Arkansas Divorce Laws: Residency, Waiting Period, Custody and Support

Either spouse must have lived in Arkansas for 60 days before the divorce case is filed, and for three full months before the final decree is granted. If the other spouse cannot be personally served or does not appear, the filing spouse must have actually lived in Arkansas for at least three full months before the decree.

Arkansas's no-fault ground is living separate and apart for 18 continuous months without cohabitation; the court then grants a divorce at the request of either spouse, regardless of fault. Fault grounds include impotence, conviction of a felony or other infamous crime, habitual drunkenness for one year, cruel and barbarous treatment endangering life, indignities making the other's condition intolerable, adultery, three years' separation due to incurable insanity, and willful failure to provide support. Covenant marriages have their own grounds.

No divorce decree can be granted until at least 30 days after the complaint is filed.

Arkansas sets a uniform circuit court filing fee of $150 to start a case, and $50 to reopen a case with the same parties and issues. No fee is charged when the court allows an indigent person to proceed in forma pauperis under Rule 72 of the Arkansas Rules of Civil Procedure.

Arkansas uses equitable distribution. Marital property is divided one-half to each spouse unless the court finds that unfair; if it divides unequally, it must state its reasons, considering factors such as the length of the marriage, age and health, income, employability, needs, and each spouse's contributions, including as a homemaker. Non-marital property is returned to the spouse who owned it unless the court finds another division equitable. Non-marital property includes property acquired before marriage or by gift or inheritance, property received in exchange for such property, its increase in value and income, property excluded by a valid agreement, and certain disability and personal-injury benefits.

When a decree is entered, the court makes an order on alimony, if applicable, that is reasonable given the parties' circumstances and the nature of the case. Unless the court orders or the parties agree otherwise, alimony automatically ends on the recipient's remarriage, full-time cohabitation in an intimate relationship, certain support-related events treated as remarriage, or the death of either party. For rehabilitative alimony, the court may require the recipient to provide a rehabilitation plan. Either party may ask the court to modify alimony on a significant and material change of circumstances.

Custody is awarded without regard to a parent's sex, based solely on the child's welfare and best interest. The court may consider the child's preference if the child is of sufficient age and mental capacity to reason, regardless of chronological age. Joint custody is favored, and in an original custody decision in a divorce or paternity case there is a rebuttable presumption that joint custody (an approximately equal division of time) is in the child's best interest. The presumption can be rebutted by clear and convincing evidence, by the parents' agreement on custody, if a parent does not seek custody, or by other statutory presumptions such as domestic abuse.

Arkansas uses an income shares model based on both parents' incomes, set out in Arkansas Supreme Court Administrative Order No. 10 and the monthly Family Support Chart required since July 1, 2020. The chart amount is presumed correct unless the court finds in writing or on the record that applying it would be unjust or inappropriate. The Arkansas Judiciary provides a child support worksheet and an online Child Support Calculator.

When divorcing parents have minor children living with one or both of them, the court may require them to complete at least two hours of classes on parenting issues faced by divorced parents, or to go to mediation on parenting, custody and visitation. Each party pays their own cost, and a party may ask to skip mediation for good cause.

Yes. The circuit court can dissolve a marriage either fully or only from bed and board (a limited divorce, similar to legal separation), on the same grounds as divorce. Property a spouse acquires after a decree of divorce from bed and board is treated as non-marital property.

A marriage can be declared void by a court when either spouse could not consent because of age or lack of understanding, was physically incapable of entering marriage, or when either spouse's consent was obtained by force or fraud. The marriage is void from the time a court declares it so.

A grandparent or great-grandparent may ask for reasonable visitation if the parents' marriage ended by death, divorce or legal separation, the child was born outside marriage (paternity must be established for paternal grandparents), the custodian is unfit, or in certain other circumstances. A custodian's decision to deny or limit visits is presumed to be in the child's best interest. To overcome this, the grandparent must show a significant and viable relationship with the child (for example, the child lived with or was regularly cared for by them for six months, or frequent contact for 12 months) and that visits are in the child's best interest, including that losing the relationship is likely to harm the child.

When the court finds either party is entitled to a divorce, it may restore the wife to the name she had before the marriage.

Unless the court order specifically extends it, the duty to pay child support ends automatically when the child turns 18, unless the child is still in high school. If the child is still in high school, support ends at high school graduation or at the end of the school year after the child turns 19, whichever comes first. Support also ends when a court emancipates the child, or when the child marries or dies, when the child's parents marry each other, or when an adoption becomes final. A court may also order support to continue for an individual with a disability that affects the person's ability to live independently from the custodial parent. Unpaid support that is already owed must still be paid.

Apply to the Office of Child Support Enforcement (OCSE), part of the Arkansas Department of Finance and Administration. You can apply online, print an application ("Request for Services") and mail it or bring it to a local office, ask for one at a local office, or request one by phone at 501-371-5349. A parent, legal guardian or caretaker of a child under 18 who lives with them may apply, as can a person owed unpaid court-ordered support for a child over 18. A $25 application fee applies in some cases; no fee is charged to families referred because they receive SNAP, TEA or Medicaid, or whose child receives ARKids 1st. OCSE says to expect contact within 30 days after a complete application.

OCSE lists these tools: income withholding from wages, Social Security Disability, workers' compensation, unemployment and other income (all new or modified orders include automatic withholding); federal and state tax refund offset; monthly credit bureau reporting; levy on bank accounts found through the Financial Institution Data Match (arrears of at least $500 or three months of support, whichever is greater); suspension of driver's licenses, license plates, hunting and fishing licenses, and occupational, professional and business licenses when arrears equal at least three months of support; passport denial or revocation at $2,500 or more owed; contempt of court, which can lead to jail; and referral for state or federal criminal nonsupport prosecution.

A change of 20% or more in the gross income of the paying or receiving parent is a material change in circumstances that allows a parent to ask the court to modify child support. Either parent can also get help having an order reviewed at least every three years or whenever there is a substantial change in circumstances; if OCSE manages your case, ask for a review in writing at your local child support office. If you do not have an OCSE case, you can go to the court, consult a private attorney, or apply for OCSE services. Losing a job does not automatically change or stop the support owed.

Under the interstate custody law, an Arkansas court has temporary emergency jurisdiction if the child is present in Arkansas and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the emergency order lasts only until an order is obtained from that state's court.

The Arkansas Department of Health, Vital Records, issues divorce records to eligible people for $10 per copy. You can order online (plus a $5 processing fee and a $1.85 identity-verification fee), by mail with an application, a check or money order and a copy of your ID, by phone at (866) 209-9482, or in person at 4815 West Markham St., Little Rock (weekdays 8 a.m.–5 p.m.).

Couples must first get a license from the county clerk of any Arkansas county (in counties with two judicial districts, circuit clerks may also issue them). The clerk issues the license on application, once satisfied the applicants are legally entitled to marry, and on payment of the fee. The clerk records each applicant's Social Security number (or notes that the applicant has none). If the clerk doubts an applicant's age or a parent's consent, the clerk may require birth certificates or sworn affidavits. For a license issued to a 17-year-old with parental consent, there is a five-business-day waiting period.

A married couple together (even if one or both are minors), an unmarried adult, or the unmarried parent of the child may adopt; a married person may adopt alone only if the spouse is the child's parent and consents, the spouses are legally separated, or the court excuses the spouse. Arkansas courts have jurisdiction if the adopting person or the child is an Arkansas resident (special rules apply to infants). Written consent is generally required from the mother, a legal or qualifying father, anyone with custody, and the child if over 12. Consent is not needed from a parent who abandoned the child or who, for at least one year, failed significantly without justifiable cause to communicate with or support a child in another's custody. Before placement, a home study by a licensed child welfare agency or licensed certified social worker must be done and a written report filed before the hearing.

A married stepparent may adopt alone if the spouse (the child's parent) consents. Unless the court directs otherwise, no home study is required when the petitioner is a stepparent. The other parent's consent is required unless an exception applies, such as abandonment or failing significantly, without justifiable cause, for at least one year to communicate with or support the child. People whose consent is not obtained must receive notice of the hearing at least 20 days ahead.

Any person may petition the circuit court to appoint a qualified person as guardian. Before appointing a guardian, the court must be satisfied that the person is a minor (or otherwise incapacitated), that a guardianship is desirable to protect the person's interests, and that the proposed guardian is qualified and suitable. Minority must be shown by satisfactory evidence.

Any person may petition for a guardian of an incapacitated person; the petition must describe the incapacity and recommend the type, scope and duration of guardianship. Evidence of incapacity must include testimony or a sworn statement from one or more qualified professionals. Guardianship may be used only as necessary to protect the person's well-being and property, must encourage maximum self-reliance and independence, and may be ordered only to the extent of the person's actual limitations. The court must find a guardianship desirable to protect the person's interests and the guardian suitable.

A man is the legal father if he and the mother sign an acknowledgment of paternity under the vital records law; once submitted to the Division of Vital Records it is a conclusive finding of paternity and a basis for child support and visitation orders, and the father's name is added to the birth certificate. The Department of Health offers paternity services in its offices, and hospitals and birthing centers take part. A signer may rescind by filing the form with the Division of Vital Records before the earlier of 60 days after signing or a court or administrative proceeding about the child in which the signer is a party. After that, it can be challenged only for fraud, duress or material mistake of fact. In a court paternity case, the court must order scientific (DNA) testing on either party's motion.

A person files a verified written petition in circuit court stating the reasons, and the court may change the name for good reasons shown. The order lists the prior name, birth date, identifying information and new name; the clerk sends it to the Arkansas Crime Information Center and Driver Control (and Vital Records if requested). The court must seal the file if the petitioner shows by clear and convincing evidence that he or she would otherwise be endangered. The statute does not mention newspaper publication.

Arkansas calls this removal of disabilities of minority. The circuit court may authorize a county resident who has turned 16 to transact business generally (or specific business) with the same effect as an adult. At least 20 days before the hearing, any parent or legal guardian who did not join the petition must be given notice in the manner of a summons. A separate provision lets a circuit court remove a nonresident minor's disabilities (age 16 or older) for dealing with Arkansas real estate.

The Arkansas Judiciary's Court Forms page posts the statewide forms required in domestic relations cases, including the Domestic Relations Cover Sheet and Disposition Sheet, the Affidavit of Financial Means, the Monthly Family Support Chart, the Child Support Worksheet and the Income Withholding for Support form. The judiciary also offers eFiling (efile.arcourts.gov) and an online child support calculator. For free self-help divorce forms, the judiciary's resource page points to Arkansas Law Help (arlawhelp.org), run by the Arkansas Legal Services Partnership.

The Arkansas Department of Finance and Administration, Office of Child Support Enforcement (OCSE) is the state child support agency. For enforcement cases it locates the noncustodial parent, establishes paternity, obtains child and medical support orders and collects support; it also offers payment processing through the Arkansas Child Support Clearinghouse for existing court orders. Apply online through MyCase (mycase.ocse.arkansas.gov/mycase), by mailing or hand-delivering the Request for Services form, at a local OCSE office, or by calling 501-371-5349 to request an application. A $25 application fee may apply; families receiving SNAP, TEA or Medicaid are referred automatically with no fee. OCSE expects to contact applicants within 30 days.

The Arkansas Administrative Office of the Courts publishes Child Support Calculator v2.0, which applies the Arkansas Child Support Guidelines effective July 1, 2020 and produces a Child Support Worksheet you can save as a PDF or print (for non-joint custodial arrangements). The page says the calculator "only provides an estimate and is not a guarantee of the amount of child support that will be ordered," and "The judge in your case has the final authority to determine the amount of child support ordered."