Arkansas Divorce Records

Arkansas divorce courts allow couples to file for both contested and uncontested divorces. Couples who agree on divorce terms can opt for an uncontested divorce, while those with disagreements must pursue a contested process - leaving it in the hands of the court to decide the terms of their divorce. To start a divorce, at least one spouse must have been living in Arkansas for at least 60 days before filing and at least three months before the final decree. The state also allows both fault-based and no-fault grounds for divorce.

Divorce records in Arkansas are generally private. Access is limited to specific individuals, but becomes public after 100 years. The state's divorce rate exceeds the national average at 3.5 per 1,000 people.

What are Divorce Records?

The Arkansas court system keeps official records of every marriage it dissolves. All important details related to the divorce procedure, such as the names of the parties and the place and date of the divorce, are included in its divorce records. These documents detail the settlement conditions and act as official documentation of the divorce. People often use these divorce records as evidence in cases where it may be required or may simply want to keep it in their files.

A divorce has officially been completed when the court issues a divorce decree and renders a judgment. After that, this record is sent to both the County Clerk and the Circuit Court Clerk. The divorced couple may, however, jointly apply to have the divorce decree revoked.

Divorce records are of two types in Arkansas: divorce certificates and divorce decrees.

A divorce certificate is a legal document with the essential details of a divorce. Along with the names of the ex-spouses, it also provides the location and date of the divorce. The divorce certificate is typically presented whenever someone requires documentation showing their union with a certain individual is no longer valid. This can occur when requesting a name change or a passport. In Arkansas, courts do not retain divorce certificates as official documents. Only the Arkansas Department of Health has it available.

A divorce decree is a more thorough divorce record. Along with further information about the divorce, the divorce record typically includes all the information that is accessible on a divorce certificate. It may also include details of the divorce procedure, any agreements reached by both spouses, and settlement conditions like financial responsibilities, the division of assets and liabilities, child support, and visiting or custody rights.

The Arkansas court system generates and preserves divorce records. Individuals with a genuine claim must typically contact the County Clerk, the Circuit Court Clerk, and the Arkansas Department of Health (depending on the type of divorce record) to access these records. The information in these divorce records typically includes:

Grounds for the divorce
The court in which the case was filed
The date on which the marriage occurred
The address of the parties involved in the divorce.
The court-assigned number for tracking and reference
The full names of the parties involved in the divorce
The date when the divorce was finalized
Details about the settlement, such as alimony, property division, child custody, and child support arrangements

Are Divorce Records Public in Arkansas?

Divorce records in Arkansas are not public as state law - Arkansas Vital Statistics Act 20–18–305 - restricts access to such records. These records are only accessible to certain people, such as those listed on the divorce record, their legal representatives, or members of their immediate family. But 100 years after the divorce date, divorce records in Arkansas become open to the public. This means that individuals who do not fit into any of the listed categories can access these documents after a century of its release.

Usually, people have to get in touch with the county Clerk's Office where the divorce took place to get divorce records. While some court records may be obtainable online, requests for entire divorce records are typically made in person or by letter.

Divorce Stats and Rates in Arkansas

Arkansas has experienced a decline in its divorce rates in recent years. The state's divorce rate reached a low of 3.5 per 1,000 residents in 2022, marking the lowest point since 2017. While rates fluctuated between 2017 and 2022, with a peak of 4.1 in 2018, the overall trend indicates a downward trajectory.

In terms of divorce, Arkansas ranked fifth with 325,212 divorced couples out of 1,408,439 married couples. In 2022, 23.27 women per 1,000 married women experienced divorce. Notably, the top five states with high divorce rates in 2021 did not repeat in the same ranking for 2022.

Grounds for Divorce in Arkansas

According to Arkansas Code Sections 19-12-301(b)(5) and 9-12-306(c) requires fault-based grounds for divorce. Unlike numerous US states, Arkansas does not recognize no-fault divorces. To end a marriage, a couple must provide proof of particular marital indiscretions. In Arkansas, the following are acceptable grounds for divorce:

Any treatment or indignities that make a spouse’s condition intolerable
Cruel treatment that puts life in danger
Alcoholism that has lasted for at least a year
Adultery
Permanent and incurable insanity
Inability to have sexual relations
A felony conviction

While separation is often a path to divorce in Arkansas, there are specific requirements the couples must meet if they wish to follow that route. Spouses are expected to have lived separately for at least 18 months without engaging in sexual activity. Any sexual contact between the spouses during this period would invalidate the separation period in the eyes of the court. Outside of separation, there are two exceptions in which couples divorcing in Arkansas do not need proof in fault-based divorces:

They petition for an uncontested divorce
The defendant spouse agrees in writing to waive the requirement to present supporting documentation

How to File for Divorce in Arkansas

To begin a divorce in Arkansas, you must file the necessary paperwork at the county Circuit Clerk's Office where you or your spouse resides. Specifically, you must file a Complaint for Divorce. The Arkansas Judiciary website has the court forms required for divorce.

The court forms can be filed online via the Arkansas eFlex system for certain Circuit Courts. However, using electronic filing requires paying a registration fee.

A filing fee applies to initiate the divorce process, irrespective of whether you are filing online. Individuals who may not be able to afford the fee can request a waiver. After filing, the court issues a summons, which the plaintiff must serve on the defendant.

The plaintiff has several options for serving the divorce papers, including mail, certified mail, or hiring a process server. The defendant must acknowledge receipt of the papers within a specified timeframe. Failure to do so may result in a default divorce. The state allows for both contested and uncontested divorces.

The Arkansas judiciary website provides the most recent price schedule, which is liable to change and has a base fee of $165. Should you be unable to pay this cost, you may request with an affidavit and a Petition for Leave to Proceed In Forma Pauperis.

Arkansas Divorce Decree

The divorce decree includes a thorough summary of the divorce process. It contains information about property division, child custody arrangements, and spousal support. To guarantee adherence to the conditions of the settlement, the decree functions as a legally binding document enforceable by the court.

The Office of the Clerk of County or the Clerk of Circuit Court maintains divorce decrees. Usually, you have to get in touch with the county Clerk's Office where the divorce took place to obtain these decrees. Although the decree concludes the divorce, under certain conditions, couples may request to have their marriage annulled, which will need a new court application.

How to Find and Access Arkansas Divorce Records

Only a small number of qualified individuals have access to Arkansas divorce records. By law, these records are not available to the general public. Access to all divorce records is only open to the public a century after the divorce date.

Offline Access

For divorce decrees and more detailed information, individuals must contact the county Clerk's Office where the divorce occurred. Usually, this requires a mail-in request or an in-person meeting. The county Clerk's Office will require specific information, such as the names of the parties involved, the date of the divorce, and the county where the divorce took place. There can be costs involved with getting certified copies or doing thorough research.

Online Access

The Arkansas Department of Health offers online access to divorce certificates. Individuals can receive these certificates by filling out an online application and paying the necessary amount. For phone-in inquiries, the department also offers a toll-free line.

While the Arkansas Administrative Office of the Courts offers a public access platform called Public CourtConnect, the information available on this platform is limited to case-level details and does not provide comprehensive divorce records.

References

Counties in Arkansas

List of Content

What are Divorce Records?
Are Divorce Records Public in Arkansas?
Divorce Stats and Rates in Arkansas
Grounds for Divorce in Arkansas
How to File for Divorce in Arkansas
1. Arkansas Divorce Decree
How to Find and Access Arkansas Divorce Records
1. Offline Access
2. Online Access