Online Divorce In Alaska

Divorce is the legal process by which a marriage is dissolved, and both parties are free to remarry or enter into a new legal union. It is a complex and emotional process requiring careful consideration and planning. In Alaska, divorce is governed by specific laws that must be followed to ensure a fair and just resolution for both parties.

Alaska’s divorce laws cover a range of issues, including property division, child custody, child support, and spousal support. These laws are designed to protect the rights of both spouses while ensuring a fair and equitable outcome. Understanding these laws is crucial for anyone considering divorce in Alaska, as failure to do so could result in an unfair or unfavorable outcome.

What Are Grounds for Divorce in Alaska?

The grounds for divorce in Alaska are outlined in the Alaska Statutes, Title 25 – Marital and Domestic Relations, Chapter 24 – Divorce and Dissolution of Marriage.

A. No-Fault Grounds

Alaska’s no-fault ground for divorce is irreconcilable differences, as provided in Alaska Statutes § 25.24.200(a)(1). This means the marriage has irretrievably broken down, and there is no hope of reconciliation between the parties. The filing spouse must show that there is a complete breakdown in the marital relationship and there is no reasonable prospect of reconciliation.

B. Fault Grounds

Alaska Statutes § 25.24.050 outlines the fault grounds for divorce in Alaska, which include:

  1. Adultery: The voluntary sexual intercourse of a married person with someone other than the offender’s spouse.
  2. Cruelty: Behavior that endangers a spouse’s physical or mental health or that makes the spouse’s living conditions intolerable.
  3. Desertion: The willful and continued absence of a spouse from the marital home for one year without the other spouse’s consent.
  4. Conviction of a felony: When one spouse is convicted of a felony and sentenced to imprisonment for two years or more.

In a fault divorce, the filing spouse must provide evidence to support the grounds for divorce. The court will then determine whether the evidence is sufficient to grant a divorce on fault grounds.

Residency Requirements for Divorce in Alaska

To file for divorce in Alaska, at least one spouse must be a state resident. Alaska’s residency requirement is outlined in Alaska Statutes § 25.24.080, which states that either spouse must have been a resident of Alaska for at least 90 days before filing for divorce.

How to Establish Residency in Alaska for Divorce

To establish residency in Alaska for divorce, one spouse must physically reside in Alaska for at least 90 days before filing for divorce. The residency requirement is typically established by providing documentation such as a driver’s license, voter registration, or utility bills demonstrating that the filing spouse has lived in Alaska for at least 90 days.

Exceptions to Residency Requirements

There are a few exceptions to Alaska’s residency requirement for divorce. These exceptions are outlined in Alaska Statutes § 25.24.090 and include:

  1. Military Service: If one or both spouses are in the military and stationed in Alaska, they may file for divorce even if they have not established residency there.
  2. Emergency: In specific emergencies, such as domestic violence, one spouse may be able to file for divorce without meeting the residency requirement.

Process To File Online Divorce In Alaska

In Alaska, the divorce process typically involves several steps, including filing a divorce petition, serving the other spouse with the petition, and negotiating or litigating issues such as property division, child custody, and support.

Steps Involved in Filing for Divorce in Alaska

The specific steps involved in filing for divorce in Alaska include:

  1. Filing a Petition for Divorce: The first step in the divorce process is filing a Petition for Divorce with the court. This document outlines the grounds for divorce and the relief being sought by the filing spouse, such as property division, child custody, and support.
  2. Serving the Other Spouse: After filing the Petition for Divorce, the other spouse must be served with a copy of the petition and a summons. Service can be accomplished by personal service, certified mail, or publication if the other spouse cannot be located.
  3. Response to the Petition: Once served, the other spouse has 20 days to file a response to the Petition for Divorce. The response typically denies or admits the allegations in the petition and may include a counterclaim for relief.
  4. Discovery: After the initial pleadings are filed, both parties engage in a discovery period where they exchange information and documentation relevant to the divorce case.
  5. Negotiation and Settlement: Once discovery is complete, the parties may engage in negotiation and settlement discussions to try and resolve any issues related to the divorce, such as property division, child custody, and support.
  6. Trial and Judgment: If the parties cannot reach a settlement, the case will proceed to trial, where a judge will hear evidence and decide on the disputed issues. Once a judgment is entered, the divorce is final.

Child Custody and Support in Alaska Divorce Cases

Child custody is one of the most important and emotional issues to address during a divorce. In Alaska, child custody is determined based on the child’s best interests. Alaska’s child custody laws are outlined in Alaska Statutes § 25.20.060, which provides that custody should be awarded based on the child’s best interests, taking into account various factors.

Factors Considered in Determining Child Custody in Alaska

Alaska courts consider several factors when determining child custody, including:

  1. The wishes of the child
  2. The relationship between the child and each parent
  3. The physical, emotional, and mental health of the child and the parents
  4. The ability of each parent to provide for the child’s needs, including housing, food, and medical care
  5. The willingness of each parent to facilitate and encourage a relationship between the child and the other parent
  6. Any history of domestic violence or abuse

In Alaska, custody can be awarded to one parent, known as sole custody, or to both parents, known as joint custody. Joint custody can be joint legal custody, joint physical custody, or both.

Overview of Alaska’s Child Support Laws

Alaska’s child support laws are designed to ensure that both parents contribute to their child’s financial needs. Child support is determined based on the Alaska Child Support Guidelines, which are found in Alaska Statutes § 25.27.010 et seq.

Under the guidelines, child support is calculated based on the gross income of both parents, as well as the number of children and the amount of time each parent spends with the children. The court may also consider other factors, such as childcare and medical expenses.

Once child support is ordered, it is typically paid through a wage withholding order or directly to the other parent. Failure to pay child support can result in legal penalties, including fines and even imprisonment.

Alternative Dispute Resolution in Alaska Divorce Cases

Alternative dispute resolution (ADR) is a process of resolving disputes outside of court, with the help of a neutral third party. In divorce cases, ADR can effectively resolve issues such as property division, child custody, and support without the need for costly and time-consuming litigation.

Overview of Mediation and Arbitration

Two common types of ADR used in Alaska divorce cases are mediation and arbitration. Mediation involves a neutral third party, a mediator, who works with the parties to help them reach a mutually acceptable agreement. The mediator does not make decisions for the parties but instead facilitates discussion and negotiation.

Arbitration, on the other hand, involves a neutral third party, called an arbitrator, who acts like a judge and decides on disputed issues. The decision of the arbitrator is binding on the parties and can be enforced like a court judgment.

Benefits of Alternative Dispute Resolution in Divorce Cases

There are several benefits to using ADR in divorce cases, including:

  1. Confidentiality: ADR is private and confidential, unlike litigation, which is a matter of public record.
  2. Control: Parties have more control over the outcome of the dispute in ADR, as they are actively involved in the process and have a say in the outcome.
  3. Time and Cost Savings: ADR is typically faster and less expensive than litigation, as there are fewer procedural requirements and less time spent in court.
  4. Preservation of Relationships: ADR can help preserve relationships between the parties, especially when children are involved, as it focuses on finding common ground and cooperatively resolving issues.

The relevant law numbers for ADR in Alaska can be found in Alaska Statutes, Title 9 – Code of Civil Procedure, Chapter 45 – Alternative Dispute Resolution.

Forms Required To File in Divorce In Alaska(Free Download)

Packet SHC-PAC1A – Packet for Divorce Complaint with Children

Download all the Alaska divorce forms for free from here :

Instructions

All the divorce forms required to start a case in Alaska

Clerical Forms Needed

  • Form CIV-125S – Case Description Form —–> Download CIV-125S for free
  • Form VS-401 – Certificate of Divorce, Dissolution or Annulment

Optional Forms Required Depending On The Case

(note – DR-151 is required if you believe that sharing this information with the other party or making it public could endanger your or your child’s health, safety, or freedom, use this form.)

  • Paternity forms – Will be available at the court
  • Form SHC-1000 – Property & Debt Worksheet —–> Download SHC-1000 for free

(note – SHC-1000 is required if there is a chance of default.)

SHC-PAC1B – Packet for Divorce Without Children

Download for free from below :

Instructions

  • Document SHC-183 – Instructions for Filing a Complaint for Divorce Without Children.

Required Forms To Start An Uncontested Divorce Case

Required Clerical Forms

  • Form CIV-125S – Case Description Form —–> Download CIV-125S for free
  • Form VS-401 – Certificate of Divorce, Dissolution or Annulment

Optional Forms Depending On Your Situation

(note – SHC-1000 is required if there is a chance of default.)

SHC-PAC2 – Alternate Service Packet(Free Download)

Instructions

  • Instructions for Alternate Service
  • How to Serve a Summons in a Civil Lawsuit
  • Tips on Locating People

Required Forms Serve by Alternate Service (Posting to the Court’s Legal Notice Website or Another Method)

  • Form CIV-145 – Request to Serve Defendant by Posting or Alternative Service, and Affidavit of Diligent Inquiry —–> Download CIV-145 for free
  • Form CIV-101 – Notice to Absent Defendant —–> Download CIV-101 for free
  • If you attempted to have defendant served by process server or by certified mail, attach copies of the Return of Service or green postal card.
  • Form SHC-1625 – Affidavit (1 week before posting ends that states you:
    • tried to serve the defendant by regular first class mail and registered or certified mail. OR
    • that you could NOT serve by mail because you cannot find the defendant’s last known mailing address.) —–>Download SHC-1625 for free

Form Required for Serving Someone in an Alaska State Jail or Prison.

Custody Packet (for unmarried parents), SHC-PAC3A ( Free Download)

Instructions

Forms Required to start a case

Clerical forms required

Depending on the case optional forms required

  • Form DR-306 – Shared Custody Support Calculation —–> Download DR-306 for free
  • Form DR-315 – Application for Services of Child Support Services Division —–> Download DR-315 for free
  • Form DR-151  – Direction to Seal Child Custody Jurisdiction Affidavit (If you believe that sharing this information with the other party or making it public could endanger your or your child’s health, safety, or freedom, please use this form.) —–> Download DR-151 for free
  • Paternity Forms

 

How is property divided in Alaska?

 

In Alaska, property division in a divorce is guided by the principle of community property. This means that property and debts acquired during the marriage are generally considered joint property and are divided equally between the spouses.

The Alaska Statutes § 25.24.160 defines community property as all property, real or personal, that was acquired during the marriage, except for property acquired by gift or inheritance.

However, there are some exceptions to this rule. Property acquired before the marriage, as well as property acquired after the date of separation, is typically considered separate property and is not subject to division.
Additionally, Alaska courts may consider several factors when dividing property, such as the length of the marriage, the earning capacity of each spouse, and the contributions of each spouse to the marriage.

The court may divide property equally or make an unequal division based on the case’s specific circumstances. For example, if one spouse has significantly more earning capacity than the other, the court may award the lower-earning spouse a larger share of the property.

It is important to note that property division can be a complex and contentious issue in a divorce case. It is important to work with an experienced divorce attorney who can help you understand your rights and options under Alaska law and can advocate on your behalf to ensure a fair and equitable distribution of property.

 

Commonly Asked Questions

 

How long does the divorce process take in Alaska?

In Alaska, there is a mandatory waiting period of 30 days after the divorce petition is filed before the divorce can be finalized. This waiting period allows the parties to consider reconciliation and give them time to negotiate and settle any outstanding issues.

If the parties can agree on all issues, the divorce process can be relatively quick and straightforward. In this scenario, the parties can finalize the divorce within a few months of filing the initial petition.

However, if the parties cannot reach an agreement, the divorce may take much longer. In these cases, the court may schedule hearings, issue orders, and require additional discovery, which can significantly prolong the process.

 

What if my spouse does not respond to the divorce petition?

A default judgment is a court order granting the relief requested in the divorce petition without needing a trial or further hearing. However, before the court can grant a default judgment, you must prove that your spouse was properly served with the divorce petition and that the 20-day response period has expired.

If a default judgment is entered, the court will decide on issues such as property division, child custody, and support based on the information in the divorce petition.

It is important to note that obtaining a default judgment is not always the best option. If your spouse does not respond to the divorce petition, it may be because they are unaware of the proceedings or they may be avoiding them for other reasons. In these cases, it may be necessary to take additional steps to ensure that your spouse is served correctly and has the opportunity to respond to the petition.

 

Can I get a divorce without hiring an attorney in Alaska?

Yes, it is possible to get a divorce without hiring an attorney in Alaska. Choose to proceed without an attorney. You will be responsible for filing the necessary paperwork, serving the other spouse, and negotiating or litigating any issues that arise during the divorce process.

 

Can I change the terms of my divorce agreement after it has been finalized?

In Alaska, it is possible to modify the terms of a divorce agreement after it has been finalized, but it can be a complex and challenging process.
Modifications can be made to child custody, child support, spousal support orders, and property division orders in certain circumstances. However, to modify an order, you must show a significant change in circumstances that justifies the modification.

For example, suppose you are seeking to modify a child custody order. In that case, you must show that there has been a substantial change in circumstances since the initial order was entered that affects the child’s best interests. This could include a change in one parent’s living situation, the child’s needs, or a significant difference in the relationship between the parents.

To modify an order, you must file a motion with the court and notify the other party. The other party will be able to respond, and the court will hold a hearing to determine whether a modification is appropriate.

It is important to note that modifications are not guaranteed, and the court may only accept your request if it meets the legal standard for modification. Modifications can also be time-consuming and expensive, especially if the other party contests the request.

 

How are retirement accounts and pensions divided in an Alaska divorce?

Retirement accounts and pensions can be divided through a qualified domestic relations order (QDRO) process. A QDRO is a court order that specifies how the retirement account or pension will be divided between spouses.

Under Alaska law, retirement accounts and pensions are generally divided equally between spouses. However, the court may consider other factors when dividing, such as the length of the marriage, the contributions of each spouse, and the earning capacity of each spouse.

It is important to note that not all retirement accounts and pensions can be divided through a QDRO. For example, Social Security benefits cannot be divided through a QDRO but may be subject to a separate calculation or division.

 

How is debt divided in an Alaska divorce?

 

Debt is treated similarly to property in a divorce and is subject to division between spouses.

Debts incurred during the marriage are generally considered joint debts and are divided equally between spouses. However, it is important to note that this division only applies to marital debts which were incurred during the marriage for the benefit of the marriage.

Separate debts, such as debts incurred before the marriage or debts incurred after the date of separation, are typically not subject to division.
When dividing debt in a divorce, the court may consider several factors, such as the length of the marriage, the earning capacity of each spouse, and the contributions of each spouse to the marriage.

If the parties cannot agree on how to divide the debt, the court may order a division based on what it considers fair and equitable. This may include dividing the debt equally between the parties or assigning certain debts to one spouse based on their ability to pay or their responsibility for incurring the debt.

 

How to get cheap or free divorce in Alaska?

Obtaining a cheap or free divorce can be challenging, but there are some options available. Here are a few ways to get a low-cost or free divorce in Alaska:

  1. Do-it-yourself divorce: One of the most affordable options for obtaining a divorce in Alaska is to handle the process yourself. The Alaska Court System offers self-help resources and forms on their website, which can be used to file for divorce. However, it is important to note that the divorce process can be complex, and handling it yourself can lead to mistakes and delays.
  2. Legal aid organizations: There are several legal aid organizations in Alaska that provide free or low-cost legal assistance to individuals who cannot afford an attorney. These organizations may be able to provide advice and guidance on how to proceed with a divorce and may be able to help you fill out and file the necessary forms. Examples of legal aid organizations in Alaska include Alaska Legal Services Corporation and the Alaska Bar Association Pro Bono Program.
  3. Court fee waiver: If you are unable to afford the filing fee for your divorce, you may be eligible for a court fee waiver. You will need to provide proof of your income and expenses, and the court will determine whether you are eligible for a waiver.
  4. Mediation: Mediation is a process in which a neutral third party helps the parties reach a mutually acceptable agreement. Mediation can be an effective way to resolve issues such as property division, child custody, and support without the need for costly and time-consuming litigation. Some mediators may offer their services at a reduced cost or on a sliding scale based on income.
  5. Pro bono attorneys: Some attorneys in Alaska may provide free or low-cost legal services to individuals who cannot afford an attorney. You can contact the Alaska Bar Association for a referral to a pro bono attorney.