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.
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Ten Things You MUST Do Before You File for Divorce
You are considered a resident if you intend to stay in Alaska as your permanent residence. If your spouse lives in Alaska with the intention to stay permanently in Alaska you can file for divorce in Alaska.
What Is the Cheapest Way to Get a Divorce?
$250Filing 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.
30 to 90 daysOnce 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.
You can find the the forms and instructions for both divorce and dissolution of marriage on the website for the Alaska Courts Self-Help Center. There are separate forms for marriages without children and with children. You can also find additional information on the divorce process at AlaskaLawHelp.org.
30 daysIs 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.
Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesAlaska$250 (additional $75 fee to file a modification for child custody, visitation, or support, or for spousal maintenance or property division)Arizona$280Arkansas$165California$435 (Ask for a fee waiver)48 more rows•Jul 21, 2020
Alaska is a "no fault" divorce state, which allows for divorce on the basis of an "incompatibility of temperament." This means that even if your spouse is entirely opposed to ending your marriage, you can still request, and receive, a divorce from the Court.
For those seeking an inexpensive divorce in the state of Alaska, online divorce can be an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case.
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.
Like many states, Alaska allows couples to request a legal separation instead of divorce. Either spouse must first file a petition (request) with the court asking for intervention. The petition should include pertinent information like each spouses' name, address, and dates for the marriage and separation.
Divorced couples may face an additional remarriage waiting period, up to 90 days....State waiting times for remarriage after divorce.To remarry after divorceTo apply for a marriage licenseAlabama60 daysNo restrictionsAlaskaNo restrictions3 business daysArizonaNo restrictionsNo restrictions48 more rows•Dec 4, 2015
If you filed for divorce in the United States, you generally can obtain a divorce decree from the court that issued the document. Alternatively, you can request an official copy from the office of vital records in the state where your divorce was finalized.
Overview of Uncontested Divorce in Alaska In Alaska, when spouses have decided to divorce and agree on how to proceed, they can jointly file for a "dissolution of marriage." The spouses must file together unless the filing spouse cannot find the other despite making reasonable efforts to do so.
If you or your spouse are in the armed forces, you can get a divorce in Alaska if you have been stationed in-state for at least 30 days prior to filing.
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.
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.
You will submit an affidavit with the court to verify that this important step has been completed. Your spouse will then have 20 days to file an answer with the court.
When you go through mediation or a collaborative divorce, the process can take several months, depending on the complexity of your issues and how quickly you can resolve them. Litigated divorces, especially those with numerous issues or a high level of disagreement can easily last for a year or longer.
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.
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.
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.
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.
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.
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.
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:
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.
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.”
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.
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.
You and your spouse may use the dissolution procedure if you both: agree that the no-fault grounds for dissolution exist, agree on the custody, visitation, and support of any minor children, agree on the division of your property, and. agree on how your debts will be paid. You begin the procedure by filing a Petition for Dissolution of Marriage. ...
In Alaska alimony is called maintenance. In determining whether to award maintenance, and the amount and duration, the judge must consider factors (1) through (5) listed above for property division, plus the division of property and any other factors the court determines to be relevant. Maintenance in Alaska may be awarded for a limited or an indefinite period of time, and in a lump sum or in installments.
Child support is determined by taking into account the needs of the child, and each parent’s relative ability to meet those needs. This is determined by reference to the Alaska child support guidelines found in Rule 90.3 of the Alaska Rules of Civil Procedure.
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.
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.
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.
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.
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.
Yes. If the court issued a Decree for a Legal Separation and one or both spouses later want the marriage to end, either can file: Motion & Affidavit to Convert the Legal Separation to Divorce, SHC-1336, and. Order to Convert the Legal Separation to Divorce, SHC-1337.
If the health insurance will not change after a legal separation, they may want a legal separation to keep the coverage. Some insurance companies may not continue coverage after the court issues a Legal Separation Decree so if you need your spouse’s medical insurance, talk to a lawyer before the legal separation is finalized to understand your ...
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.
Preparing Your Forms. In order to start the divorce process, you'll need to complete some forms . You can obtain the forms online, from the Alaska Court Systems Online Self-Help Center, but you should double-check with your local court to make sure the judges there will accept them.
If you and your spouse agree on all the important issues, an Alaska court will grant you a dissolution of marriage, which means that the marriage has ended by mutual agreement. (See AK ST § 25.25.050.)
A Financial Declaration is an affidavit, or statement sworn in front of a notary, that details each spouse's finances, from assets and debts, to income and expenses.
If that isn't possible, you can use the Divorce Complaint Packet (SHC-PAC9B). If you and your spouse disagree about ending the marriage, reclaiming a former name, or dividing the property and debts, use the Divorce Without Children Complaint Packet (SHC-183).
Either way, the marriage will be over. If you can't agree on all of your divorce-related issues, you may have to proceed to trial.
You have to serve the Summons and Complaint either by using certified mail, return receipt requested or you must hire a process server.
Another good alternative is to call the Family Law Self-Help Center at (907) 264-0851 (statewide) or (866) 279-0851 (toll-free). You can call Monday through Thursday, 7:30 a.m. to 6:00 p.m., Alaska time.