Arkansas Divorce Records

According to recent data from the National Center for Health Statistics, Arkansas has a divorce rate of approximately 3.0 divorces per 1,000 residents. This rate is higher than the national average of 2.4 per 1,000.

Arkansas is primarily a fault-based divorce state, meaning that the spouse filing for divorce typically has to prove that the other spouse engaged in misconduct that led to the end of the marriage. Arkansas law stipulates specific legal grounds for fault-based divorces, which include adultery, habitual drunkenness, or cruel treatment. The state also allows for no-fault divorces, where neither spouse is assigned blame - these divorces are typically filed on the grounds of separation.

The average cost of a divorce in Arkansas is around $8,165 per person (less than the national average of $9,969). However, actual costs vary on a case-by-case basis and are generally determined by factors like attorney fees, court costs, the complexity of the case, and whether issues like child custody or significant assets are being contested.

Are Divorce Records Public in Arkansas?

Divorce records in Arkansas are generally considered public records under the Arkansas Freedom of Information Act (FOIA). This means that these records are typically accessible to the general public for inspection and copying. However, the FOIA provides exemptions where certain information that may be contained in divorce records, such as Social Security numbers, financial account numbers, and medical records, as well as sealed records, is restricted from public disclosure. In addition, the Arkansas Vital Statistics Act (Title 20, Subtitle 2, Chapter 18 of the Arkansas Code) restricts access to copies of divorce certificates less than 100 years old to specific parties, including the individuals named on the record, their current spouses, and legal representatives.

What Is Included in Arkansas Divorce Records?

Arkansas divorce records are official documents that contain details on divorce proceedings in the state. These records are typically grouped into three main categories:

• Divorce Decrees: This is the final court order issued in a divorce proceeding that legally dissolves the marriage. Divorce decrees typically provide details on the divorcing couple and also outline the terms of the divorce, including decisions on issues such as property division, child custody, support, and alimony. These documents are key for proving the divorce and its terms, and are maintained locally by circuit clerks in the county where the divorce was granted.
• Divorce Certificates: These documents provide basic information about the divorce, such as the names of the parties involved, the date of the divorce, and the county where it was granted. Divorce certificates typically serve as official proof of the divorce and are maintained at the state level by the Arkansas Department of Health.
• Divorce Case Files: This is a comprehensive collection of all documents filed and generated throughout a divorce proceeding, including the initial complaint for divorce, counterclaims, financial affidavits, agreements between the parties, transcripts of hearings, court orders, and the final divorce decree. Divorce case files are maintained locally by circuit clerks and provide a detailed record of the divorce proceeding; however, access to certain documents within the file may be restricted from public access.

How Do I Find Arkansas Divorce Records?

You can typically access Arkansas divorce records at both the municipal and state level circuit clerks and the Arkansas Department of Health, respectively. Certified copies of these records are often required for various legal and administrative purposes, such as:

• Facilitating name changes and updating personal records
• Providing legal proof of divorce status for remarriage or immigration
• Updating identification documents
• Accessing government benefits and insurance claims
• Modifying or enforcing orders related to child support, custody, and alimony
• Settling trusts, wills, and other estate-related matters

Look Up Arkansas Divorce Certificate

The Arkansas Department of Health maintains and issues copies of divorce certificates for divorces that occurred in the state from 1923 to the present. However, it should be noted that, per state law, access to divorce certificates that are less than 100 years old is restricted to certain parties. These include, but are not limited to, the individuals named on the record, their spouses, parents, children, and attorneys.

Interested parties who wish to obtain copies of an Arkansas divorce certificate may do so by mailing a completed Divorce Coupon Application, along with a copy of an acceptable ID and the stipulated fees to:

Requests may also be made in person at the address listed above between the hours of 8:00 a.m. - 4:00 p.m., Mondays to Fridays, or online using the department's Vital Records Online Service.

Arkansas divorce certificates cost $10 per copy requested - additional fees may apply, depending on your preferred request and delivery method. Requests are typically processed within 7 - 14 business days (walk-in requests may be fulfilled on the same day). You may contact the Department of Health via email for further assistance with obtaining an Arkansas divorce certificate.

Look Up Arkansas Divorce Decree

Arkansas divorce decrees are generated at the municipal level and maintained by the circuit clerk in the county where the divorce was granted. Interested parties who wish to obtain copies of these records may do so by taking the following steps:

• Identify the specific county where the divorce proceedings took place.
• Contact the circuit clerk for that county.
• Submit a request for the required divorce decree(s) to the circuit clerk, providing pertinent details like the names of at least one of the individuals named on the record and an approximate date of the divorce. Most clerk's offices typically provide request forms that may be submitted in person, via mail, or through dedicated online portals.
• Pay the applicable fees. Certified copies of divorce decrees typically cost around $5 per copy, however, actual fees may vary by county.

Look Up Arkansas Divorce Court Records

Interested parties may obtain copies of publicly accessible court records contained in an Arkansas divorce case file by submitting a request to the circuit clerk for the county where the divorce proceedings occurred. Requesters will typically need to provide details on the divorce that will enable the clerk's office to locate the specific case file and pay a stipulated fee, determined by the type of document and number of copies required.

The Arkansas judiciary also maintains the Search ARCourts system, which is a centralized platform that may be used to access public divorce court records online. Note that you will typically need to contact the appropriate circuit clerk's office directly to obtain certified copies of these records.

Can You Seal Divorce Records in Arkansas?

While Arkansas divorce records are generally available to the public, they may be sealed at the request of the involved parties and restricted from public access; however, this typically requires a court order based on a showing of good cause. Common reasons for which an order to seal a divorce record may be granted include to protect the privacy of individuals, prevent the disclosure of sensitive financial or medical information, or safeguard minor children and/or abuse victims.

Individuals who wish to get their divorce records sealed will have to file a motion with the circuit court that granted the divorce. The motion should clearly state the reasons for the request and provide supporting documentation to this effect. Once the motion has been properly filed, it will be reviewed by the court. In some cases, the court may hold a hearing to consider the arguments for and against sealing the records, balancing the need for privacy against the public's right to access court records under the state's Freedom of Information Act and other relevant statutes.

If the court finds compelling reasons to seal the records, it will issue an order specifying which records or information are to be sealed and the conditions under which they may be accessed.

How Long Does a Divorce Take in Arkansas?

The length of a divorce proceeding in Arkansas mostly depends on whether the divorce is contested or uncontested. Under state law (specifically Section 9-12-307 of the Arkansas Code), a divorce decree cannot be issued until at least 30 days after the divorce papers were filed. In situations where both spouses agree on all terms of the divorce, including property division, child custody, and support (an uncontested divorce), the divorce proceedings can usually be finalized relatively quickly, and the divorce decree is issued shortly after the 30-day waiting period. However, in cases where spouses disagree on significant issues (a contested divorce), the divorce proceedings typically take longer, often ranging from several months to over a year or more.

Does Arkansas Require Separation Before Divorce?

No, couples in Arkansas do not have to be separated before getting a divorce. However, under Arkansas law, divorces may be filed on the grounds of a couple living separately for 18 consecutive months without cohabitation.

How Are Assets Split in an Arkansas Divorce?

Arkansas generally follows the principle of equitable distribution when splitting assets between divorcing couples, meaning that the courts aim for a fair distribution of property between both parties. Under Arkansas law, marital property is divided 50/50 by default between both spouses, unless the court finds this approach unfair, in which case the property will be split equitably in consideration of certain factors, such as:

• The length of the marriage
• Each spouse's age, health, and station in life
• Each spouse's occupation and income sources (including the amount earned)
• Each spouse's employability and vocational skills
• Each spouse's estate, liabilities, needs, and future earning potential
• Each spouse's contributions to acquiring and maintaining marital property

Note that in situations where the court decides not to split marital property equally, it must explain its reasoning and include those details in the official order. Also, while non-marital property (property owned by a spouse before their marriage) is typically returned to its owner, the court may split this between the spouses if it deems it equitable, and must also justify its decision using the same factors listed above.

Who Gets Custody of a Child in Divorce in Arkansas?

Child custody decisions in Arkansas are based on the best interests of the child, rather than automatically favoring one parent. Historically, Arkansas courts tended to favor mothers in custody cases, a bias that largely stemmed from the "Tender Years Doctrine", which was a legal principle that presumed mothers were better suited to care for young children. However, Arkansas's modern child custody laws have abolished this doctrine; instead, the court's primary concern is to determine what custodial arrangement will best serve the child's physical, emotional, and financial well-being. Despite this legal change, custody rulings still tend to favor mothers in many cases - recent surveys indicate that fathers in Arkansas typically receive approximately 28.1% parenting time after a divorce, lower than the national average of 35%.

Arkansas recognizes two main types of custody:

• Legal custody deals with the right to make major decisions about the child's education, healthcare, and overall upbringing.
• Physical custody deals with where the child primarily lives.

Depending on the specifics of the cases, and factors like the child's relationship with each parent, the child's preferences, each parent's ability to provide a stable home, and their past conduct (toward the child), the court may award any of the following custody arrangements:

• Joint Legal Custody: Here, both parents share decision-making responsibilities concerning the child.
• Sole Legal Custody: Here, one parent has full authority over major decisions regarding the child.
• Joint Physical Custody: Under this arrangement, the child spends significant (but not necessarily equal) time with both parents.
• Primary Physical Custody: Here, the child lives mostly with one parent, while the other has visitation rights.
• Sole Physical Custody: Here, the child resides exclusively with one parent.
• Third-party Custody: Here, the state becomes the child's custodian.