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Divorce Residency Requirements in Arkansas

In Arkansas, either spouse must have lived in the state for 60 days before filing and 3 full months before the final decree, and the no-fault ground is living separate and apart for 18 continuous months.

Last checked . General information, not legal advice.

Arkansas at a glance

State residency
60 days before filing, 3 months before decree
Residence means actual presence. No decree until 30 days after filing.
County residency
No county period; file where the complainant lives
If the complainant is a nonresident, the case goes to the defendant's county.
No-fault ground
Living separate and apart for 18 months
Without cohabitation, voluntary or by mutual consent.

Sources

Last checked

The rules in Arkansas

How long must you live in Arkansas before filing for divorce?

State residency in Arkansas: 60 days before filing, 3 months before decree. Residence means actual presence. No decree until 30 days after filing.

Is there a county residency requirement for divorce in Arkansas?

County residency in Arkansas: No county period; file where the complainant lives. If the complainant is a nonresident, the case goes to the defendant's county.

What is the no-fault ground for divorce in Arkansas?

No-fault ground in Arkansas: Living separate and apart for 18 months. Without cohabitation, voluntary or by mutual consent.

Where do the Arkansas divorce residency requirements come from?

The rules above come from Ark. Code 9-12-307, Ark. Code 9-12-303 and Ark. Code 9-12-301. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.