currently resides, provided they have lived in Arkansas for the requisite 60 days.
Do You Have to Be Separated Before Divorce in Arkansas?
No, unless you are specifically filing for a no-fault divorce. If you file under a fault-based ground, such as general indignities or adultery, there is no requirement that you live apart before initiating the divorce.
Does It Matter Who Files for Divorce First in Arkansas?
From a legal standpoint, no. Arkansas courts divide assets and determine custody based on facts and equity, not based on who raced to the courthouse first. However, the person who files first (the plaintiff) does get the procedural advantage of presenting their case first during a trial.
How Long After Divorce Can You Remarry in Arkansas?
You can remarry immediately. Once the judge signs your final divorce decree and it is formally entered into the court record, your marriage is legally dissolved. There is no post-divorce waiting period in Arkansas.
Contact an Arkansas Divorce Lawyer at Wilmoth Law Firm
You do not have to navigate the Arkansas family court system alone. Call Wilmoth Law Firm today at 479-443-8080 or contact us online to schedule a free consultation today. We are located in Fayetteville, Arkansas.