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Alaska Divorce Forms and Information
Alaska No-Fault Agreed Uncontested Divorce Package for Dissolution of...

Alaska Divorce Forms With Agreement

Category:

Family Law - Divorce - With Children

State:

Alaska

Control #:

AK-006-D

Format:

Instant download

Description

This divorce package includes (1)Information about Divorce, (2) Forms List, (3) Forms Explanations, (4) Instructions and Steps, (5) Checklist, (6) Forms and (7) Access to Divorce Law Summary for Your State. The forms include the required petition or complaint, waiver, separation agreement, financial reporting statements, judgment and other forms to complete your divorce.

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How to fill out Alaska No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For People With Minor Children?

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Divorce Package

Make the process of finding the needed Divorce Package more straightforward. Choose your state, clarify circumstances, and get forms that suit your case.

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FAQ

The court fees for filing the paperwork for a basic divorce in a Alaska court is $200.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

First, complete the Divorce Certificate Form. Send it to hss.vr.apps@alaska.gov when choosing the email option. To deliver the request by fax, download, print, and complete the application form and then fax it to the Juneau Vital Records Office at (907) 465-3618.

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.

You can file the same paperwork as any married couple in Alaska to get a divorce. To start a case in court, you must file a document called either a complaint or a petition, and required attachments. The kind of complaint or petition you file will depend on your situation.

Unlike in a divorce where a spouse has to allege a reason or ground for divorce, the dissolution petition lists the reason for dissolution as Our marriage has broken down and we no longer want to be married. In the law, the technical language for this is incompatibility of temperament has caused the irremediable

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Alaska No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children

Divorce - State Law Summary - Alaska

Notes: This summary is not intended to be an all inclusive summary of the laws of divorce in Alaska, but does contain basic and other procedures.

Residency requirements

Alaska requires that the spouse filing for divorce be a resident of the state. There is no residency time limit for filing of divorce actions. AS 25.24.080

Grounds for divorce

A divorce may be granted for any of the following grounds:
(1) failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;
(2) adultery;
(3) conviction of a felony;
(4) wilful desertion for a period of one year;
(5) either
(A) cruel and inhuman treatment calculated to impair health or endanger life;
(B) personal indignities rendering life burdensome; or
(C) incompatibility of temperament;
(6) habitual gross drunkenness contracted since marriage and continuing for one year prior to the commencement of the action;
(7)[Repealed, Sec. 68 ch 127 SLA 1974].
(8) incurable mental illness when the spouse has been confined to an institution for a period of at least 18 months immediately preceding the commencement of the action; the status as to the support and maintenance of the mentally ill person is not altered in any way by the granting of the divorce;
(9) addiction of either party, subsequent to the marriage, to the habitual use of opium, morphine, cocaine, or a similar drug

Dissolution of marriage

Alaska permits "no-fault" divorces, or dissolution of marriage, to awarded on the grounds of incompatibility of temperament which has caused the irremediable breakdown of the marriage. The petition must include detailed provisions regarding custody and child support, visitation, alimony and division of property. The spouses may jointly file for dissolution of marriage if:

1. Incompatibility of temperament has caused the irremediable breakdown of the marriage.
2. If there are unmarried children of the marriage under the age of nineteen (19) or the wife is pregnant, all issues regarding custody, support and visitation have been settled.
3. The spouses have agreed to the distribution of all real and personal marital property and,
4. The parties have reached an agreement regarding the payment of all unpaid obligations incurred by either or both of them, and as to the payment of obligations incurred jointly in the future.

Either of the parties may separately file for dissolution of marriage if:

1. Incompatibility of temperament has cause the irremediable breakdown of the marriage.
2. The petitioning spouse is unable to determine the other spouse's position regarding dissolution of the marriage, division of property, alimony, payment of debts, custody, child support, etc.
3. The other spouse cannot be served with process inside or outside the state.

A spouse personally served may execute an Appearance and Waiver, thereby dispensing with the need for that spouse to attend the hearing. AS 25.24.200 to Sec. 25.24.260.

Legal separation

There is no specific provision in the Alaska Statutes that provide for legal separation.

Name of court and title of action/parties

An action for divorce in Alaska is filed in the Superior Court. If the divorce is based upon grounds of fault, the title of the action initiating the proceeding is a Complaint for Divorce, while the title of the action granting the divorce is referred to as the Judgement of Divorce. If the action is based upon the no-fault grounds permitted in Alaska, the action is entitled a Petition for Dissolution of Marriage, and the title of the action granting the divorce is referred to as the Decree of Dissolution of Marriage. If the action is based upon grounds of fault, the party filing the action is referred to as the Plaintiff and the other party is the Defendant. If the proceeding is based upon the no-fault grounds, the party filing the action is the Petitioner, and the other party is the Respondent.

Mediation

Under most circumstances, a party to a divorce action may file a motion requesting mediation for the purpose of achieving a mutually agreeable settlement. The court on its own motion may order the parties to participate in mediation if it determines that mediation may result in a more satisfactory settlement between the parties. AS 25.24.060

Alimony/support

Alimony may be awarded to either party without regard to fault in either lump sum or installment payments. Factors the court may consider in determining alimony include:

1. The length of the marriage and the station in life of the parties during the marriage.
2. The age and health of the parties.
3. The earning capacity of the parties.
4. The financial condition of the parties.
5. The conduct of the parties, including whether there has been an unreasonable depletion of marital assets.
6. The division of property.
7. Any other relevant factors.

Child custody

The court shall determine custody based upon the best interests of the child. In determining the best interests of the child, the court shall consider the following:

1. The physical, emotional, mental, religious and social needs of the child.
2. The capability and desire of each parent to meet these needs.
3. The child's preferences if the child is of sufficient age and capacity to form a preference.
4. The love and affection existing between the child and each parent.
5. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
6. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent.
7. Any evidence of domestic violence, child abuse or child neglect.
8. Evidence of substance abuse.
9. Any other factors the court deems relevant. AS 25.24.150

Distribution of property

Alaska is an equitable distribution state, which means that the court will divide the marital property between the parties as it deems equitable and just, without regard to fault. Factors the court will consider in dividing the property include:

1. The length of the marriage.
2. The age and health of the parties.
3. The earning capacity of the parties.
4. The financial condition of the parties.
5. The conduct of the parties, including whether there has been an unreasonable depletion of marital assets.
6. The desirability of awarding the family home, or the right to live in it for a reasonable period of time to the party with custody of the child, if any.
7. The circumstances and necessities of each party.
8. The time and manner of acquisition of the property in question, and,
9. The income producing capacity of the property and the value of the property at the time of division. AS 25.24.160.

Child support

The court may order either or both parties to pay child support, in either lump sum or periodic payments. Alaska has established Child Support Guidelines which set the presumptive correct amount of child support. Deviation from these guidelines require a showing that application of the guidelines would result in a unjust result. AS 25.24.160.

Name change

In a judgment of divorce, the court may change the name of either party. AS 25.24.165.

Alaska No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children

Divorce - State Law Summary - Alaska

Notes: This summary is not intended to be an all inclusive summary of the laws of divorce in Alaska, but does contain basic and other procedures.

Residency requirements

Alaska requires that the spouse filing for divorce be a resident of the state. There is no residency time limit for filing of divorce actions. AS 25.24.080

Grounds for divorce

Dissolution of marriage

Either of the parties may separately file for dissolution of marriage if:

A spouse personally served may execute an Appearance and Waiver, thereby dispensing with the need for that spouse to attend the hearing. AS 25.24.200 to Sec. 25.24.260.

Legal separation

There is no specific provision in the Alaska Statutes that provide for legal separation.

Name of court and title of action/parties

Mediation

Alimony/support

Alimony may be awarded to either party without regard to fault in either lump sum or installment payments. Factors the court may consider in determining alimony include:

Child custody

The court shall determine custody based upon the best interests of the child. In determining the best interests of the child, the court shall consider the following:

Distribution of property

Child support

Name change

In a judgment of divorce, the court may change the name of either party. AS 25.24.165.

Alaska Divorce Forms With Agreement

Description

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How to fill out Alaska No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For People With Minor Children?

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FAQ

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

How do I get a copy of my divorce decree in Alaska?

How long does an uncontested divorce take in Alaska?

How do I get divorce papers in Alaska?

What is the difference between a dissolution and a divorce in Alaska?

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Alaska Divorce Forms With Agreement

Description

Related forms

Related legal definitions

Viewed forms

How to fill out Alaska No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For People With Minor Children?

Divorce Package

Form popularity

FAQ

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

How do I get a copy of my divorce decree in Alaska?

How long does an uncontested divorce take in Alaska?

How do I get divorce papers in Alaska?

What is the difference between a dissolution and a divorce in Alaska?

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