Alaska divorce details
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Uncontested vs Contested Divorce in Alaska
An uncontested divorce is when there are no issues between the two spouses in regards to the divorce. A contested one on the other hand, is when there is a disagreement between the spouses. The issue(s) can be anything from child custody to property division to spousal support.
Uncontested Divorce in Alaska
This type of divorce is the most common and considered to be the easiest and cheapest option. There are several grounds for an uncontested divorce:
- Incompatibility of temperament between the two spouses
- Impotency at the time of marriage which has continued throughout the marriage
- Felony conviction
- Willful abandonment for at least a year
- Drug addiction
- Cruel and inhuman treatment by one of the spouses
- Personal indignities rendering life oppressive
- Confinement of one spouse to an institution for at least 18 months for incurable mental illness prior to filing for the divorce
In order to file for an uncontested divorce, both spouses should agree on the following items:
- Mutual agreement to terminate the marriage
- Division of marital property and debts
- Spousal support, or alimony
Moreover, if the couple has any children under the age of 18, they should also agree on:
- Child custody and visitation
- Child support
Furthermore, the couple must meet all the residency requirement to file for an uncontested divorce. We will discuss this in more detail next.
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Residency Requirements to file for the divorce in Alaska
In the State of Alaska, the residency requirements are as follows:
- Either you or your spouse must be a constant resident of Alaska. This means that you or your spouse currently live in Alaska and will continue to live in Alaska for the near future.
- Children under the age of 18 should have lived in Alaska for at least the last six months. They must also currently be living in Alaska
- If the spouses got married in another state, they have to file with the court the location they got registered.
If you fail to meet any of these requirements, you should seek the advice of a legal body.
How to file for an Uncontested Divorce in Alaska?
Following are the steps to file for an uncontested divorce in Alaska:
- You should first decide whether to hire an attorney or not. If not, you must agree with your spouse on self-representation in court.
- You must then meet all the residency requirements. This is vital for an uncontested divorce.
- You and your spouse should then file a Petition for dissolution of marriage. This, along with all other documents should be signed and filed with the court on time.
- After you file the Petition and other documents, wait for 30 days.
- After the 30-day waiting period, you will be allowed to get a divorce even without a hearing process. If all the documents are prepared correctly and there are no other issues, the court will grant you the divorce.
Do-It-Yourself Divorce in Alaska
Do It Yourself divorce refers to when you complete all the steps of the divorce process without the help of an attorney. This type of divorce is a lot cheaper because you are able to cut out any unnecessary fees. Each state has its own special requirements, so make sure to be aware of them.
How much does an Uncontested Divorce cost in Alaska?
The average cost for an uncontested divorce in Alaska is $13,100. A significant chunk of this amount is paid to the attorney; it can cost more than $600 per hour. The cost will be significantly lower if you prepare all the required documents online. For a flat fee of only $149, you can get all your documents prepared accurately and on time. The cost also depends on the county where the marriage was registered. So it is important to know all the peculiarities regarding all the fees for your state/county before filing for a divorce.
How Long Does It Take to Get Divorced in Alaska?
Generally, the duration of the divorce process depends on the type of divorce itself. An uncontested divorce is quite simple and only takes anywhere from 1 to 6 months. A contested divorce, on the other hand, is much more complex. It can take anywhere from 8 months to 1 year. In the end, everything really depends on the case and the willingness of both spouses to negotiate the terms of divorce.
How to serve your spouse in Alaska
You can serve your spouse through several ways:
- By hand, yourself
- Through email or other certified service
- With the help of the Sheriff who will also take provide a Notice that the kit was delivered
- Through publication if you are currently unaware of your spouse’s current location
- Write a Motion for Alternative Service, and if the court allows, send the documents to your spouse in any other way
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Documents You Need to Get a Divorce in Alaska
Below is the list of most-likely needed documents for a divorce in Alaska:
EACH CASE IS SPECIAL, SO THE REQUIRED DOCUMENTS MAY DIFFER.
- Uncontested Complaint about Divorce Without Children SHC-111
- Joint Request to put a Settlement on Record SHC-1063
- Agreement & Order (stating you agree to end the marriage) SHC-1061
- Information Sheet DR-314
- Case Description CIV-125S
- Certificate of Divorce VS-401
- Finding of Fact and Conclusions of Law SHC-540
- Decree and Judgment SHC-545
- Joint Motion, Affidavit & Order to Appear and Testify By Telephone SHC-1342
- A Petition for Dissolution of Marriage, DR-100
- An Information Sheet, DR-314
- A Certificate of Divorce, Dissolution of Marriage or Annulment, VS-401
- Waiver of Hearing, DR-110
- Child Support Guidelines Affidavit, DR-305
- Child Custody Jurisdiction Affidavit, DR-150
- Case Description Form, CIV-125
- An Information Form, DR-314
- Certificate of Divorce, VS-401
- Property and Debt Worksheet, SHC-1000
- The Summons, CIV-100
- Divorce with Property But No Children SHC-545
- Divorce with Children and Property SHC-525
- Divorce with Children and Property SHC, 510
- The Default Application is SHC-400
Online Divorce in Alaska
In Alaska, online divorce plays an essential role in the whole divorce process. It pertains especially to uncontested uivorce because you can prepare the documents online. The wait times are relatively short and there are no hidden or additional fees. The only thing to keep in mind is to find a reliable site.
Rules for child support in Alaska
Child custody is one of the most crucial issues to resolve when it comes to the divorce process. Both parents are equally entitled to the rights and responsibilities of the children such as visitation and financial support. After both parents agree on the terms of child custody, the court makes a final decision by taking into consideration certain factors such as:
- The preferences of the child
- The financial outlook of both parents
- Each parent's willingness to support the child financially and regularly visit the child
- Any evidence of domestic violence or child abuse
The custody can be individual or common. Individual custody is when only one parent is responsible for taking care of the children. Due to certain factors, both parents may not be able to equally care for the children. Common custody is when both parents are in charge of supporting the children. The court will review everything in order to make the best decision.
Rules for spousal support in Alaska
Spousal support, or alimony, is commonly referred to as "maintenance" in Alaska and may be granted either as a lump-sum or payments over time. When determining the amount and duration of the maintenance, the court takes into consideration factors such as:
- The number of years the couple has been married
- The economic stability of each spouse
- The financial outlook of each spouse
- Any additional factors deemed relevant by the court
Division of property in Alaska
There are two main types of property:
- Marital property
- Individual property
Although individual property is not divided, martial ones are. In order to make the division as fair as possible, the court takes into consideration certain factors such as:
- Salary of both spouses
- Property or assets of both spouses
- Debts of both spouses
The couple should also agree to all the issues regarding debts, even though it may not seem as easy as it sounds. Furthermore, common and marital debts should also be divided as fairly as possible.
Divorce Mediation in Alaska
Mediation is a process in which both spouses attempt to resolve all the issues regarding the divorce.
There are several benefits of a mediation proceeding:
- Reasonable costs
- Fast and casual process
- Safe and private
- Regulated by a legal body
Mediation is highly helpful if you and your spouse have a difficult time reaching an agreement regarding certain issues.
is quick and easy
How to divorce a missing spouse in Alaska
In order to divorce a missing spouse, you must first try your best to locate them. You should ask friends and relatives of their possible whereabouts and request the help of the local police. If you are still unable to locate your spouse, the court will allow you to publish a missing person report in the newspaper. If your spouse is still not located, the court will grant you the final decree with them.
The Default Divorce in Alaska
A default divorce occurs when one of the spouses fail to agree on the divorce proceeding. If your spouse lives in Alaska, they have 20 days to respond to the Petition before it is considered to be a default divorce. This type of divorce will take much longer and also require the help of an attorney. WIthout professional help, you may have a difficult time completing the required documents accurately.After you serve your spouse with the Petition for Dissolution of Marriage, you will have to wait for 60 days for your first court hearing.
Default vs No-Fault Divorce in Alaska
As we have already mentioned, there is only one main difference between these two types of divorce: the amount of money and time spent during the process. A No-Fault divorce can be really smooth if the spouses complete all the residency requirements. A default divorce on the other hand, is much more difficult. Since Alaska is a No-Fault state, the spouses who get divorced amicably have more liberties from the court as compared to a couple with a default divorce.
How to get a Default Divorce Hearing in Alaska ?
The divorce hearing has the following structure:
- After filing the "Petition for Dissolution of Marriage", you must serve your spouse with the required documents to file with the court. They will then have 20 days to respond.
- If the Petition is rejected, you will have to complete the “Application and Affidavit of Default” and file it with the Clerk of the Court.
- After the "Application and Affidavit of Default" is filed, you must make two copies of the “Application and Affidavit of Default” stamped by the Clerk.
- You must then serve your spouse with the “Application and Affidavit of Default” within 10 days.
- If your spouse continues to ignore you, you may request a default hearing
The whole procedure may change if your spouse finally responds, but make sure to have all the documents prepared accurately.
Annulment of the marriage in Alaska
Annulment of a marriage is a procedure that declare a marriage as it never even occurred. There are several grounds for such an event:
- The marriage was conveyed between parents and children
- One of the spouses was below the age of 18 at the time of marriage registration
- One of the spouses was over the age of 65 at the time of marriage registration
- The marriage was between two people of the same gender
- The marriage was a fraud
All of these are substantial grounds to terminate a legal marriage in the state of Alaska.
Legal Separation in Alaska
Legal separation refers to when two spouses live separately but are still considered to be legally married. In Alaska, both spouses must agree to the separation before a divorce decree is implemented. The spouses have to file either a "Petition for Legal Separation Without Children" or a "Petition for Legal Separation With Children" with the Superior Court of Alaska. They must also meet all the residency requirements of having lived in Alaska for at least 90 days; if not, the separation will be declined by the court.
Same-Sex Divorce in Alaska
Same-sex marriages and divorces have been recognized in Alaska since 2014. Same-sex couples have the same rights and responsibilities as any other heterosexual couples. All the issues regarding divorce such as property division, debts, and child custody must be resolved and confirmed with the court.
Military Divorce in Alaska
You must first serve your spouse with all the required documents for divorce. If they are serving overseas, you must request the help of the Sheriff in sending the documents via post or certified mail. If your spouse is located in a foreign country at the time of filing, the court of Alaska must confirm the delivery of the documents with The Hague Convention or international treaty.
How to divorce a spouse in jail
The divorce process with a spouse currently in jail has the same rights and regulations as any other type of divorce. You will have to serve your spouse who is in jail with the required documents either by hand, the Sheriff, or the post. All the other steps are the same as a regular divorce (reference above).
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Divorce filing fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a filing fee be waived?
You have to grant the Supreme Court an Application for Deferral or Waiver of Court Fees or Costs and Consent to Entry of Judgement. You will also need to provide information regarding your monthly income, future financial outlook, and a few others. The court will then review this information and decide whether to approve or reject your request.
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