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Guide to Uncontested Divorce in Arkansas

December 23, 2025

Uncontested / Simple Divorce in Arkansas: A Plain-English Guide

If you and your spouse agree that the marriage is over, you probably don’t want a long court fight or a huge legal bill. For many couples, an uncontested divorce in Arkansas, sometimes called a simple divorce, is the most practical way to end the marriage with less stress, less cost, and fewer surprises.

In Arkansas, uncontested divorces still go through the Arkansas Circuit Court, but the key difference is that you and your spouse agree on all the major issues: who gets what, how debts are handled, what happens with the kids, and whether anyone pays support.

This guide walks through, in plain English, how uncontested / simple divorce in Arkansas generally works: who qualifies, the basic steps, timelines, costs, and where a do it yourself (DIY divorce in Arkansas) approach might fit in. It’s written for people who want to handle as much as possible on their own and avoid hiring a lawyer if they can.

Important disclaimer: PlainDivorce is not a law firm and this article is not legal advice. It’s general legal information based on publicly available sources. Court rules, forms, and fees can change, and local practices can vary by county. If you feel unsafe or your case is complex, consider advice from a qualified Arkansas lawyer or legal aid office.

Table of Contents

uncontested divorce in Arkansas

1. What Is an Uncontested or Simple Divorce in Arkansas?

Arkansas law doesn’t use the words “uncontested divorce” or “simple divorce” as special legal case types. Instead, these are practical terms people use to describe a divorce case where:

  • Both spouses agree that the marriage should end, and
  • They have worked out all major issues (property, debts, child custody, child support, and alimony), so there is nothing for the judge to decide in a trial.

Most uncontested cases begin when one spouse files a Complaint for Divorce in the Arkansas Circuit Court. Then, the case stays “uncontested” when the other spouse cooperates, often by signing an Entry of Appearance and Waiver of Service (so you can avoid sheriff/service delays) and by not fighting the requested terms.

Some cases move forward by default if the Defendant is properly served and does not file an Answer. Even in default cases, Arkansas courts still require proof of key facts like residency and legal grounds.

One Arkansas detail that surprises many DIY filers: Arkansas is well known for requiring corroboration (often described as a third party witness requirement) for certain facts in divorce cases. In plain language, many judges expect someone other than the spouses to support required proof, especially on residency (and sometimes other issues depending on the case and local practice). Missing this requirement is a common reason filings get delayed.

This is different from a contested divorce, where you disagree about grounds, custody, support, or property. Contested cases often involve multiple hearings, discovery, and sometimes a trial, and they are usually much slower and more expensive.

2. Who Qualifies for an Uncontested Divorce in Arkansas?

2.1 Residency in Arkansas: the “two-step” rule that confuses people

Arkansas has a two-step residency timing rule that many people misunderstand:

  • Step 1 (to file): At least one spouse must have lived in Arkansas for at least 60 days immediately before filing the divorce complaint.
  • Step 2 (to finalize): The judge is legally barred from signing the final Decree of Divorce until at least one spouse has lived in Arkansas for 3 full months.

In other words: you may be able to file after 60 days, but you may not be able to finalize until the 3-month mark is satisfied. This prevents couples from trying to finalize too early and getting rejected at the end.

Arkansas also has a separate timing rule once the case is filed: the court generally cannot grant a divorce until at least 30 days have passed from the date the complaint is filed. (This is different from the 60-day and 3-month residency timing.)

2.2 Grounds for divorce: why “General Indignities” is the common uncontested choice

Arkansas requires a legally recognized “ground” for divorce. Two of the most common grounds you’ll see discussed are:

  • General indignities: a broad, fault-based ground. In plain English, it usually means one spouse’s ongoing behavior made the marriage intolerable. This ground is commonly used in uncontested cases because it allows couples to file sooner.
  • 18-month separation without cohabitation: Arkansas’s main true no-fault ground. It requires living separate and apart for 18 continuous months with no cohabitation. Many couples do not want to wait this long.

The strategy (plain English): If both spouses agree and want to proceed now, many couples use General Indignities instead of waiting 18 months. However, it still must be supported with truthful testimony and proof. Arkansas courts can reject a case if the grounds are not properly proved, even when the divorce is uncontested.

2.3 What makes a case a good fit for an uncontested or simple divorce?

An Arkansas case is usually a good candidate for an uncontested divorce when:

  • At least one spouse meets the residency timing rules (and you can satisfy required proof, including corroboration where required);
  • You can prove one of the grounds for divorce (most commonly General Indignities or the 18-month separation ground);
  • There is full agreement on all issues:
    • How to divide property and debts;
    • Custody/parenting time and child support (if you have children);
    • Whether anyone pays spousal support (alimony) and, if so, how much and for how long.
  • Both spouses are willing to cooperate with the process (often including signing an Entry of Appearance and Waiver of Service so you can avoid formal service delays).

2.4 When an uncontested divorce may not work well

Uncontested divorce may not be right (or even realistic) if:

  • There is domestic violence, threats, stalking, coercion, or serious power imbalance;
  • One spouse will not share financial information or you suspect hidden assets;
  • You have a complex situation (a business, multiple properties, major retirement issues, complicated taxes, or significant debts);
  • There are major disagreements about custody, parenting time, relocation, or support.

In those situations, even limited-scope advice from a local Arkansas family law attorney or legal aid office can be a smart safety step.

3. Step-by-Step Overview of the Uncontested Divorce Process in Arkansas

Step 1 – Make sure you actually qualify

Before you spend time on paperwork, double-check:

  • Residency: you meet the two-step timing rule (60 days to file, 3 months to finalize), and you can provide proper proof where required.
  • Grounds: you can truthfully prove General Indignities or another ground, or you have truly been separated for 18+ continuous months (if using the no-fault separation ground).
  • Uncontested: your spouse is willing to cooperate, often by signing an Entry of Appearance and Waiver of Service and agreeing on all terms.

If you have minor children, be prepared for additional paperwork tied to child support and parenting arrangements.

Step 2 – Agree on children, support, and property (and put it in writing)

The biggest reason a case stops being “simple” is disagreement. Before filing, try to reach clear agreements on:

  • Custody and parenting time: where the children live, schedules, holidays, transportation, and decision-making.
  • Child support: Arkansas’ child support rules (including Administrative Order No. 10 and the Family Support Chart) are the baseline, and any deviation should be clearly explained.
  • Property and debts: who keeps the home, vehicles, bank accounts, retirement accounts, and who pays which debts.
  • Spousal support (alimony): whether any support is paid, how much, and for how long.

It’s usually a good idea to put your agreements in a written marital settlement agreement, even if you draft it yourselves. In uncontested cases, the judge often incorporates the agreement into the final decree.

Step 3 – Prepare the Arkansas Circuit Court filing packet (including the “hidden” administrative forms)

Next, you’ll prepare the paperwork the circuit clerk and judge expect. Exact form sets vary by county and situation, but many uncontested Arkansas cases commonly include:

  • Complaint for Divorce (starts the case in Circuit Court);
  • Summons (if you will serve formally);
  • Entry of Appearance and Waiver of Service (often used when the Defendant cooperates and you want to avoid service delays);
  • Domestic Relations Cover Sheet (often tied to Administrative Order No. 8 and used by the clerk to categorize the case and routing);
  • Confidential Information Sheet (used to keep sensitive identifiers, like Social Security Numbers, out of the public file, and commonly required in cases involving children/support information);
  • Affidavit of Corroborating Witness (or corroborating witness testimony, depending on local practice and what must be corroborated in your case);
  • A proposed Decree of Divorce (final order for the judge to sign);
  • If there are minor children and/or support issues: an Affidavit of Financial Means (often for each parent) and child support paperwork consistent with Administrative Order No. 10.

Why the “hidden” forms matter: In many counties, the clerk cannot properly open and categorize a domestic relations case file without the required cover sheet, and confidential identifiers should not be placed into a publicly accessible pleading. If these administrative forms are missing, your filing can be rejected or delayed.

Arkansas Legal Services provides an interactive divorce packet that can help self-represented people generate basic forms for some simple, uncontested cases. You still must read and follow instructions carefully and confirm they match your county’s local practices.

Step 4 – File your papers with the Circuit Court (circuit clerk)

You file your case in the Circuit Court for the county where you live (or sometimes where your spouse lives). Take your documents to the circuit clerk’s office and:

  • File your Complaint for Divorce and other required starting documents (including the cover sheet and confidential information form if required);
  • Pay the filing fee (or request a fee waiver if you qualify);
  • Get file-stamped copies for your records.

Once filed, the 30-day minimum waiting period (from the complaint filing date) begins to run, and the residency timing (including the 3-month finalization requirement) still must be satisfied before the judge can sign the decree.

Step 5 – Handle service (or use the Entry of Appearance and Waiver of Service)

If your spouse cooperates, a common uncontested-friendly approach is for the Defendant to sign an Entry of Appearance and Waiver of Service. This can eliminate delays and costs tied to sheriff/process service.

If your spouse will not sign a waiver, you must arrange for proper service (often by sheriff or process server). If you cannot locate your spouse, Arkansas allows alternative service methods in limited situations, but those steps can get technical and are often worth discussing with legal aid or an attorney.

Step 6 – Court review, proof requirements, and the uncontested hearing

In an uncontested divorce, the court’s main job is to confirm:

  • You meet the residency rules (and you have proper proof, including corroboration where required);
  • You proved a valid legal ground for divorce (even if the Defendant agrees);
  • The Defendant has been properly served or signed an Entry of Appearance and Waiver of Service;
  • Any child-related orders (custody/support) are lawful and consistent with required standards (including Administrative Order No. 10 for support).

Many counties schedule a short uncontested divorce hearing where brief testimony is taken. Depending on local practice, the corroborating witness may appear briefly or the court may accept properly prepared affidavits. Your county’s Circuit Court practice matters, so follow local instructions.

Step 7 – Get your Decree of Divorce (final proof)

If everything is in order, the judge signs the Decree of Divorce. This order legally ends your marriage and sets out final terms for property, debts, custody, child support, and alimony (if any).

For future use, you may want to:

  • Order certified copies of the decree from the circuit clerk (useful for name changes, banking, and other updates);
  • Request a divorce certificate from Arkansas Department of Health – Vital Records if you need a separate certificate for records and agencies.

4. Special Issues When You Have Children

Uncontested divorce with children in Arkansas adds more moving parts, but it can still be done without a long court fight if both parents are on the same page and the paperwork is complete.

Best interests of the child and custody

Arkansas courts focus on the best interests of the child. In an uncontested case, the judge will usually review whether your parenting plan is realistic, safe, and detailed enough to prevent future conflict.

  • Schedules (weekdays/weekends, holidays, school breaks, summers)
  • Transportation and exchanges
  • Decision-making and communication
  • Rules for changes and dispute resolution

Child support and Administrative Order No. 10 (AO 10)

Even in an uncontested case, the court must ensure child support follows, or reasonably deviates from, Arkansas rules under Administrative Order No. 10 (AO 10) and the Family Support Chart.

You’ll commonly need to file:

  • An Affidavit of Financial Means (often for each parent), and
  • A child support calculation/worksheet showing how the chart was applied and explaining any deviation.

Parenting classes and local requirements

Some Arkansas counties require divorcing parents to complete a parenting education class before the court grants the divorce, even in uncontested cases. Requirements vary by county, so check your local Circuit Court instructions early.

5. How Long Does an Uncontested Divorce Take in Arkansas?

There is no guaranteed timeline, but you can think in terms of a few legal “anchors” that affect most cases:

  • Residency timing: 60 days before filing, and 3 full months before the decree can be signed.
  • Waiting period: the court generally cannot grant a divorce until at least 30 days after the complaint is filed.
  • Scheduling reality: how quickly your county schedules uncontested hearings and processes paperwork.

In a very cooperative case with clean paperwork, many uncontested divorces finalize shortly after the legal minimums are met. Delays are common when paperwork is incomplete, service/waiver steps are missing, or required proof (including corroboration where required) is not provided correctly.

6. What Does an Uncontested Divorce Cost in Arkansas?

The cost of an Arkansas uncontested divorce depends on whether you handle everything yourself or pay for professional help, and whether you avoid service costs.

Typical DIY costs

  • Court filing fee: many Arkansas circuit clerks list a base filing fee that is generally around $165 to open a divorce case, but counties can add local fees. Always verify with your local circuit clerk before filing.
  • Service of process: can often be avoided if the Defendant signs an Entry of Appearance and Waiver of Service; otherwise, expect sheriff/process server costs.
  • Parenting class: if required in your county (common in cases with minor children).
  • Copies/certified copies/vital records: fees for certified copies from the circuit clerk and any vital records documents you request.

Many Arkansas families choose an uncontested route because it’s typically the most affordable path compared to a fully contested case with attorneys on both sides.

7. When a DIY Divorce Might Not Be Right for You

A DIY uncontested divorce is not the best fit for every situation. Consider getting legal advice if any of the following apply:

  • There is domestic violence, stalking, threats, or fear of your spouse;
  • Your spouse is pressuring you to sign things you don’t understand;
  • You have substantial assets (business interests, multiple properties, large retirement accounts) and you’re not sure what’s fair;
  • You suspect hidden income or assets;
  • There are serious disagreements about custody, parenting time, relocation, or support.

In those situations, even a brief consultation with an Arkansas family law attorney or legal aid office can help you avoid expensive mistakes.

8. Where a Self-Help Divorce Kit Fits Into the Process

Handling your own divorce doesn’t mean you have to figure everything out from scratch. A self-help divorce kit is designed to guide you through the workflow so you’re less likely to miss a step, especially Arkansas-specific ones like the cover sheet/confidential information forms, the waiver language, and required proof issues.

A good Arkansas DIY divorce kit can help you:

  • Understand the overall process in Arkansas Circuit Court (Complaint → service/waiver → waiting period → final decree);
  • Gather what you need before you start (dates, addresses, income, debts, asset lists);
  • Stay aligned with documents commonly used in Arkansas cases (Complaint, waiver, cover sheet, confidential info sheet, corroboration, decree);
  • Stay organized with checklists and timelines so you don’t forget key steps;
  • Reduce mistakes that slow cases down, like incomplete financial disclosures or missing child support paperwork tied to Administrative Order No. 10.
Download Our Arkansas Uncontested Divorce Self-Help Kit

The PlainDivorce kit is designed for people who want to handle an Arkansas simple divorce themselves, using publicly available laws and procedures, without turning the blog article into a full legal forms manual.

It won’t replace legal advice in complex or dangerous situations, but for a straightforward, agreement-based divorce, it can make the process more manageable and less overwhelming.

9. Final Thoughts and Next Steps

Starting a divorce, even an uncontested one, can feel overwhelming. The key is to break the process into steps and make sure you understand each one before moving on.

If you are considering a simple divorce in Arkansas without a lawyer, you can:

  • Confirm you meet the residency timing rules and plan around the 60-day and 3-month requirements;
  • Choose a valid ground for divorce and understand what proof is needed;
  • Reach a full agreement on children, support, and property (if applicable);
  • Use the most current local instructions from your county circuit clerk and Circuit Court;
  • Include the required “administrative” filing documents like the Domestic Relations Cover Sheet and any required Confidential Information Sheet, so the clerk can open the case properly and sensitive data stays protected.

And remember:

  • PlainDivorce is not a law firm. We don’t represent you in court or give legal advice.
  • This guide is legal information only. Laws, forms, and fees can change, and local practices vary by county.
  • If you feel unsafe, pressured, or your situation is complicated, it’s worth speaking with an Arkansas lawyer or legal aid office before you file.

For many people, an uncontested divorce in Arkansas is a realistic way to finalize the end of a marriage with less cost, fewer court appearances, and more control, especially when you use Arkansas court language, follow the residency timing rules, and do not miss key requirements like the cover sheet, confidential information form, and corroboration where required.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.