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Divorce in Denali Borough
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Online Divorce in Denali Borough
Please note: OnlineDivorce.com in Denali Borough, Alaska, is a divorce document preparation service, not a law firm. Online Divorce is not eligible to provide legal advice. All the information below is for informational purposes only.
As one of the largest online divorce companies in the US, OnlineDivorce.com has prepared documents for the dissolution of marriage for hundreds of Alaskan couples. Denali Borough distinguishes between divorce and dissolution, making the latter a simplified procedure of legally ending one’s marriage. Whereas a divorce is usually a contested legal process, dissolution is when both spouses 100% agree to the terms of their divorce and have no contest over property division, allocation of debts, custody, and visitation, and child support, and alimony.
It turns out that uncontested divorces (dissolutions with simplified procedures) can be filed without a lawyer if divorcing couples are familiar with how to do it and what documents to submit. OnlineDivorce.com helps prepare divorce documents, guides through the filing process, and informs of the required steps. For one, it enables divorcing spouses to have a Do-It-Yourself divorce where you file the paperwork by yourself.
Recently, DIY divorces have gained popularity because many people question the necessity to pay sky-rocketing legal fees. Indeed you shouldn’t have to if you and your spouse can discuss your options in a civilized manner and agree on all the terms of your divorce. The only thing you may need is to meet some filing requirements for a divorce in Denali Borough. OnlineDivorce.com ensures you know the residency requirements and legal reasons to file for divorce and the documents you receive will be error-free and come with a 100% court approval guarantee.
The divorce forms vary by state and even county. OnlineDivorce.com provides state-specific court-approved printable forms for our clients to be completed without hassle wherever you are most comfortable. Editing is possible at all times without additional charge. When your court forms are ready, you simply follow OnlineDivorce step-by-step filing instructions. All divorce paperwork must be filed in person at a local courthouse.
As a premium online divorce solution, OnlineDivorce.com saves you time and money by assisting you to file for an uncontested divorce.
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Our tools have helped over 500,000 people get a quick and stress-free divorce while saving money in the process.
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Valid grounds to get divorce in Denali Borough
Pursuing an uncontested divorce in Denali Borough, spouses should not look for any faults in their marriage. Alaska law singles out “incompatibility of temperament” as a no-fault ground for divorce (Alaska Statutes 2019 § 25.24.200).
failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;
conviction of a felony;
wilful desertion for one year;
cruel and inhuman treatment calculated to impair health or endanger life;
habitual gross drunkenness contracted since marriage and continuing for one year before the commencement of the action;
incurable mental illness when the spouse has been confined to an institution for at least 18 months immediately preceding the commencement of the action;
drug addiction of either party, after the marriage.
However, fault-based grounds demand sufficient proof and may take a case to divorce trial, which is counterproductive for uncontested divorces.
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The court considers the child’s needs and wishes, the capability and desire of each parent to provide care to the child, and the established relationship between the child and each parent to determine “the overall best interest of the child” under AK ST § 25.24.150. Also, the court makes custodial decisions, aiming not to disrupt the child’s habitual environment and contacts to make a divorce as stressful-free as possible.
The court wants to see each parent encouraging and facilitating a close relationship with the other parent. It does not necessarily translate into joint custody orders as courts in Denali Borough do not have any presumptions in favor of joint custody. Co-parenting is crucial, but a lot depends on what both parents can provide for the child emotionally and materially.
Physical or mental abuse and drug/alcohol addictions negatively affect a parent’s chances of getting custody. Under favorable circumstances, such parents may get visitation rights but not residential custody.
With resolved child custody being a mandatory requirement for dissolution of marriage, divorcing couples must submit a signed parenting agreement to stipulate all terms and conditions of the residential arrangements and visitation schedules. Mediation may be the fastest and easiest way to help the parties formulate the terms properly and favorably for all involved.
Denali Borough mandates parenting classes for all divorcing parents of minor children. Both parents must attend a class and file a certification of completion with the court. Taking a parenting class may also help in resolving custody issues.
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Rules for child support in Denali Borough
According to AK ST § 25.27.060, parents are obliged to financially support a child and provide his or her basic needs, education, and care.
If parents fail to determine child support payments in their written parenting plan, the court will calculate it using the submitted Child Support Sheets and Alaska child support guidelines. In Denali Borough, the judge shall carefully examine the parents’ incomes, the number of children and the child’s needs, and establish a basic child support obligation.
In contrast to many other US states using the Income Shares Method, Alaska calculates child support with the Percentage of Income Method. Using the Income Shares Method, the court in Denali Borough prescribes a custodial parent to pay, for example, 60% of the calculated cost of raising one child. Meanwhile, the Percentage of Income Method calculates a percentage from the non-custodial parent’s income, which often results in a lower sum than the other method.
Once a basic child support amount is determined, all the other expenses may be added or deducted. For example, courts in Denali Borough consider extraordinary medical care costs as add-ons. Child care costs are also calculated separately. College tuition is not part of child support obligations.
According to AK ST § 25.27.061, once a child who receives child support payments gets married or graduates high school or gets emancipated in any other way before turning 18, child support automatically stops.
In Denali Borough, spousal support is called maintenance and can be awarded to either spouse upon a request and a proven lack of financial resources. Following the provision of AK ST § 25.24.160, the court shall award maintenance after carefully examining the requesting party’s custodial status and shares in property distribution. Also, the judge will consider the length of the marriage, the parties’ age, health, earning capacity, the standard of living established during the marriage, and whether the paying party will meet their own needs in case of a maintenance award.
Awarding maintenance at their discretion, judges may consider either spouse’s economic fault and the value of retirement benefits in either spouse’s property before making maintenance-related decisions.
The amount and length of maintenance largely depends on what kind of training and/or education the requesting party needs to become economically independent as soon as possible.
Many people protect their assets by signing a prenuptial agreement before getting married. Whereas a typical prenup usually contains maintenance clauses, it is up to the judge to decide whether to comply with a prenup or ignore alimony waivers.
In Denali Borough, Alaska, maintenance payments are taxed on a federal level. For the paying party to have maintenance payments deductible and for the receiving party to have it taxable, the payments must meet IRS guidelines and (1) be made in cash; (2) be assigned strictly for alimony; and (3) the ex-spouses must reside separately.
Uncontested Denali Borough divorce with children
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Property division in Denali Borough
The dissolution of marriage in Denali Borough requires spouses to divide assets and debts before filing for divorce fairly and equitably. If they fail to do so or if the court considers their distribution unfair and inequitable at a hearing, the couple will be asked to make modifications and changes. Absent a prenuptial agreement; the court will follow community property rules because Alaska is a community property state (Alaska Statutes Title 34.).
How is the distribution of property and debts done? First, the marital property and debts should be separated from the individual property and identified. Next, it should be appraised. Finally, it can be divided. If both parties agree with their own settlement submitted to the court in writing, the court reviews it. If the couple requests the court to do it for them, it qualifies a dissolution as a divorce and usually extends the length of divorce process.
In identifying community property from separate property, the court allocates the property purchased before the marriage or after the separation or handed over as a gift or inheritance as separate property that cannot be divided. All the rest of the property purchased during the marriage is community property and shall be valued and split between the spouses.
In Denali Borough, fair and equitable distribution of property does not necessarily mean splitting it in two. If a marriage was short and the spouses haven’t accumulated many marital assets or debts, the average split can indeed be 50/50. However, in lengthy unions with a complex net of monetary and nonmonetary contributions, the court will consider multiple factors to distribute the property correctly.
Mind that not only real estate, vehicles, and furniture constitute community property. Wages, income, debts, and investment benefits earned by each party during the marriage, including pensions and retirement benefits, are also part of community property.
If you doubt how to split your community property fairly, consult a certified financial advisor or pension planner.
Mediation support in Denali Borough
Mediation can be part of any divorce process in Denali Borough, contested or uncontested. Alaska judges do not mandate mediation, but divorcing spouses may request it if they cannot resolve custody, alimony, or property division. As a neutral third party, a skilled mediator will guide divorcing spouses to negotiate the most comfortable and favorable terms and conditions of the divorce for all involved. Besides, as a chargeable service, mediation is cheaper than legal consultation.
How to file for divorce in Denali Borough | Step-by-Step
Meet residency requirements for the dissolution of marriage. Denali Borough requires either the plaintiff (the spouse who files the paperwork) or the defendant (the other spouse) to be a state resident to file for divorce (See AK ST § 25.24.090). Not specifying any determined period to meet residency requirements for divorcing spouses, Denali Borough may nevertheless require children under 19 to have lived in the state for at least six months before their parents can file for divorce but it largely depends on child custody issues and particularities of a divorce case.
Find out where to file and complete the court forms. In Denali Borough, divorces and dissolutions are handled by the Superior Court of the judicial district. If you and your spouse agree to have a dissolution of your marriage, obtain the dissolution forms either from the court clerk’s office or download them online (OnlineDivorce.com). Fill out the forms and sign the petition and the summons in front of a notary. Make two copies of the divorce documents. Make sure you have a correct divorce packet to fill out as Denali Borough has several divorce options for different family situations (minor children, pregnant wife, disagreement over divorce terms, agreement over divorce terms, and no children). Choose the one that fits your situation best.
File the court forms. Bring the papers to the court and file the originals with the court’s clerk. The clerk returns stamped copies of the summons and standing order for the plaintiff to add to other documents and assemble a paperwork packet to serve on the defendant. Now, pay the filing fee unless you apply for a fee waiver. To waive the fees, file a Request for Exemption from Payment of Fees. If the judge approves it, you will be exempt from all court costs and fees during the dissolution/divorce course. During the process of completing or filing the paperwork, if the spouses find out that they disagree on any divorce-related issues, a dissolution of marriage can be converted into a traditional divorce. The plaintiff shall fill out and file a Motion & Affidavit to Convert Dissolution to Divorce and an Order Granting Motion, and their case will be qualified as a divorce and will proceed as a divorce case.
Serve the spouse. When the Summons and Complaints are served on the defendant, rules of special service apply. It means that divorce paperwork cannot be hand-delivered by the plaintiff personally. When you are thinking about serving your spouse, you have several variants: from certified mail to a process server or a sheriff and friends or family, any method will do as long as the server provides the plaintiff with proof of service for the court.
Wait for the defendant’s answer. The defendant has 20 days to file an answer to the Complaint served by the petitioner’s representative. Failure to file either a positive or negative answer will result in a default judgment where the petitioner is granted everything he or she asked in the Complaint.
Make sure you filed all the required paperwork. Spouses must disclose their financial information for the court to know how to rule custody, support, and property division. Also, in Denali Borough, divorcing parents are required not only to complete parenting education “Children in Between” but also to watch a video called “Listen to the Children” to help all the parties involved handle a divorce in the least traumatic way. The court requires a certificate of completion.
Wait for your divorce to finalize. Once all the required paperwork is filed, the court’s clerk will set up a hearing date for 30 days after the filing. Either spouse shall attend and answer the judge’s brief questioning about the terms of the divorce. If neither spouse can attend, an Appearance and Waiver of Notice of Hearing must be submitted. Once the judge finds all the divorce documents in order, he or she will enter a Decree of Dissolution of Marriage.
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Filing fees for divorce in Denali Borough
Alaska has a unified filing fee for all counties. In Denali Borough, the filing fee for the dissolution of marriage will cost the plaintiff $250, the same as in other counties. There are also some additional court costs, such as certification of documents ($10) or copy fees ($5).Couples file for dissolution of marriage precisely because they want it to be over fast and easy. Indeed, if an Alaska couple has resolved all divorce-related issues, their case can proceed relatively quickly. Only 30 days must lapse between the filing of documents and the scheduling of a hearing date. However, after the spouses decide to divorce, it may take them somewhat more time to straighten all document preparation and filing as well as additional procedures such as taking a parenting class and figuring out how to serve the spouse. Besides, a local court can be overloaded with cases, and it will take the judge some time to review a couple’s submitted paperwork. Therefore, the timeline for a dissolution of marriage in Denali Borough often spans one to three months.
If you are unable to pay the court fees, you may qualify for a fee waiver. Mind that if you requested a fee waiver, you will have to wait for the judge’s ruling. The plaintiff cannot serve his or her spouse with the divorce papers until after a fee waiver has been ruled.
How long will it take?
Couples file for dissolution of marriage precisely because they want it to be over fast and easy. Indeed, if an Alaska couple has resolved all divorce-related issues, their case can proceed relatively quickly. Only 30 days must lapse between the filing of documents and the scheduling of a hearing date. However, after the spouses decide to divorce, it may take them somewhat more time to straighten all document preparation and filing as well as additional procedures such as taking a parenting class and figuring out how to serve the spouse. Besides, a local court can be overloaded with cases, and it will take the judge some time to review a couple’s submitted paperwork. Therefore, the timeline for a dissolution of marriage in Denali Borough often spans one to three months.
Filing for divorce in Denali Borough | Frequently Asked Questions
How much does a divorce cost in Denali Borough? Assuming a divorcing couple has handled custody, support, and property division by merely discussing it and agreeing on it, the cost of divorce may be boiled down to court fees. In Denali Borough, the filing fee for the dissolution of marriage is $250 plus a bit more for copying fees and document certification. If disputes are inevitable in your case, make a list of all divorce-related expenses and check prices for mediation, legal and financial experts, etc. in your area. However, sorting out all divorce-related matters without professional help is often possible only for young marriages with no minor children and no expensive real estate. The longer a marriage lasted the more marital assets it accumulated. Dividing marital assets in a long-term marriage demands caution and expert consultation. Even without paying much in legal fees, couples will need to hire appraisers, financial analysts, and pension planners to divide their family home, real estate, investment benefits, cars, furniture, and pension plans. Depending on your case’s complexity, you may spend from $1,000 up to $15,000-20,000 on getting a divorce.
How to file for divorce in Denali Borough without a lawyer? To facilitate self-representation in divorces, Denali Borough introduced the procedure of dissolution of marriage. A Self-Help Center on the Alaska Court System enables divorcing spouses to learn about this legal process and prepare documents. Therefore, filing for divorce without a lawyer has never been easier and more affordable due to state support. It remains reasonable though to consult a family attorney before applying for the dissolution of marriage or divorce. It can be just a brief consultation where you will learn about aspects you need to pay attention to and advice on how to proceed in your particular case with custody, support, and property division. If legal fees are unaffordable for you, you can seek free consultations from law clinics and pro bono attorneys. The bottom line is that you are entirely able to prepare all divorce-related paperwork on your own properly and have an inexpensive divorce.
What are the forms required for an uncontested divorce in Denali Borough? If you file for dissolution of marriage with minor children rather than divorce, a list of the most common forms may include:
Petition for Dissolution of Marriage (with children)
Answer and Counterclaim (To Divorce with Children)
Shared Custody Child Support Calculation
Child Support Guidelines Affidavit
Child Custody Jurisdiction Affidavit
Proof of Notice
Information About CSSD
Application for CSSD Services
Certificate of Divorce, Dissolution or Annulment,
Can I file for legal separation in Denali Borough, Alaska? Although Denali Borough has neither specific legal provisions for legal separation nor court forms for legal separation, it is possible. A couple may request to resolve all divorce-related issues of custody, support, and property division while remaining married by claiming a marriage breakdown. Under Alaska Statutes 25.24.400, spouses should file a Complaint about legal separation.
When is it allowed to remarry after a divorce? Alaska has no post-divorce remarriage waiting period. Divorced people can marry as soon as their divorce is officially finalized.
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We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
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We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
We guarantee 100% court approval on divorce papers prepared through our website or your money back - we have 21 years of experience in completing divorce forms so clients can be sure the court will accept their documents without issues.
With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized, including:
prepare, file, and serve (deliver) the divorce petition
respond to the petition
interview and hire an attorney
pre-trial legal motions and hearings
settlement proposals and negotiations between attorneys
if settlement fails, prepare for and complete a court trial
appeal, if you dispute the trial judge’s decision(s)
Prepare to pay exorbitant attorney's fees - at least $2000-3000 depending on your case’s complexity.
Hourly rates vary with different attorneys and average $250-300 per hour. In rural areas, attorneys
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