Alaska law provides two primary methods for ending a marriage: dissolution of marriage (for uncontested cases) and divorce (for contested cases). Each process requires compliance with state laws and court procedures.
Dissolution of Marriage vs. Divorce in Alaska
Individuals seeking to end a marriage in Alaska must choose between filing for a dissolution of marriage or a divorce, depending on the level of agreement between the spouses.
Dissolution of Marriage (Uncontested Divorce)
A dissolution of marriage is appropriate when both spouses agree on all aspects of the separation. This includes:
- Division of marital property and debts
- Allocation of spousal support, if applicable
- Child custody arrangements
- Determination of child support obligations
Dissolution allows the couple to jointly file documents and proceed without the need for litigation. This option is typically faster and less costly. In cases where the marriage is short (less than two years), there are no minor children, and there is minimal property to divide, an expedited dissolution may be possible.
For official dissolution forms and instructions, visit the Alaska Court System Family Law Self-Help Center:https://courts.alaska.gov/shc/family/shcstart.htm
Contested Divorce
If spouses cannot agree on key issues, one party must initiate a contested divorce by filing a divorce complaint with the court. The other spouse has the right to file an answer, presenting their position on the disputed matters. These may include child custody, child support, property division, or spousal support. The case will then proceed to litigation if necessary.
For contested divorce forms, visit:https://courts.alaska.gov/shc/family/shcforms.htm
Residency Requirements
To file for divorce or dissolution in Alaska, either spouse must be a resident of the state. Alaska does not require a specific period of residency prior to filing; however, the petitioner must intend to remain in the state permanently. Residency is defined as being physically present in Alaska with no immediate plans to relocate.
Legal Grounds for Divorce in Alaska
Alaska law recognizes both fault-based and no-fault divorces.
- No-fault divorce: The legal ground is "incompatibility of temperament," meaning the marriage has irretrievably broken down.
- Fault-based divorce: Grounds include adultery, cruel or inhuman treatment, desertion for at least one year, felony conviction, habitual substance abuse, or long-term mental illness requiring institutionalization.
Detailed explanations of legal grounds are available at WomensLaw.org:https://www.womenslaw.org/laws/ak/divorce/all
Filing Process: Alaska Divorce and Dissolution
Step 1: Complete the Required Forms
The first step is to complete and prepare the appropriate forms based on whether you are filing for a dissolution of marriage or a divorce complaint. Forms include:
- Complaint for Divorce (for contested cases)
- Petition for Dissolution of Marriage (for uncontested cases)
- Child Custody and Child Support Documents, if applicable
All official forms are accessible through the Alaska Court System Self-Help Center:https://courts.alaska.gov/shc/family/shcforms.htm
Step 2: File the Forms with the Superior Court
Submit the completed forms to the Superior Court in the appropriate judicial district. The filing fee for divorce is generally $250, although this amount may vary. If you cannot afford this fee, you may file a Request for Exemption from Payment of Fees:https://courts.alaska.gov/forms/civ-955.pdf
Step 3: Serve the Divorce Papers (Contested Divorce Only)
In contested cases, the spouse initiating the divorce must formally serve the divorce complaint to the other spouse. Service is typically completed by:
- A state-authorized process server
- Law enforcement
- Certified mail (in limited circumstances)
Instructions for serving divorce papers can be found at:https://courts.alaska.gov/shc/family/shcserve.htm
Step 4: Response from the Other Spouse
The respondent has 20 days to file an answer after receiving the divorce complaint. If no response is filed, the court may grant a default judgment. Response forms and instructions are available at:https://courts.alaska.gov/shc/family/shcforms.htm
Step 5: Financial Disclosure
Both spouses must exchange detailed financial information to ensure fair outcomes regarding property division and child support. This disclosure includes:
- Income verification
- List of assets and debts
- Financial account statements
The required disclosure process is outlined in Civil Rule 26.1:https://courts.alaska.gov/shc/family/docs/fl-825.pdf
Step 6: Mediation (If Ordered)
In contested divorces, the court may order mediation to facilitate a settlement. Either party may request mediation within 45 days after the defendant files an answer. Mediation is not typically ordered if there is a history of domestic violence.
For mediation information, refer to:https://www.womenslaw.org/laws/ak/divorce/all#mediation
Step 7: Parenting Education Course (If Applicable)
If the divorce involves minor children, both parents must complete a parenting education course before the court will finalize the divorce. These courses are often available online or through the court system.
For more information, visit:https://courts.alaska.gov/shc/family/shcparent.htm
Step 8: Final Decree
The court will issue a final divorce decree once all matters are resolved. In uncontested cases, this may occur within 30 days of filing. Contested divorces typically require additional hearings or trial proceedings to address unresolved issues, which may extend the timeline.
Child Support and Property Division
Alaska uses an income shares model to calculate child support, considering both parents' incomes and the child’s needs. The state’s guidelines are outlined in Civil Rule 90.3.
Access the Alaska Child Support Guidelines Calculator at:https://childsupport.alaska.gov/Calculation.aspx
Property division in Alaska follows the principle of equitable distribution, meaning property is divided fairly but not always equally. The court considers various factors, including the length of the marriage, financial contributions, and each party’s future financial needs.