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![How To File For Divorce In Alaska (2024 guide)](https://thumbor.forbes.com/thumbor/fit-in/900x510/https://www.forbes.com/advisor/wp-content/uploads/2023/12/Divorce-In-Alaska.png)
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Ending a marriage in Alaska is common, with the state’s divorce rate of 3.1 divorces per 1,000 people coming in above the average of 2.9 across the United States. Divorce can be a complicated process.
This guide explains all you need to know about how to file for divorce in Alaska, so you’ll be ready to move forward with the process of ending your marriage, if you decide that’s right for you.
Who Can File for Divorce in Alaska
Alaska has residency requirements, which means you or your spouse must be a resident of the state at the time you file in order for a court in the state to be eligible to dissolve your marriage.
While many states establish a specific time period you must have lived locally in order to be considered a resident, Alaska does not. As long as you are physically present in the state and plan to make your home there indefinitely, you should be eligible to end your marriage in Alaska’s courts.
If you don’t live in Alaska and weren’t married there but your spouse lives in the state, you are also eligible to file for an Alaska divorce.
If you have children, though, and are asking the court to make decisions about their custody or want to submit a custody settlement and it turned into a court order, your kids typically must have lived in Alaska for at least the six months prior to filing in order for the court to have jurisdiction.
What Are the Grounds to File for Divorce in Alaska
When you submit the paperwork to the court to end your marriage in Alaska, you must state grounds or acceptable legal reasons for doing so. Alaska recognizes many grounds including:
- Failure to consummate the marriage
- Adultery
- Felony convictions
- Willful desertion for at least a year
- Cruel and inhumane treatment meant to cause harm to your health or endanger your life
- Personal indignities that make life challenging
- Habitual drunkenness for at least a year prior to the divorce filing that began after the marriage began
- Institutionalization for an incurable mental illness lasting at least 18 months prior to the filing
- Addiction to and habitual use of opium, morphine, cocaine, or similar drugs if the addiction started after marriage
There are some special requirements that may apply in some cases as well. For example, if you tell your spouse you forgive them for adultery, cruel and inhumane treatment, habitual drunkenness or desertion, your spouse can use this forgiveness as a defense to divorce. Likewise, if you wait more than two years after cheating happens to file or you keep living together after the adultery comes to light, this may invalidate adultery as grounds to end the union.
You also have the option to file for a no-fault dissolution of marriage, which would mean you don’t have to state specific behavior leading to your breakup but instead can just indicate incompatibility of temperament has caused an irretrievable breakdown.
How to File for Divorce in Alaska
You have two options when it comes to ending a marriage in Alaska:
- You can file for dissolution if you agree on the issues raised in the divorce (uncontested divorce)
- You can file for divorce if you do not agree on the issues (contested divorce)
The forms you must file will vary depending on whether you are pursuing a dissolution or divorce, as well as depending on whether or not you have minor children. The Alaska Court Self Help Center provides a list of, and links to, forms that are appropriate for use in different situations. This includes:
- Dissolution Packet #1, DR-1 if you and your spouse have children and agree on all issues raised including whether to end a marriage, division of property and debt, creating a parenting plan, child support and alimony
- Dissolution Packet #2, DR-2 if you have children and are in agreement about all issues
- Dissolution Packet #3, DR-3 If you cannot locate your spouse and do not need the court to make any orders about property, debt or parenting
- Divorce Complaint PacketSHC-PAC1A if you have children and disagree about some of the issues raised in the divorce
- Divorce Complaint Packet, SHC-PAC1B if you do not have children and disagree about some issues in your divorce
Regardless of which forms you decide to use, it can be beneficial to get help from a family law attorney as you go through the process of ending your marriage. Your attorney can help protect your rights as you make important decisions about custody and property division. Your lawyer can also assist you in making sure you use the right court paperwork to move your case along.
Serving Your Spouse in Alaska
If you and your spouse are jointly filing a petition for an uncontested dissolution, there is no need for service of process. You can both sign all of the court papers you submit and that’s sufficient to move forward.
You must provide service of process if you are filing for a contested divorce. Your spouse has to be provided with a copy of the paperwork within 120 days of the time you file. If your spouse has a lawyer, you’ll provide all of the documents to the lawyer’s mailing address. Generally, you can serve someone with the legal papers using the following methods:
- Certified mail
- Hiring a process server to deliver the documents
If you cannot find your spouse despite a diligent effort to do so, you may be able to use an alternative method of service of process such as service by publication.
Contested or Uncontested Divorce
If you and your spouse agree on all issues, you can pursue an uncontested dissolution of your marriage. This can be less expensive due to saving on legal fees since there’s no need for a trial, and you can end up with better outcomes since you decide together what division of property and assets makes sense.
If you do not agree on all issues, a contested divorce is your only option. You ask the court to decide on the things you couldn’t compromise on and need to provide evidence to help the court do that. This process can take longer, be more stressful and acrimonious and can often result in worse outcomes since the judge doesn’t know what’s best for you as well as you do.
A family law attorney can help you to work toward an uncontested dissolution or can represent you in court proceedings if going to trial becomes necessary because you cannot agree.
What Is the Waiting Period for an Alaska Divorce?
There is a 30-day waiting period from the date you file for dissolution or divorce in Alaska before a judge can sign a divorce decree.
Getting Legal Help With a Divorce in Alaska
Contact an Alaska family law attorney if you are considering ending your marriage. Your lawyer will guide you through the process and advocate for you from start to end, helping you to understand and protect your rights and move your case quickly through the court system.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
Frequently Asked Questions (FAQs)
How is marital property divided in an Alaska divorce?
You and your spouse can decide together on how to divide up assets. If that is not possible, the court will do it for you using a three-step process.
- First, the court will identify the marital property and debt.
- Next, the court will value the marital property and debt.
- Third, the court will divide the marital property and debt in an equitable or fair (but not always equal) way.
Can you get alimony in an Alaska divorce?
Alimony can sometimes be awarded to a lower earning spouse depending on factors like how long the couple was married and what each spouse contributed to the marriage. A couple can also agree on their own about whether spousal support is appropriate, how much the higher earner should pay and how long this money should be paid.
How long does an Alaska divorce take?
There is a 30-day waiting period between filing for divorce and when the divorce decree can be signed, but many couples do take longer for their divorce to be finalized–especially when there are contested issues that a court must decide.
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