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Alaska
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Alaska Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Alaska Residency Requirement
According to the Alaska Divorce Laws and Alaska Divorce Guidelines,
the spouse filing for divorce in Alaska must be a resident. There
is no minimum time period requirement.
Place of Divorce (Venue)
The case may be filed in:
(1) county where defendant resides
(2) county where spouses both resided at the time of their separation
(3) county where plaintiff resides if defendant is not a resident
of Alaska.
Simplified or Special Divorce Procedures
The spouses may "jointly" petition
the court for a "Dissolution of Marriage"on the grounds
of Incompatibility of Temperament which has caused the irremediable
breakdown of the marriage, under the following conditions:
(1) if there are minor children or the wife is pregnant, the spouses
have agreed on the custody, visitation, and support of the child
or children.
(2) the spouses have agreed to the distribution of all jointly-owned
property (including retirement benefits) and the payment of spousal
support, if any.
(3) the spouses have agreed as to the payment of all unpaid obligations
incurred by either or both of them, and to the payment of obligations
incurred jointly in the future.
The petition for dissolution of marriage
may be made by 1 spouse individually if:
(1) the grounds for the dissolution of marriage is the incompatibility
of temperament, evidenced by extended separation of the spouses,
which has caused the irremediable breakdown of the marriage;
(2) the petitioning spouse has been unable to ascertain the other
spouse's position regarding the dissolution of marriage of their
marriage, the division of their property, and the division of their
obligations, custody, support, and visitation of any child or children,
because the whereabouts of the other spouse is unknown to the petitioning
spouse, after reasonable efforts to locate the absent spouse;
(3) the other spouse cannot be personally served with process inside
or outside the state. Filing for a dissolution of marriage does
not preclude filing for a divorce.
Alaska Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Incompatibility of temperament which has caused the irremediable
breakdown of the marriage.
Grounds for a Fault based divorce:
(1) Adultery
(2) incurable mental illness and confinement for 18 months
(3) drug abuse
(4) failure to consummate marriage
(5) conviction of a felony
(6) willful desertion of over 1 year
(7) cruel and/or inhuman treatment
(8) personal indignities
(9) habitual drunkenness
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Alaska, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Alaska divorce guidelines and Alaska divorce laws,
is a scenario where the spouses agree on the terms of the divorce
such as Alaska property distribution, Alaska child support, or
Alaska child custody. Most of our clients (75%) prefer the Agreed
Divorce method and both spouses sign the divorce papers and are
agreed to the terms of divorce.
- A Default Divorce
, according to the Alaska
divorce guidelines and Alaska divorce laws,
is a divorce where the other spouse doesn’t sign the Alaska Divorce
forms or Alaska divorce papers, he/she doesn’t do anything at
all with the divorce. They simply default on the case and the
spouse who files for divorce gets whatever was asked for in the
original paperwork.
Process to file for Divorce in
Alaska
There are only three basic procedural steps to a divorce:
- File Alaska Divorce Papers (Alaska Divorce
Forms)
- Notify Spouse of your filing for divorce
in Alaska
- Attend your Alaska divorce hearing
Alaska Child Custody
Simple Definitions: (source: Alaska divorce guidelines and Alaska
divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Alaska Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Alaska divorce
customers. If a sole custody arrangement is to be considered, then
there is usually a reason agreed upon by both parties that
one parent is to have the children. Usually the financial status
of a parent is not to be considered for allocating any parental
rights and responsibilities. Shared Custody or Sole Child Custody
may be awarded according to the best interests of the child.
Alaska Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Alaska Child Support Guidelines. The guideline amount is
presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Alaska divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Alaska.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Alaska. It
may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Alaska often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Alaska, fees must usually
be paid when you file the Alaska divorce forms and Alaska divorce
papers at your county courthouse. These fees vary between County
to County, so it is best to call them and ask what the fees
are in your County. Regardless of whether you are going through
a divorce service, using a Alaska divorce kit, using a divorce attorney
(or divorce lawyer), or doing a nearly free divorce in Alaska, you
will almost always be the one to cover the court fees which is standard
procedure.
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 Divorce
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| 1 |
After
you order, send in your information via the Divorce
Questionnaire. |
| 2 |
We
complete your divorce forms in 2-3 business days and
email them back for your review. |
| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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