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Facing Divorce, Custody, or a Protective Order in Arkansas? Get Clear Answers Now

If you're staring down a divorce, a custody fight, a child-support order, or an abusive partner in Arkansas, the rules here are not what you'd guess from TV or from a friend in another state. Arkansas still makes you prove a ground for divorce, presumes 50/50 custody, and runs a 30-day clock you can't waive. Before you sign anything, miss a hearing, or move out of the house, call 1-844-690-0555. It's free, it's open 24/7, and you'll get plain-English information about your situation under Arkansas law in minutes.

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Free legal information. Not legal advice. Available 24/7 across Arkansas.

Family Law in Arkansas — what to do right now

Right now, do three things. First, do not move out of the marital home or out of the county with your kids before you understand how it affects custody under Arkansas's joint-custody presumption — leaving can hurt you. Second, if you're in danger, you can ask the circuit court for an ex parte order of protection today, at no filing cost. Third, write down dates: when you separated, when you were served, and any hearing date, because Arkansas runs hard deadlines. Then call 1-844-690-0555 for free information on exactly what applies to you. This is legal information, not legal advice, and the call creates no attorney-client relationship.


The law in Arkansas: Family Law

Arkansas is one of the last states with no true 'irreconcilable differences' divorce. Under A.C.A. 9-12-301 you must plead and prove a recognized ground. The only no-fault option is living separate and apart, without cohabitation, for 18 continuous months — one of the longest separation requirements in the country, and a clock that resets if you reconcile or resume intimacy. The fault grounds (such as general indignities, adultery, habitual drunkenness for one year, and cruel treatment) let you move faster but require proof. Either way, A.C.A. 9-12-306 requires your ground to be corroborated by a witness other than you or your spouse — you cannot simply both agree and walk out.

Divorce, custody, paternity, support, and protective-order cases are all heard in Arkansas Circuit Court (the domestic-relations division), not district court. You or your spouse must have lived in Arkansas at least 60 days before filing and three full months before the decree (A.C.A. 9-12-307). Even an agreed, uncontested divorce cannot be finalized until 30 days have passed from filing — a waiting period the judge has no power to waive.

Arkansas is an equitable-distribution state, not a community-property state. Under A.C.A. 9-12-315 the court starts by dividing marital property 50/50, and only departs from equal if an equal split would be inequitable after weighing factors like length of marriage, each spouse's income and health, and contributions as a homemaker. If a judge divides unequally, the order must state the reasons in writing. Property you owned before marriage, gifts, and inheritances are generally separate — but they can lose that protection if you mix them with marital assets.

Since Act 604 of 2021, A.C.A. 9-13-101 carries a rebuttable presumption that joint custody — approximately equal time with each parent — is in the child's best interest in initial divorce and paternity cases. Arkansas is unusual in requiring clear and convincing evidence to overcome it. Child support is set under the Arkansas Supreme Court's Administrative Order No. 10, which since July 1, 2020 uses an income-shares model: both parents' incomes are combined and the obligation is split by share, replacing the old payor-only formula.

Key Statutes

  • A.C.A. 9-12-301 — Grounds for divorce (fault grounds + 18-month no-fault separation)
  • A.C.A. 9-12-307 — Residency (60 days to file, 3 months to decree) + 30-day waiting period
  • A.C.A. 9-12-315 — Equitable distribution; marital property divided 50/50 unless inequitable
  • A.C.A. 9-13-101 — Custody; rebuttable joint-custody presumption (Act 604 of 2021)
  • A.C.A. 9-12-312 — Alimony / spousal support (court discretion; rehabilitative plan option)
  • A.C.A. 9-11-801 et seq. — Covenant Marriage Act (stricter grounds if you chose it)

Courts & Agencies

  • Arkansas Circuit Court, domestic-relations division — divorce, custody, support, protection
  • Arkansas Office of Child Support Enforcement (OCSE) — establishment and collection
  • Arkansas Supreme Court Administrative Order No. 10 — child-support guidelines (income shares)
  • Pulaski County Courthouse, 401 W. Markham St., Little Rock
  • Washington County Circuit Court, Fayetteville

Penalties & Deadlines

  • 30 days from filing before any divorce decree — cannot be waived
  • 18 continuous months of separation for no-fault grounds
  • Order of protection: 90 days to 10 years; ex parte order free and same-day (A.C.A. 9-15-205)
  • Violating an order of protection: Class A misdemeanor (up to 1 year jail / $1,000); Class D felony if repeat within 5 years (A.C.A. 9-15-207)
  • Corroborating witness required to prove your ground and residency

Arkansas still makes you prove a reason — and waits 18 months for 'no fault'

Here's the thing that blindsides people who've moved from almost any other state: Arkansas has no quick 'irreconcilable differences' divorce. Under A.C.A. 9-12-301, you either prove a fault ground — like general indignities, adultery, or a year of habitual drunkenness — or you live completely separate, with no cohabitation, for 18 continuous months. Reconcile for a weekend and the clock starts over. On top of that, you need a corroborating witness, because Arkansas won't let two spouses simply agree their way out, and no decree issues for at least 30 days after filing. Most people don't learn this until they've already wasted weeks. Call 1-844-690-0555 for free information on which ground actually fits your situation before you file.


Likely outcomes & penalties

Every Arkansas family case turns on its own facts, but these are the realistic ranges people ask about. None of this is a prediction for your case.
Uncontested divorce timeline
At least 30 days from filing by statute; agreed cases often finalize in roughly 1-3 months once the waiting period and paperwork clear.
No-fault separation
18 continuous months living separate and apart, without cohabitation, before the ground exists at all (A.C.A. 9-12-301).
Property split
Marital property presumed 50/50 under A.C.A. 9-12-315; unequal divisions happen but the judge must put the reasons in writing.
Order-of-protection violation
Class A misdemeanor — up to 1 year in county jail and/or a $1,000 fine; a repeat within 5 years is a Class D felony (A.C.A. 9-15-207).

Mistakes to avoid

⚠️
Assuming Arkansas has a fast 'irreconcilable differences' divorce — it doesn't; you need a fault ground or an 18-month separation under A.C.A. 9-12-301.
⚠️
Moving out of the house or taking the kids to another county before understanding how it reads against you under the Act 604 joint-custody presumption.
⚠️
Thinking you and your spouse can just agree and skip proof — Arkansas requires a corroborating witness for your ground and your residency.
⚠️
Believing your pre-marriage savings or inheritance are automatically safe after you deposited them into a joint account — commingling can make them marital.
⚠️
Counting on only your own income for child support — since July 2020 Arkansas uses an income-shares model that combines both parents' incomes under Administrative Order No. 10.

How it works

1
Call the free hotline. Dial 1-844-690-0555 any time, day or night. There's no income test, no web form, and no waiting room — just a real conversation about your Arkansas family law situation.
2
Talk to the AI legal assistant. You'll reach an AI assistant trained on Arkansas and federal law. Explain your divorce, custody, support, or protection issue in plain language and get clear information on the statutes, courts, and deadlines that apply — in your own words, including in Spanish.
3
Get matched with an Arkansas attorney. If your situation needs a lawyer, we can help you book a paid consultation with an Arkansas-licensed family law attorney. That booking is a separate paid step — the call itself is free and creates no attorney-client relationship.

Free & low-cost Family Law help in Arkansas

If money is tight, Arkansas has real free and low-cost help for family law matters — most legal-aid programs cover civil cases like divorce, custody, and protective orders. These are genuine starting points; the hotline can help you figure out which one fits.

LSC-funded civil legal aid for the northern and eastern half of the state, including family-law matters like divorce, custody, and protective orders. Free for income-eligible Arkansans (generally up to 125% of the poverty guidelines). Apply via the statewide HelpLine 1-800-952-9243.
Nonprofit law firm offering free civil legal help — including family law — to low-income residents of central, southern, and western counties, including Pulaski County and Little Rock. Same statewide intake/HelpLine.
Statewide self-help portal from the two legal-aid programs, with plain-language guides and DIY court forms for divorce, custody, guardianship, and powers of attorney — a solid free first step if you're handling a family matter yourself.
ABA-run virtual clinic where income-qualifying users post civil questions — including family law — and get brief answers from volunteer Arkansas attorneys.
Official court hub (arcourts.gov) with the approved petition and order-of-protection forms, plus court directories for filing in your county's circuit court.
State agency that helps establish paternity and set up, modify, and collect child support under the income-shares guidelines — services are available regardless of income.
Statewide coordinating nonprofit with an 'I Need Help' portal that points you to the right legal-aid program, self-help tools, and clinics for your family-law issue.

FAQ — Family Law in Arkansas

Does Arkansas have no-fault divorce?

Only in a limited way. Arkansas has no quick 'irreconcilable differences' option. The one no-fault ground under A.C.A. 9-12-301 is living separate and apart, without cohabitation, for 18 continuous months. Otherwise you must prove a fault ground. Call 1-844-690-0555 for free information on which path fits your situation.

How long does a divorce take in Arkansas?

No decree can be entered until at least 30 days after you file, and that waiting period cannot be waived even in an agreed case. Uncontested divorces often wrap up in roughly one to three months; contested ones take much longer. For a clearer read on your timeline, call 1-844-690-0555 for free information.

Will the judge split everything 50/50?

Arkansas is an equitable-distribution state. Under A.C.A. 9-12-315 the court starts at 50/50 of marital property but can divide differently if an equal split would be inequitable — and must explain why in writing. Pre-marriage, gift, and inherited property are usually separate unless commingled. Call 1-844-690-0555 to talk through what counts as marital in your case.

Is custody really presumed to be 50/50 now?

Yes. Since Act 604 of 2021, A.C.A. 9-13-101 presumes joint custody — roughly equal time — is in the child's best interest for initial divorce and paternity cases. Overcoming it takes clear and convincing evidence, a high bar. Call 1-844-690-0555 for free information on how the presumption applies to you.

How is child support calculated in Arkansas?

Since July 1, 2020, Arkansas uses an income-shares model under the Supreme Court's Administrative Order No. 10. Both parents' incomes are combined, and the support obligation is divided by each parent's share — not just the paying parent's income, as under the old rules. Call 1-844-690-0555 to understand how your numbers might work out.

Can I get an order of protection, and what does it cost?

If you're facing domestic abuse, you can petition the circuit court for an order of protection at no filing cost (A.C.A. 9-15-201). If there's immediate danger, the court can issue a same-day ex parte order until your hearing. Final orders last from 90 days up to 10 years. Call 1-844-690-0555 right away for free information on the steps.

What happens if my ex violates a protective order?

Violating an Arkansas order of protection is a Class A misdemeanor — up to one year in county jail and/or a $1,000 fine — and a second violation within five years becomes a Class D felony (A.C.A. 9-15-207). Any Arkansas law-enforcement officer can enforce it statewide. If it's been violated, call 911 first, then 1-844-690-0555 for free information.

Do I need a witness to get divorced in Arkansas?

Usually yes. Arkansas requires your ground for divorce and your residency to be corroborated by a witness other than you or your spouse (A.C.A. 9-12-306 and 9-12-307). Two spouses can't simply agree their way to a decree. Call 1-844-690-0555 to learn what corroboration your case needs.

Can I get alimony in Arkansas?

Maybe. Under A.C.A. 9-12-312, Arkansas judges have broad discretion to award alimony based on one spouse's need and the other's ability to pay — there's no fixed formula. Rehabilitative alimony, tied to a plan to become self-supporting, is common. Call 1-844-690-0555 for free information on whether alimony is realistic in your case.

I signed a covenant marriage. Is my divorce different?

Yes. If you chose a covenant marriage under A.C.A. 9-11-801 et seq., you agreed to limited grounds and a counseling requirement, which makes divorce harder than a standard marriage. Most Arkansas marriages are not covenant marriages, but it's worth checking. Call 1-844-690-0555 for free information on what your marriage type means.

My spouse and I live in different states — where do I file?

You can file in Arkansas if you or your spouse meet the residency rule: 60 days in Arkansas before filing and three months before the decree (A.C.A. 9-12-307). Custody jurisdiction follows separate rules tied to where the child has lived. Call 1-844-690-0555 to sort out which state should hear your case.

Is Legal Hotline a law firm that can represent me?

No. Legal Hotline is not a law firm and not a public defender, and the call gives you legal information, not legal advice — it creates no attorney-client relationship. If you need representation, we can help you book a paid consultation with an Arkansas-licensed attorney. Start with free information at 1-844-690-0555.


Are you an Arkansas family law attorney?

We connect Arkansans facing divorce, custody, support, and protective-order matters with licensed local counsel. If you practice family law in Arkansas and want to receive vetted, ready-to-consult client referrals, join our network. Reach out to learn how attorney matching works — built to send you clients who already understand they're booking a paid consultation.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Don't guess your way through an Arkansas family case

Whether it's an 18-month separation clock, a 30-day waiting period, the joint-custody presumption, or an order of protection you need tonight, the wrong move early can cost you for years. Get free, clear information about your Arkansas family law situation before you act. Call 1-844-690-0555 now — 24/7, no income test, no web form. It's legal information, not legal advice, and it creates no attorney-client relationship.

Free legal information. Not legal advice.

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