Arkansas Uncontested Divorce Complaint + Decree Filing Packet

ARKANSAS UNCONTESTED DIVORCE COMPLAINT + DECREE FILING PACKET

ARKANSAS DIVORCE GROUNDS AND PROOF

Arkansas permits divorce on the statutory grounds in Ark. Code Ann. § 9-12-301, including a separation ground that does not depend on either spouse's fault.

Under § 9-12-301(b)(5), either spouse may seek a divorce after 18 continuous months living separate and apart without cohabitation, whether the separation was voluntary, mutual, or due to fault.

An alternative is general indignities under § 9-12-301(b)(3)(C); plead and prove specific conduct if selecting that ground.

In an uncontested suit, § 9-12-306(a) does not require corroboration of the grounds. Residency must be corroborated, and separation and continuity without cohabitation must be corroborated when that ground is used.

PACKET CONTENTS

1. Grounds & Residency Eligibility Checklist
2. Complaint for Divorce
3. Summons / Warning Order / Acceptance of Service
4. Affidavit of Corroborating Witness — Separation (If Used)
5. Affidavit of Corroborating Witness — Residency
6. Property Settlement Agreement (PSA)
7. Child Support Worksheet & Joint Custody / Parenting Plan
8. Affidavit of Financial Means (AOC Form)
9. Decree of Divorce
10. Filing & Finalization Procedure

1. GROUNDS & RESIDENCY ELIGIBILITY CHECKLIST

Residency (§ 9-12-307)

☐ Plaintiff (or Defendant) has been a bona fide Arkansas resident for at least 60 continuous days before filing the Complaint
☐ Plaintiff (or Defendant) will have been an Arkansas resident for at least 3 months (90 days) before entry of the final Decree
☐ Residency will be corroborated by a non-party witness (§ 9-12-306)

Grounds — Select Exactly One (§ 9-12-301(b))

☐ (1) Impotency at time of marriage and still
☐ (2) Felony or other infamous crime conviction of Defendant
☐ (3)(A) Habitual drunkenness for one (1) year
☐ (3)(B) Cruel and barbarous treatment endangering life
☐ (3)(C) General indignities — specific repeated mistreatment rendering Plaintiff's condition intolerable (provide examples)
☐ (4) Adultery committed after marriage
☐ (5) Eighteen (18) continuous months living separate and apart without cohabitation (fault need not be proved)
☐ (6) Three years separation due to incurable insanity of one spouse
☐ (7) Willful failure to support when legally obligated and able

Time Limit on Grounds

☐ The conduct alleged (other than separation grounds) occurred within 5 years of filing (§ 9-12-307(a)(3))

Corroboration (§ 9-12-306)

☐ If separation is the selected ground, non-party witness or verified affidavit available to corroborate separation and continuity without cohabitation
☐ Non-party witness or verified affidavit available to corroborate Arkansas residency

Waiting Period

☐ At least 30 days from filing to final hearing/decree (§ 9-12-307 / case law)

Pre-Filing Requirements

☐ Filing fee paid (~$165) or Petition to Proceed In Forma Pauperis filed
☐ If minor children: check whether the court has ordered parenting education or mediation; § 9-12-322(a) leaves that decision to the court
☐ Affidavit of Financial Means prepared (Admin. Order No. 10)

2. COMPLAINT FOR DIVORCE

IN THE CIRCUIT COURT OF [______________] COUNTY, ARKANSAS
DOMESTIC RELATIONS DIVISION

Case No.: [____________________]

COMPLAINT FOR DIVORCE

Comes now the Plaintiff, [______________________________], and for cause of action against the Defendant states:

I. RESIDENCY (§ 9-12-307)

1. Plaintiff is a bona fide resident of Arkansas, residing at [_____________________________________________], [______________] County, Arkansas, and has been a resident of Arkansas for more than sixty (60) continuous days immediately preceding the filing of this Complaint. Plaintiff intends to be an Arkansas resident at the time the Decree is entered, which will be at least three (3) months from the date of filing.

2. Plaintiff's Arkansas residency is corroborated by [WITNESS NAME], whose affidavit is filed contemporaneously herewith.

II. THE PARTIES

3. Plaintiff's full legal name: [______________________________]; DOB: [__/__/____].

4. Defendant's full legal name: [______________________________]; DOB: [__/__/____]; residing at [_____________________________________________].

III. MARRIAGE

5. The parties were lawfully married on [__/__/____] in [_______________], [State].

6. The parties separated on [__/__/____] and have been living separate and apart since that date.

IV. CHILDREN

7. ☐ No minor children were born of or adopted during the marriage, and Plaintiff is not pregnant.

☐ The following minor children were born of or adopted during the marriage:

8. Arkansas is the home state of the children under the UCCJEA. § 9-19-201.

V. GROUNDS FOR DIVORCE (§ 9-12-301)

9. Plaintiff alleges the following ground(s):

☐ General indignities — § 9-12-301(b)(3)(C): Defendant has offered such indignities to the person of Plaintiff as to render Plaintiff's condition in life intolerable, specifically:

a. [____________________________________________________________]
b. [____________________________________________________________]
c. [____________________________________________________________]

☐ 18-month separation — § 9-12-301(b)(5): The parties have lived separate and apart for more than eighteen (18) continuous months without cohabitation, from [__/__/____] to the present.

☐ Other ground: [______________________________]. § 9-12-301(b)([____]).

10. The acts constituting the ground occurred within five (5) years preceding the filing of this Complaint. § 9-12-307(a)(3).

11. The statutory ground will be proved by [TESTIMONY / DOCUMENTS]. Arkansas residency will be corroborated by [WITNESS OR AFFIDAVIT]. If relying on 18-month separation, separation and continuity without cohabitation will be corroborated by [WITNESS OR AFFIDAVIT]. § 9-12-306.

VI. PROPERTY AND DEBT

12. The parties have entered into a Property Settlement Agreement, attached hereto as Exhibit A and incorporated herein. § 9-12-315.

VII. ALIMONY

13. ☐ Neither party seeks alimony. ☐ Alimony addressed in PSA. § 9-12-312.

VIII. NAME RESTORATION

14. ☐ The wife, [____________________], requests restoration of the name she bore before the marriage: [____________________]. § 9-12-318.

IX. PRAYER

WHEREFORE, Plaintiff prays for:

a. A Decree of Absolute Divorce dissolving the marriage;
b. Approval and incorporation of the Property Settlement Agreement;
c. Award of legal custody, physical custody, and child support per Administrative Order No. 10 (if applicable);
d. Restoration of Plaintiff's prior name (if requested);
e. Costs and such other relief as is just and equitable.

Dated: [__/__/____]

[____________________________________________]
[PLAINTIFF SIGNATURE]
[PRINTED NAME, ADDRESS, PHONE]

VERIFICATION

State of Arkansas, County of [______________], ss.

I, [PLAINTIFF NAME], being duly sworn, state that I am the Plaintiff in the above matter, I have read this Complaint, and the facts stated are true and correct to the best of my knowledge.

[____________________________________________]

Subscribed and sworn before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public, Arkansas

3. SUMMONS / ACCEPTANCE OF SERVICE

Summons (issued by Clerk under Ark. R. Civ. P. 4)

TO: [DEFENDANT NAME], at [_____________________________________________]

A Complaint has been filed against you in the Circuit Court of [______________] County, Arkansas. You must file a written Answer with the Clerk within thirty (30) days after service (or sixty (60) days if you are incarcerated in an Arkansas jail, penitentiary, or other correctional facility). If you fail to do so, judgment by default may be entered.

[____________________________________________]
CLERK OF THE CIRCUIT COURT
Dated: [__/__/____]

Acceptance of Service (Uncontested)

I, [DEFENDANT NAME], hereby acknowledge receipt of the Summons and Complaint for Divorce; voluntarily appear in this action; waive formal service; do not contest the grounds for divorce as alleged; and consent to entry of a Decree consistent with the Property Settlement Agreement filed herein. I acknowledge that I do not waive the 30-day post-filing waiting period.

Dated: [__/__/____] [____________________________________________]

(Notarized.)

Service by Warning Order (only if Defendant cannot be located)

Service by warning order is permitted only after diligent inquiry. Ark. R. Civ. P. 4(f). Warning order published once a week for 2 consecutive weeks. Default permissible 30 days after first publication.

4. AFFIDAVIT OF CORROBORATING WITNESS — SEPARATION (IF USED; § 9-12-306)

State of Arkansas, County of [______________], ss.

I, [WITNESS NAME], being first duly sworn, depose and state:

1. I am over 18 years old and am NOT a party to this action and am not related by blood or marriage to the parties to a degree that would disqualify my testimony.

2. I have known Plaintiff [______________________________] since [__/__/____].

3. I have personal knowledge that the parties have lived separate and apart without cohabitation since [__/__/____] (at least 18 continuous months) based on these facts: [____________________________________________________________].

4. During that period, I observed or learned the following facts supporting continuity of separation without cohabitation: [____________________________________________________________].

[____________________________________________]
[WITNESS SIGNATURE]
[WITNESS PRINTED NAME, ADDRESS]

Subscribed and sworn before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public

5. AFFIDAVIT OF CORROBORATING WITNESS — RESIDENCY (§ 9-12-306)

State of Arkansas, County of [______________], ss.

I, [WITNESS NAME], being first duly sworn, depose and state:

1. I am over 18 years old and am NOT a party to this action.

2. I personally know Plaintiff [______________________________].

3. To my personal knowledge, Plaintiff has resided in the State of Arkansas, at [_____________________________________________], continuously since [__/__/____], a period of more than 60 days preceding the filing of the Complaint, and intends to remain a resident of Arkansas.

[____________________________________________]
[WITNESS SIGNATURE]

Subscribed and sworn before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public

6. PROPERTY SETTLEMENT AGREEMENT

This Property Settlement Agreement ("Agreement") is entered into between [PLAINTIFF] and [DEFENDANT] on [__/__/____] in contemplation of the divorce action pending in [______________] County Circuit Court.

A. RECITALS

The parties wish to settle all property, debt, support, custody, and related matters and to submit this Agreement for approval and incorporation under § 9-12-315.

B. REAL PROPERTY

The marital residence at [_________________________________________] is awarded to ☐ Plaintiff ☐ Defendant. Conveying instrument: [☐ Quitclaim Deed ☐ Warranty Deed] within [____] days of decree.

C. PERSONAL PROPERTY (Equal Division Presumption — § 9-12-315(a)(1)(A))

D. DEBT ALLOCATION

Each party shall hold the other harmless from debts allocated.

E. ALIMONY (§ 9-12-312)

☐ Both parties waive alimony forever.
☐ [________] shall pay $[________]/month for [______] months.

F. CHILD CUSTODY & SUPPORT (if applicable) — Joint Custody Presumption (§ 9-13-101(a)(1)(A)(iv))

• ☐ Joint legal AND physical custody (presumptively in the best interest)
• ☐ Joint legal custody; primary physical custody to [________]
• Parenting time schedule: [____________________________________________________]
• Holidays: [____________________________________________________]
• Child support: $[__________]/month per Arkansas Family Support Chart (Admin. Order No. 10 — Income Shares); withholding via Office of Child Support Enforcement
• Health insurance: provided by [________]
• Uncovered medical: split [____]% / [____]%
• Tax dependency exemption: [____________________________________________________]

G. NAME RESTORATION

☐ The wife’s former name [____________________] shall be restored. § 9-12-318.

H. INCOME TAX

Returns for year [______]: ☐ Joint ☐ Married filing separately ☐ Single (decree before 12/31).

I. EXECUTION

Each party acknowledges full disclosure, voluntary execution, and the opportunity to consult independent counsel.

Dated: [__/__/____] [____________________________________________] PLAINTIFF
Dated: [__/__/____] [____________________________________________] DEFENDANT

(Notarized signatures.)

7. AFFIDAVIT OF FINANCIAL MEANS (Admin. Order No. 10)

Total assets: $[__________] (P) / $[__________] (D)
Total debts: $[__________] (P) / $[__________] (D)

Each party certifies under penalty of perjury that the above is true and complete.

8. CHILD SUPPORT WORKSHEET (Income Shares — Admin. Order No. 10)

9. DECREE OF DIVORCE

IN THE CIRCUIT COURT OF [______________] COUNTY, ARKANSAS — DOMESTIC RELATIONS DIVISION

Case No.: [____________________]

DECREE OF DIVORCE

This cause came on for hearing on [__/__/____] upon the Complaint of the Plaintiff. The Plaintiff appeared in person [and by counsel]. The Defendant appeared [in person / by Acceptance of Service / not at all (default after warning order)]. The Court, having heard the evidence of the Plaintiff and the corroborating proof required for residency and any separation ground, and reviewed the pleadings and Property Settlement Agreement, finds:

FINDINGS

1. The Court has jurisdiction over the subject matter and the parties.
2. Plaintiff has been a bona fide resident of Arkansas for more than 60 continuous days before filing and more than 3 months before entry of this Decree. § 9-12-307.
3. The parties were married on [__/__/____] and separated on [__/__/____].
4. More than 30 days have elapsed since the filing of the Complaint.
5. The ground alleged — ☐ general indignities § 9-12-301(b)(3)(C) ☐ 18-month separation § 9-12-301(b)(5) ☐ [other] — is proved by competent evidence. Arkansas residency is corroborated; if the ground is separation, its continuity without cohabitation is corroborated as § 9-12-306 requires.
6. The Property Settlement Agreement filed [__/__/____] is fair, equitable, and not unconscionable.
7. The custody and support provisions are in the best interests of the minor children (if applicable).

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The Plaintiff is GRANTED an ABSOLUTE DIVORCE from the Defendant; the bonds of matrimony are dissolved.

B. The Property Settlement Agreement filed [__/__/____] is APPROVED, RATIFIED, and INCORPORATED into this Decree as if fully set forth herein, and is enforceable as a court order.

C. Custody, parenting time, and child support are awarded as set forth in the Property Settlement Agreement / Parenting Plan; child support shall be withheld and paid via the Arkansas Clearinghouse.

D. ☐ Alimony is WAIVED / ordered as agreed.

E. ☐ The wife’s former name [____________________] is RESTORED. § 9-12-318.

F. Costs taxed to [____________].

ENTERED this [____] day of [______________], [______].

[____________________________________________]
CIRCUIT JUDGE

10. FILING AND FINALIZATION PROCEDURE

Sources and References

• Arkansas Code Title 9, Chapter 12 (Divorce): https://codes.findlaw.com/ar/title-9-family-law/
• Arkansas Legal Services — Divorce Self-Help: https://a.arlawhelp.org/divorce-separation-annulment/divorce
• Arkansas Judiciary — Administrative Order No. 10 (Child Support): https://www.arcourts.gov
• Arkansas Office of Child Support Enforcement: https://humanservices.arkansas.gov/divisions-shared-services/ocse/
• Arkansas Free Legal Answers: https://ar.freelegalanswers.org

DISCLAIMER: This packet is provided for informational purposes only and is not a substitute for advice from a licensed Arkansas attorney. The selected statutory ground must be proved; Arkansas residency and any 18-month separation ground require corroboration under § 9-12-306. Confirm all filing and decree requirements with Arkansas counsel.