Uncontested Divorce in Alaska
In Alaska, spouses can end their marital relationship in two ways: contested and uncontested divorce.
- A contested divorce means that the spouses disagree on at least one issue of the divorce terms. According to Alaska law, if the spouses can not find a common solution, their case will be considered contested, and the judge will make decisions for them.
- Amicable divorce or dissolution means that the spouses settle existing divorce matters out of court. They can do it on their own or with the help of a qualified mediator. In an uncontested divorce, the spouses sign a Settlement Agreement, which outlines decisions regarding custody over minor children, division of marital property and retirement accounts, Alaska child support, alimony (spousal support), and other marriage-related issues.
An uncontested divorce is a simpler and faster way to get a final court decree. Even if the spouses have minor disputes, with the help of mediation, they can take advantage of this option and save thousands of dollars.
Get Your Divorce Forms Completed Online
By using DivorceOnline.com, spouses can save themselves from the stress and hassle of preparing divorce filings for an uncontested case. They no longer need to delve into the intricacies of state law and spend time selecting and filling out legal forms.
At a bargain price, the parties involved can fill out the required forms in just a couple of hours from the comfort of home.
DivorceOnline.com does not sell blank forms. Instead, they help generate ready-to-file documents with your information entered.
To use the services of DivorceOnline.com, you only need to complete an online survey and provide correct information regarding your marriage and divorce. After that, you will receive a ready-made package of documents and filing instructions for applying to the court.
With DivorceOnline.com, you no longer have to spend thousands of dollars on Alaska attorney services. Instead, you will control the cost of your divorce.
However, if the spouses have a contested divorce and can not resolve existing disputes independently, they should contact lawyers for legal advice.
Steps for Filing a Divorce in Alaska
To obtain a divorce in Alaska, state residents should fulfill several mandatory steps.
Unlike most US states, Alaska does not have residency requirements. Spouses do not need to reside in the state for a certain number of days to qualify for a divorce. It is enough for at least one spouse to live in Alaska.
Alaska allows spouses to file for fault and no-fault divorce.
Pointing out the specific misconduct of the other spouse obliges the petitioner to provide solid proof. Proof may include emails, text and voice messages, photos, videos, and witness statements.
In addition, the court considers fault when deciding on child custody and property division. Fault-based grounds for divorce in Alaska include:
- failure to consummate the marriage;
- conviction of a felony;
- cruel treatment;
- wilful desertion for one year;
- habitual drunkenness;
- drug addiction; and
- incurable mental illness.
A no-fault divorce is the most common divorce process in Alaska. As grounds for divorce, spouses only need to point out the incompatibility of temperaments, which led to the marriage breakup. In this case, if the spouses have an amicable divorce, they can get a court decision as soon as possible.
To file for divorce in Alaska, spouses need to prepare and file Alaska divorce documents with the court in the county where they live.
Divorce Papers in Alaska
If a married couple has minor children, they should prepare:
- Petition for Dissolution of Marriage (DR-105);
- Cover sheet (DR-1);
- Information Sheet (DR-314);
- Shared Custody Child Support Calculation (DR-306);
- Mediation Information (PUB-15);
- Application for CSSD Services (DR-315);
- Information About CSSD (DR-316);
- Certificate of Divorce, Dissolution or Annulment (VS-401 (4/03)).
If the spouses have no kids, the documents package includes:
- Petition for Dissolution of Marriage (DR-100);
- Cover sheet (DR-2);
- Mediation Information (PUB-15);
- Instructions (DR-15);
- Information Sheet (DR-314);
Note that Alaska divorce forms for Anchorage and Fairbanks courts may differ.
When filing documents, the petitioner must pay a mandatory filing fee. On average, in Alaska, the filing fee is $250. However, this amount may vary from county to county.
If the petitioner can not pay the charge, they may file a payment waiver by completing the Exemption From the Payment of Fees (TF-920) form. The divorce proceedings will begin as soon as the court considers the payment met.
When spouses file divorce papers, there is a mandatory waiting period of 30 days in Alaska. If the spouses have an uncontested divorce case, the court may grant the divorce after this period. However, the waiting period may increase depending on the court workload and the circumstances of the case.
When the petitioner files paperwork with the court, they need to serve copies of the divorce papers to the other spouse. Alaska allows serving the respondent:
- in person (if the spouses are on good terms),
- send by mail, or
- hire a private process server.
Alaska courts require proof that the other spouse was served to complete the filing process. Therefore, the petitioner should obtain a signed acknowledgment of service receipt or form and file it with the court.
Getting a final judgment for an uncontested divorce in Alaska is a quick process.
The county clerk sets a hearing date when the divorce papers are accepted. If the court requires, the spouses must appear in the courtroom on the appointed day.
During the final hearing, the judge makes sure that the divorce terms are fair to both spouses and both parties have no objection. Then, after considering each topic, the court issues a final Alaska divorce order.
If the spouses can not resolve their differences independently, the court may assign additional hearings under state law to deal with each item.
Getting a Divorce With Children
During the divorce process, spouses with children in uncontested and contested cases must go through custody determination. An Alaskan court will not grant a divorce until spouses agree on the following:
- type of guardianship; and
- child support calculation.
In addition, divorcing parents must resolve custody issues such as a parenting plan and which parent will qualify for the child tax credit.
Under Alaska law, there are two types of custody: sole custody and joint custody. Depending on the rights and obligations of parents, they are divided into:
- legal custody (gives the right to one or both parents to make decisions regarding the child);
- physical custody (determines with whom the child lives).
Courts prefer to grant joint custody as it can be in the child’s best interests. In joint child custody, both parents are often entitled to physical and legal custody.
To make a custody decision, the judge has to consider specific factors:
- each parent's mental and physical health;
- the child's preference (if they are enough old for decision-making);
- the child's physical, emotional, and educational needs;
- the child's relationship with each parent;
- the child's relationship with siblings and extended family;
- each parent's ability to provide a stable home environment;
- either parent's history of abuse or domestic violence; and
- any other factor the judge considers relevant.
Child Support is one of the crucial aspects of custody. Alaska courts follow specific rules to determine the amount of child support that one parent must pay to the other. Parents may also refer to these guidelines in Rule 90.3 of the Alaska Court Rules.
Determining child support amounts includes specifying each parent's annual or monthly gross income from all eligible sources. It includes unemployment compensation and employer-provided benefits. The only exception is public-assistance benefits.
After determining the net income, the court calculates the amount of child support. If the income conditions change after the final court order and the paying spouse can no longer pay the set amount, they can file a Petition for Review.
Filing for Divorce in Alaska Without a Lawyer
In an uncontested divorce, spouses can resolve divorce-related issues without costly legal assistance. It allows them to save two or three times on divorce proceedings and not hire lawyers to represent their interests in the court.
Couples who find it challenging to prepare Alaska divorce forms on their own can use specialized online platforms such as DivorceOnline.com. Thus, spouses can obtain divorce papers quickly and at an affordable price.
In addition, with DivorceOnline.com, spouses do not have to leave their homes to select and fill out paperwork. Which means they don't have to change their plans to meet an attorney.
Do-It-Yourself Divorce in Alaska
- A DIY divorce allows spouses to arrange divorce proceedings without an attorney. As a result, spouses can save money on law firm services and costly legal consultations.
- A DIY divorce implies that the spouses have an uncontested case and file their completed Settlement Agreement with supporting papers with the court. They are all fully responsive and act on their behalf, preparing the Alaska divorce forms and completing the filing process.
- People who have not experienced divorce may find it challenging to understand Alaska Family Law. Many couples use alternative and inexpensive ways to prepare the paperwork in a DIY divorce. One such tool is DivorceOnline.com. It is specially designed to help couples with their paperwork online.
Frequently Asked Questions:
After filing with the court for an uncontested divorce in Alaska, it usually takes 30 to 90 days to get a final divorce decree. However, the start and end times of a divorce can vary. The court workload and the presence of available judges to sign the final decision on the dissolution of the marriage influence the dissolution length.
In a contested divorce, the court may take longer to get a final decision. On average, it can last from 6 to 12 months. During this period, the court reviews the proof provided (if any) and decides on each issue under the state law.
The average cost of an uncontested divorce in Alaska is $13,100, with a significant share spent on hourly attorney fees. This amount also includes legal fees, fees for online divorce services, and costs for parenting classes.
The best way to save money is to have a DIY divorce and use online divorce companies to prepare Alaska divorce forms.
As in most states in the US, if a petitioner can not pay the filing fees, they can file with the local court for a fee waiver. To do this, they should fill out a required form - Exemption From the Payment of Fees (TF-920). The divorce filing fee will be waived if the court confirms that the petitioner can not pay the filing fee.
To initiate a case in court, the petitioner has to file a Petition for Dissolution of Marriage and the necessary attachments. The type and amount of forms required vary depending on if a couple has minor children. Petitioner also needs to consider the county court to file. The Anchorage and Fairbanks courts use different types of divorce papers.