Alaska divorce details
Uncontested vs Contested Divorce in Alaska
In Alaska, Contested actions are known as divorces, and Uncontested actions are known as “dissolutions of marriage.” The principal difference between them is in the following if both you and your spouse want to terminate your marriage with no troubles, it is an Uncontested Divorce. Although, if one of the spouses disagrees on one of the divorce issues, it is a Contested one. The issues can be about how to divide your property and who should have custody of your children, what share of the spousal support is fair, etc. The dissolution of marriage is a free-will choice of the spouses, that is significantly easier than to solve all the issues at the presence of the attorney. Now we will review more in details the Uncontested divorce procedure.
Uncontested Divorce in Alaska
As we have systematized, the Uncontested Divorce is the divorce with no claims or conflicts between the spouses. This type of the divorce is the most common among all the divorces, and it is definitely considered to be the cheapest and the easiest one. The Uncontested Divorce has several grounds. They are:
- The incompatibility of temperament
- The adultery
- The impotency at the time of marriage which has continued throughout the marriage
- A felony conviction
- A willful abandonment for at least a year
- An alcoholism contracted since the marriage which continues for more than a year preceding filing for divorce
- A drug addiction
- A cruel and inhuman treatment which would impair a person's health or endanger their life
- A personal indignity rendering life oppressive or
- A control to an institution for at least 18 months for incurable mental illness prior to filing for the divorce.
In order to file for the dissolution of marriage (Uncontested Divorce) in Alaska, both spouses should agree on the following items:
- To complete the current marriage because you no longer want to be married
- To divide the marital property and debts
- To pay the spousal support fee (alimony)
Moreover, if the couple has children, aged less than 18, they should agree on:
- The plan of the child visitation and child custody issues
- The child support
- The sum of money that one of the spouses will monthly pay for the child’s wellness
The Uncontested divorce in Alaska also requires meeting all the residency requirements. If the spouses have any faults about this or that condition, the divorce can hardly be an Uncontested one. All in all, the Uncontested divorce has its pros and cons, and we will surely cover the next step, namely the residency requirements of the State of Alaska.
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 has to be a constant resident of Alaska. It means, that you currently live in Alaska and will continue living in Alaska in the nearest future
- The children under 18 years old should have lived in Alaska for at least the last six months. Besides, they must currently live in Alaska
- If the spouses got married in another state, they have to fill with the court in exactly that state or county, where they got a registration.
If one of these requirements are hard to meet, you’d better have an advice from the legal body, for instance, the lawyer, in order not to fail with all your efforts to get a divorce.
How to file for an Uncontested Divorce in Alaska?
To file for an Uncontested Divorce in Alaska, you have to follow the simple proceedings. Let’s watch them:
- First of all, you should determine whether to hire the attorney or not. It is not a required action, but still, you have to agree with your spouse a self-representation in the Superior Court, if you deny having the help of the attorney.
- Next, you have to meet all the residency requirements and not to miss any single issue. For the Uncontested Divorce, it is vital.
- Both spouses will file a Petition for dissolution of marriage. The Petition should be given within the particular time limits and must be signed by both spouses. In addition, both spouses have to sign all other documents for their divorce case, also within an accurate period of time, stipulated by the court.
- After filing the Petition and other documents, you should wait at least 30 days. It is a necessary action and all the couples have to get this waiting period.
- After the 30-day waiting period, the couple will be allowed to get a divorce even without a hearing process. If all the documents are well-done, and there no other obstacles, the court will grant you the divorce.
As you can admit, the process of filing is not so terrible and complicated as you may have heard, particularly, if you implement the DIY and Online Divorce.
Do-It-Yourself Divorce in Alaska
Do It Yourself Divorce means that you fulfill every action without the help of the attorney. Such a way of the divorce is cheaper than the regular divorce procedure, because you save all the money, except for that one, for the court. Each State has its characteristics and special requirements, so be sure, you are ready for them and you know 100% what to do. Contrarily, the DIY Divorce may become for you a total torture. The DIY divorce is a brilliant idea if you understand that all the responsibilities for the whole divorce process are on both you and your spouse.
How much does an Uncontested Divorce cost in Alaska?
The average cost for the Uncontested divorce in Alaska can be $13 100 including all the expenses. The significant part of this sum is paid to the attorney, that can get more than $600 per hour. The cost will fall down if you order the preparation of the documents on the special website. You will pay $149 for the whole preparation, that is twice cheaper. The Price for the Uncontested Divorce also depends on the county where the marriage was registered, so before filing for the divorce, you should know all the peculiarities of the fee requirements at your state/county.
How Long Does It Take to Get Divorced in Alaska?
Generally, the divorce process term depends on the type of the divorce itself. The Uncontested Divorce is a fast type. It can take from 30 days to 6 months. The Contested Divorce is much complex and requires much time. It can be approximately from 8 months till 1 year. Everything depends on the case and the willingness of both spouses to do everything possible to terminate the marriage.
Papers and Documents You Need to Get a Divorce in Alaska
Here are the most popular documents for the divorce in Alaska, but anyway, it does not mean that you will need all these papers and forms.
EVERY CASE IS HIGHLY INDIVIDUAL.
- 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
All these papers you might need in the court, but in your case is strictly individual, so you have to use only the documents needed especially in your case.
How to serve your spouse in Alaska
The process of the spousal serving involves some steps, here they are:
- You can serve your spouse by yourself or, in other words, by the “service of acceptance”.
- You can send the documents to your spouse through the email or another certified service
- You can serve your spouse with the help of the Sheriff, who will abandon all the papers and take the Notice from your spouse, that the paper kit was delivered
- You can serve your spouse by the Publication if you do not know the current address of your spouse
- You can write a Motion for Alternative Service, and if the court allows, you will send the documents to your spouse in any other way
The whole process of serving your spouse is very nervous, but it should be done, according to the rules.
Online Divorce in Alaska
In Alaska, the Online Divorce plays an essential role in the whole divorce process. It is a subject to the Uncontested Divorce because you can order the preparation of the documents online. The proceeding is very simple. You find the appropriate website, order the preparation of the documents, wait for the particular small period of time and download your ready documents from your post. You pay the special fee for the procedure, but there are no other hidden fees or other shady terms. The only one thing is that you should bear in mind, the sites are various, and you should find a truly competent site. Sometimes, it is not easy enough.
Rules for child support in Alaska
The child custody is for sure one of the most crucial features of the whole divorce process. The child is not guilty in the parents’ divorce, so your duty is to make the divorce as smooth as possible. Both parents are entitled by the court to have the same rights for visiting and financially supporting the child. If the parents agree on the terms of the child custody, the court makes its determination guided by what will be best for the child. There are several issues that court takes into the account:
- The preferences of the child
- The financial possibilities of both parents
- Each parent's willingness to support the child financially and regularly visit the child
- Any evidence of domestic violence, child abuse, etc
The custody can be individual and common. The individual custody happens when only one parent is responsible for the wellness of the child. Due to different factors, the parents can’t care for the child equally. A common custody means that both parents are able to support and visit the child. The court will discover all the issues to create a fair decision according to the child’s needs.
Rules for spousal support in Alaska
The spousal support or an alimony is called "maintenance" in Alaska and may be granted either as a lump-sum or through payments over time. The Fault is not a factor in awarding maintenance. When establishing the amount and duration of the maintenance, the court takes these factors into evidence:
- How many years the couple was married
- The economic stability of each spouse
- The financial possibility of each spouse
- Any additional factors deemed relevant by the court
Division of property in Alaska
As for the division of the property, there are two main types of the property in whole:
- A marital property
- An individual property
The individual property is not actually divided, but the marital one is divided into as equal as possible parts between the spouses. The items that may affect the property division are:
- The salary of both spouses
- The property or assets of both spouses
- The debts of both spouses
The couple should also agree to all the debt issues. It is not so easy as it seems to be. The common debts or marital debts are also divided. If the debt is not marital, but separate, the spouse whose debt it is, is entitled to return it. The court’s duty is to divide the property really well (50/50).
Divorce Mediation in Alaska
The mediation is the process in which both spouses are trying to find a common language or solve all the issues regarding the basic issues of the divorce process.
There are many benefits of the mediation proceeding:
- The price of the mediation is rather reasonable
- The process is really fast
- The whole atmosphere of the process in Informal
- It is absolutely safe and private
- It is regulated by the legal body (the lawyer and the mediator)
The court schedules the mediation, and both spouses come at the appointed time. Anyway, in Alaska, the mediation proceeding assists all the highly discussed questions of the marriage termination.
How to divorce a missing spouse in Alaska
To divorce a missing spouse, firstly you have to try to inform him/her about the divorce proceeding. You can ask his/her friends about the location of the spouse, moreover, you may call the police and claim that your spouse is considered to be missed. Any information about the location of your spouse is valuable. Finally, you can announce in the newspapers that your spouse was missed and you did you best to find him/her. The court will assist you in the searching and provide you with the information about the spouse. In case there is no evidence about the missing spouse, the court will grant you the final decree without the missed spouse.
The Default Divorce in Alaska
The Default divorce happens, when one of the spouses fail to agree on the divorce proceeding. If your spouse lives in Alaska, there are 20 days for him/her to answer the Petition or else your divorce is automatically considered to be a Default one. Such type of the divorce is much longer and will need the help of the attorney, that makes it more expensive. After you serve your spouse with the Petition for Dissolution of Marriage, you have to wait a 60-day period after which you will get a first court hearing of your Default Divorce. The preparation of the documents will take a lot of attention from you if you fill them, on your own, without the help of the lawyer.
Default vs No-Fault Divorce in Alaska
As we have already mentioned, there is only one difference between these two types of the divorce-the time and money consumed during the whole process. The No-Fault divorce can be really smooth one, but if the spouses accomplish all the residency requirements. The Default divorce is much difficult. As the State of Alaska is a No-Fault state, the spouses, who are getting divorce amicably, have more liberties from the court than a couple with a Default divorce.
How can I get a Default Divorce Hearing in Alaska?
The divorce hearing has the following structure:
- After a "Petition for Dissolution of Marriage" is filed, the Petitioner has to serve another spouse with the documents for the court and in 20 days have a reply from his/her spouse
- After the rejection of the Petition, a Petitioner has to complete the "Application and Affidavit of Default" and file it with the Clerk of the Court.
- When you file the "Application and Affidavit of Default" with the Clerk of the Court, you have to make two copies of the "Application and Affidavit of Default" stamped by the Clerk.
- You have to serve your spouse with the "Application and Affidavit of Default" within 10 days Stamping it by the Clerk
- If your spouse still ignoring your documents, you can fearlessly request a default hearing
The whole procedure can change if your spouse finally replies to you, but be sure you prepare all the documents clearly.
Annulment of the marriage in Alaska
Annulment in Alaska means that the spouses have never been married. There are several grounds for such an event:
- The marriage was conveyed between parents and children
- One of the spouses was less 18 years old
- One of the spouses was over 65 years old
- The marriage was between two people of the same gender
- The marriage was a fraud
All these circumstances can terminate the legal marriage in the Alaska State, but you should remember that anyway the children born in such a marriage still should have a child custody and visitation, agreed with the court.
Legal Separation in Alaska
Legal separation means that spouses don’t live together anymore, but they are still considered to be a legal couple. In Alaska, both spouses have to agree to the separation before a divorce decree will be 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. The spouses also have to meet all the residency requirements of a 90-days term of living in Alaska, oppositely, the legal separation will be declined by the court.
The Same-Sex Divorce in Alaska
According to the legislation of the State of Alaska, the same-sex marriages and divorces are finally recognized in 2014. It means that Alaska same-sex couples have the same responsibilities and rights as other citizens of this state. All the issues of the divorce as dividing the property, debts, custody, child visitation and others have to be confirmed and done. Nowadays, the same-sex divorces are absolutely equal to the traditional ones, so the couples have to follow the common rules.
Military Divorce in Alaska
For the first time, you have to serve your spouse with all the documents needed for the divorce. If he/she is serving overseas, you have to use the help of the Sheriff help or send the documents via post or a certified email. If your spouse is in a foreign country, the court of Alaska has to confirm the delivery of the documents with The Hague Convention or international treaty.
How to divorce a spouse in a jail in Alaska
The divorce with a spouse, who is in a jail right nowadays, has the same rights and regulations as any other divorce process. You have to serve your spouse with the kit of the documents personally, by post or with the Sheriff. All other steps you can see in the information given above.
Divorce filing fee
In Alaska, the fee for the divorce property can depend on the length, simplicity and other factors. All the procedures have their special cost, and it is better to know them before you decide to get a divorce procedure. All the fees are represented according to the laws of Alaska.
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. There will also be a packet of documents that you will attach to this document. The monthly income, future financial possibilities, etc should be given to the court. After that, the court will decide, whether to approve or reject your Application.
How we can help
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