how to file for divorce in alaska without a lawyer

by Prof. Aidan Kris Sr. 8 min read

To begin your uncontested divorce in Alaska, you will need to file a Petition for Dissolution of Marriage. There are two versions of the petition—which one you should fill out depends on whether you have children under age 19 with your spouse.

Full Answer

How to prepare before filing for divorce?

Feb 25, 2022 · When you file, you must be an Alaskan resident. Getting a divorce in Alaska doesn’t depend on being a resident for a specific amount of time. Military: A person serving in the military and their spouse will be able to file for divorce in Alaska as long as they have been stationed in Alaska for 30+ days. Grounds for divorce in Alaska

Can I file divorce in Alaska if my spouse lives?

Jul 08, 2021 · You do not need an attorney in Alaska to handle your divorce case. This works well in an uncontested divorce when you and your spouse agree on all issues prior to filing. What are the residency requirements for getting a divorce? The spouse who is filing for the dissolution of marriage must be a resident of the state of Alaska at the time of filing.

What is the cheapest way to get a divorce?

Mar 01, 2022 · An informal separation does not require a married couple in Alaska to file a Decree of Legal Separation or approval from a court. However, if a separated couple eventually files for divorce, it is important for the couple to keep track of when and for how long the couple decided to informally separate before filing for divorce.

What legal information do you need to file for divorce?

Jul 07, 2021 · Can I File for Divorce Without an Attorney? Yes. If you and your spouse agree on all issues, you can both file paperwork on your own with the court and a dissolution of your marriage will be granted. Even if you disagree on some issues, you’re not required to retain an attorney.

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How much does it cost to file for divorce in Alaska?

Filing fees for a dissolution or a divorce in Alaska are $250. If you can't afford to pay the filing fee, you may be eligible for a fee waiver. To ask the judge to waive your fees, you submit an Exemption From the Payment of Fees. This will be filed with your complaint when you open your case.

How much does uncontested divorce cost in Alaska?

The fee for filing an Alaska uncontested divorce petition is $250. If you are unable to pay this fee, you can request a fee waiver by filing out the form Exemption From the Payment of Fees, TF-920. Typically, you file the TF-920 with your petition at the beginning of your case.

How long does uncontested divorce take Alaska?

30 to 90 days
How long does a divorce take in Alaska? Once the Alaska divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Dissolution.

How fast can you get a divorce in Alaska?

Is there a waiting period before a divorce or dissolution is finalized in Alaska? Generally, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final divorce decree.

Can one person file for divorce?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.Feb 2, 2022

Is adultery illegal in Alaska?

Under Alaska divorce laws, adultery is one of the acceptable grounds (reasons) for divorce. Some other grounds are: conviction of a felony. willful desertion for a period of one year.

How do I write a divorce petition?

How to Draft a Divorce Petition?
  1. Court. ...
  2. Matter. ...
  3. Give space for case number (as it will be given by the court clerk) and mention year.
  4. Details of parties to the application. ...
  5. Facts of the matter. ...
  6. Alimony. ...
  7. Any other proceedings filed apart from this in this Honorable Court or in any other Court in India. ...
  8. Court fee.

How long do I have to live in Alaska to file for divorce?

According to Alaska law, if the couple has lived in Alaska for at least 6 consecutive months within six years prior to filing for divorce, the court will have jurisdiction over the divorce action.

Is Alaska a no fault state for divorce?

Alaska Allows No-Fault Divorce

Marriage is a legal contract, so a court must have a legally acceptable reason—or, grounds— before it can approve a divorce. Each state's no-fault grounds vary, but the overall idea is the same—that the marital relationship is broken and there's nothing either spouse can do to fix it.

How does divorce work in Alaska?

To file for a dissolution, both spouses usually jointly fill out, sign, and file dissolution papers with the court. However, it could be possible for one spouse to apply on his/her own if the whereabouts of the other spouse are unknown and that spouse cannot be personally served with the court papers.

Is Alaska an alimony state?

Some people call this alimony, but in Alaska it is called spousal support. The court may order spousal support to be paid before the divorce is final, after the divorce, or both. But usually, the court orders spousal support for a specific purpose and a limited amount of time.

How long keep divorce papers?

How long should I keep divorce papers? Most experts say that it is best to always keep legal documents forever. A birth certificate is one such document. And for those who wonder how long to keep divorce papers, it is highly recommended that you keep them on hand forever, as well.Sep 9, 2017

Get Your Divorce Forms Completed Online

As a document preparation service, Alaska Online Divorce allows you to get your divorce documents completed at any time that is convenient for you, without even leaving home. Simply follow our step-by-step instructions, and we will help you work your way through the uncontested divorce process in the state of Alaska.

Online Divorce Without a Lawyer in Alaska

All you need to do to get your ready-made documents is to go through the questionnaire on our website providing the main details about your dissolution case. This information will help us to customize the Alaska divorce forms according to your specific situation without missing a single important detail.

Can you file for non-contested divorce in Alaska?

As mentioned above, no party is at fault for a non fault divorce in Alaska. You and your spouse just growing apart over the years will be more than enough to be able to file for a non contested divorce and will make the divorce process much easier and faster.

Can a non fault divorce be considered in Alaska?

As mentioned above, no party is at fault for a non fault divorce in Alaska.

How long can you stay in Alaska for divorce?

Military: A person serving in the military and their spouse will be able to file for divorce in Alaska as long as they have been stationed in Alaska for 30+ days.

Why is there no fault in divorce in Alaska?

Reasons for a no Fault Divorce: Incompatibly: You and your spouse have agreed that the marriage has reached a point of irreparable. As mentioned above, no party is at fault for a non fault divorce in Alaska. You and your spouse just growing apart over the years will be more than enough to be able to file for a non contested divorce ...

How long can a military spouse file for divorce in Alaska?

Military: A person serving in the military and their spouse will be able to file for divorce in Alaska as long as they have been stationed in Alaska for 30+ days.

What is the reason for an at fault divorce?

The typical at fault divorce reason is for adultery. Reasons for at Fault Divorces: Adultery: A spouse has sexual intercourse with someone other than their spouse. Failure to consummate: An inability or refusal to have sexual relations with a spouse.

Is there a residency requirement for divorce in Alaska?

The spouse who files for a divorce in Alaska must be a resident at the time of filing. There is no limit of residency that is needed for a person filing for a divorce.

How long do you have to live in Alaska to get divorce?

If you have children, and you file in Alaska, the children must live in Alaska for 6 months for the court to have jurisdiction over the divorce and rule on the divorce with children.

How to notify spouse of divorce?

After your forms have been filed with the court , you must notify your spouse of your intention to divorce them by completing service of process. This entails delivering a copy of the legal document to the other person. You must complete service immediately after filing with the court.

Is filing for divorce intimidating?

We know that filing for divorce can be an intimidating process. It’s easy to make mistakes along the way, and those mistakes can be costly. The best thing you can do to avoid mistakes is make sure that you’re prepared with all of the necessary information as early on as possible. Here are some of the important things to know as part ...

Where to serve documents to spouse?

If your spouse is represented by a lawyer, serve all documents at the lawyer’s office or to the lawyer’s mailing address. Do not send copies to the opposing party if he or she is represented. If the opposing party is representing themselves, serve at their home address.

What happens if you get divorced and you are uncontested?

If your divorce is uncontested, you will have a hearing scheduled in front of a judge. The judge will review your proposed settlement and sign a final dissolution if all is in order. If you have a contested divorce, you may be able to go through mediation or collaboration to resolve your differences.

How to ask a judge to waive fees?

To ask the judge to waive your fees, you submit an Exemption From the Payment of Fees. This will be filed with your complaint when you open your case. The court will hold on to your complaint until after the judge rules on the waiver. If it is granted, the clerk will fill out the bottom half of your summons.

How long is Alaska considered a resident?

Any person who is serving in a military branch of the United States government who has been continuously stationed at a military base or installation in the state of Alaska for at least 30 days is considered a resident of the state.

How to speed up divorce in Alaska?

The best way to speed your divorce in Alaska is to cooperate with your spouse. When you can agree on all issues in advance, your divorce will be over relatively quick, and with the least amount of financial and emotional pain.

What is a divorce decree in Alaska?

A Divorce Decree is an Alaskan court’s final order granting you a divorce. It contains detailed instructions regarding your legal obligations for all issues. Once a decree has been approved and signed by a judge, you are officially divorced and free to marry again, if you so choose.

Can a marriage be annulled in Alaska?

Alaska does not provide for annulments. However, under some circumstances, a marriage can be declared void. This is the equivalent as if the marriage never happened. A marriage can be voided in Alaska if:

What is the traditional approach to divorce?

Litigation is a traditional approach to divorce. You and your attorneys engage with your spouse and their attorneys in an attempt to negotiate a settlement before going to trial. About 95% of all litigated divorces end this way. If you can reach an agreement through a negotiated settlement or arbitration instead of a trial, then you can save some time and aggravation.

What happens when two people try to settle their affairs?

When two people have tried other ways of settling their marital affairs, and there is a high degree of conflicts and outstanding issues, a trial often results . These can be long, drawn-out, and expensive with a judge who will make rulings based on applicable state law. You may also not like the rulings that are decided by a judge, and you’ll have little recourse in most cases to modify the results.

What is the phone number for a separation with no children in Alaska?

Judgment and Decree for Legal Separation with Property and No Children, SHC-596. For forms and information about the process, call the Family Law Self-Help Center Monday –Thursday 7:30 am to 6 pm: (907) 264-0851, or if you need a free call and are calling from a non-Anchorage number in Alaska (866) 279-0851.

Is legal separation required before divorce?

No, a legal separation is not a required step before getting a divorce. It is a totally separate process, although the court treats (1) the division of marital property and debts and (2) the parenting plan and child support for their children the same in a legal separation and a divorce. Return to top.

Is divorce a separate process?

It is a totally separate process, although the court treats (1) the division of marital property and debts and (2) the parenting plan and child support for their children the same in a legal separation and a divorce. Return to top.

What is legal separation?

A legal separation is a formal court process that recognizes the couple’s specific status as having a "legal separation.". To use this process, the couple wants to separate but stay legally married to protect significant religious, financial, social or legal interests. A legal separation results in a court order that outlines each spouse’s legal ...

What happens if one spouse wants a divorce?

If one spouse wants a divorce, the court will grant a divorce instead of a legal separation and the marriage will end. What to file depends on whether the court granted the legal separation already.

What happens if the court issues a final order about property and debt division in the legal separation?

If the court issued a final order about the property and debt division in the legal separation, It is very difficult to change the outcome of final property and debt decisions.

Why do couples want to separate but stay married?

To use this process, the couple wants to separate but stay legally married to protect significant religious, financial, social or legal interests. A legal separation results in a court order that outlines each spouse’s legal rights and responsibilities about their property and debt, parenting their children and child support. Return to top.

Can you file for divorce in Alaska?

The spouses must file together unless the filing spouse cannot find the other despite making reasonable efforts to do so. Both spouses must agree on all major issues to proceed with an uncontested divorce.

How much does it cost to file a divorce in Alaska?

The fee for filing an Alaska uncontested divorce petition is $250. If you are unable to pay this fee, you can request a fee waiver by filing out the form Exemption From the Payment of Fees, TF-920. Typically, you file the TF-920 with your petition at the beginning of your case. The court will not act on your petition until the judge rules on whether you will be exempt from having to pay court fees; some courts require you to return to the court to pick up the summons (the document that lets your spouse know that the dissolution case has begun), so ask the clerk at your local court what the procedure is.

What are the two types of divorce?

There are generally two types of divorce available in most states: contested and uncontested. A divorce is "contested" when the spouses don't agree on some or all aspects of the divorce, meaning that a judge will hold a trial, examine the evidence, and call witnesses. The contested divorce process takes quite a while.

What is contested divorce?

A divorce is "contested" when the spouses don't agree on some or all aspects of the divorce, meaning that a judge will hold a trial, examine the evidence, and call witnesses. The contested divorce process takes quite a while. In contrast, in an uncontested divorce (also called a "dissolution of marriage" in Alaska), ...

Is an uncontested divorce cheaper than a traditional divorce?

An uncontested divorce is much faster and cheaper than traditional divorce—spouses can often use a DIY solution like an online divorce ...

Do you have to file for divorce together?

The spouses must file together unless the filing spouse cannot find the other despite making reasonable efforts to do so. Both spouses must agree on all major issues to proceed with an uncontested divorce. These issues include alimony, child custody, child support, and division of property and debt.

What are the issues that must be resolved in an uncontested divorce?

These issues include alimony, child custody, child support, and division of property and debt.

How to get a no fault divorce in Alaska?

To get a no-fault divorce in Alaska you need to state in the Petition that an “incompatibility of temperament has caused the irremediable breakdown of the marriage.”. There are fault-based grounds for divorce, such as adultery, conviction of a felony, desertion, physical and mental abuse, and drug or alcohol addiction.

What are the grounds for divorce in Alaska?

Grounds are legally recognized reasons to get a dissolution or divorce. This is the justification for severing the marital relationship. Alaska, like most states, has what are commonly called no-fault grounds for divorce, and more traditional fault-based grounds. To get a no-fault divorce in Alaska you need to state in the Petition that an “incompatibility of temperament has caused the irremediable breakdown of the marriage.”

How to divorce a spouse?

In addition to the standard divorce procedure, there is also a simplified procedure that is called a dissolution of marriage. You and your spouse may use the dissolution procedure if you both: 1 agree that the no-fault grounds for dissolution exist, 2 agree on the custody, visitation, and support of any minor children, 3 agree on the division of your property, and 4 agree on how your debts will be paid.

What happens if you divorce a married couple?

A divorce for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting after the divorce, the issue of alimony may also arise.

What happens if you get divorced and you have minor children?

If there are minor children, they will also need to resolve issues of child custody, visitation, and support.

What is the process of dissolution of marriage?

In addition to the standard divorce procedure, there is also a simplified procedure that is called a dissolution of marriage. You and your spouse may use the dissolution procedure if you both: agree on how your debts will be paid. You begin the procedure by filing a Petition for Dissolution of Marriage.

Can you use divorce if your spouse is not able to be located?

As a practical matter, you would only use the divorce procedure if your spouse can be located and does not agree to the settlement of all issues. There would most likely be more documents filed than with the dissolution procedure, and the court hearing would likely be more complicated.

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