Divorce papers in Alaska — filing for divorce in AK

Online divorce in Alaska

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How to get divorce in Alaska

The information below will help understand more about the divorce in Alaska.

The common steps of how to get divorce in Alaska:

1

In Alaska, there are two basic types of marriage termination: dissolution and divorce. Dissolution of marriage means that the spouses are willing to divorce and do not have any disputable issues. The second type is a divorce. The spouses will have to go through a series of legal proceedings to finally terminate of their marriage. The main condition for divorce is that the marriage has legal force.

2

You or your spouse must comply with the rules of residence before filing a lawsuit.

3

The interested person must have grounds for divorce. These are the fault reasons, on the basis of which the contested divorce is filed. If the spouse want to get an uncontested divorce in Alaska, then he or she must have no-fault grounds.

4

The interested person must fill in the Alaska divorce papers.

5

Once the spouse have filled in the Alaska divorce papers, they have to be sued in the county where the spouse want to get a divorce. After that, the interested person need to notify his or her support about the beginning of the divorce, that is, to provide him or her with copies of the divorce form documents that have been filed in the court.

Residency:

If the interested person decides to issue a dissolution / divorce, then he or she must comply with the rules of residence established by state law. The state bailiff obliges the plaintiff to be a resident of the state, which means that at the time of filing the application that the interested person must be on the territory of the state with a serious desire to stay here for further residence.
If the interested person want to file for divorce in Alaska, but he or she is not a resident of the state, then the obligatory condition should be that his or her spouse must reside in Alaska.

Military:

If the interested person is related with military forces and he or she is on service in Alaska for at least 30 days, then he or she is considered a resident of the state.

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Valid grounds to get divorce in Alaska

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If the interested person wants to get a divorce in Alaska, then they must have grounds. To apply for divorce on the basis of a no-fault grounds in the Alaska divorce papers, the interested person just need to indicate that both spouses have incompatibility of temperaments.
For fault reasons are:

#1

Adultery;

#2

The interested person's spouse has committed a crime for which he or she received punishment;

#3

Willful desertion for a period of one year;

#4

Brutal behavior in the family by the spouse or physical or emotional violence;

#5

Complicated mental illness of the spouse because of which he or she is imprisoned in a psychiatric hospital for a period of not less than 18 months;

#6

Abuse of alcohol or narcotics, which will last more than 1 year;

#7

Failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;

 

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Annulment of the marriage in Alaska

The interested person can file a petition to a judge with the request to recognize his or her marriage as invalid, which is called an annulment.

To recognize a marriage as invalid, the interested person must comply with at least one of the following statements:

  • During the marriage ceremony, one of the spouses was already married and the marriage was not terminated;
  • During the marriage ceremony, one of the partners was a minor and did not have the permission from the parents or the court to marry;
  • During the marriage ceremony, one of the parties was mentally ill, which did not allow him or her to voluntarily marry;
  • One of the parties used fraud against the other party for marriage;
  • One of the parties forced the other party to marry (under duress);
  • The couple did not have sexual intercourse after the marriage;
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Custody of the child in Alaska

Custody of the child

If a child was born during a marriage, then after the divorce the court must appoint the main guardian and set the visiting hours for the second parent.

The main circumstances that the court is guided in making its decision are as follows:

  • The child's needs for physical, religious, social and emotional upbringing;
  • The ability of each parent to meet the above needs;
  • The desire of each parent to take responsibility for the upbringing of the child;
  • Living conditions that were established in the family during the marriage;
  • The willingness of each parent to interact with the second spouse with the child-rearing child and making important decisions in his or her life;
  • The presence of facts of domestic violence;
  • Presence of a predilection for alcoholic beverages or drugs of one of the spouses;
  • Other factors that the court considers important for making a decision.

If the interested person indicates in the Alaska divorce papers his or her the reason for the rigid treatment or violence by his or her spouse and the court verifies that this statement is true, then, depending on the severity of the spouse's actions, the court will appoint him or her certain hours of the child's visit, which will be supervised by special bodies.

Rules for child support in Alaska

After the decision on guardianship was taken the court is also bound to assign the amount of financial support to the child. When divorced in Alaska, courts are based on the net income of a parent who has not received custody. With this calculation, the parent-guardian's income is usually not taken into account.
The amount of financial support is calculated on the basis of the income of the parent of the person who does not have the right to custody after certain payments.
Data on the financial position of the spouses are usually taken from Alaska divorce papers, so the interested parties should specify as accurately as possible their financial situation and the financial situation of their spouses.

The following proportion is used to calculate the amount of financial support for children:

 

1 child

20% of income

 

2 children

27% of income

 

3 children

30% of income

 

+ 3% additional

for each subsequent child

If however a parent who does not receive the right of guardianship has a vacation with the children, then he or she can reduce the amount of financial support for the child by 75%.

Uncontested Alaska divorce with children
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Rules for spousal support in Alaska

Rules for spousal support

After a divorce, one of the spouses has the opportunity to receive financial support from their spouse. In other words, alimony. According to state law, child support is of two types:

1) Rehabilitation - the amount that is directed at getting a spouse of such an education that will help him or her to find a stable income. Usually the payment of this type of alimony lasts no more than 4 years.

2) Reorientation support - is a kind of alimony that lasts no more than 1 year, the essence of which is to cover the financial shortage after making a property.

3) The decision on the amount of alimony is taken by the court after the analysis of Merrill Factors, as well as any other circumstances that the court deems essential.

Property division in Alaska

Property division

In Alaska, ownership is divided into a combination of laws: division occurs according to an equitable rule, but the law allows couples to choose rules to comply with rules on common property or trust in community property.

The division of property takes place on the basis of contracts concluded between the spouses. So the couple can decide what property belongs to the general, and which one to separate and formalize it documentarily. Such a contract can be concluded as before or after the registration of marriage.

The decision regarding the division of property is taken by the court. If the marriage lasted a long enough period of time then all will apply the rule 50/50. If the marriage was not long enough, then the the court can be guided by the rule of honest separation. To the division of property also belongs the division of the couple's debts.

The following factors affect the court's decision regarding the division of property:

  • Age and health level of each spouse;
  • Duration of the marriage;
  • Education, skills and employment of everyone with elasticity;
  • Financial position of each party;
  • The needs of each spouse;
  • Circumstances and ways how each property was acquired;

Divorce without a lawyer in Alaska

If the interested person applies for a divorce in Alaska, then there is no need to use the services of a lawyer. Depending on which county the spouse lives, the process of divorce in the state of Alaska can vary.

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Mediation support in Alaska

If the interested parties are getting a divorce in Alaska and in their case minor children appear, then theyand their spouse will have to visit mediators, as well as provide them with all information regarding their children, as well as their financial declarations.

Divorce forms in Alaska

In Alaska, there are many different divorce form documents. However, which exactly you must sue will depend on your type of divorce, circumstance and county. The state legislature assumes two basic types of divorce - dissolution and divorce.

Uncontested divorce in Alaska

Uncontested divorce in Alaska

In Alaska, there are two types of divorce: it is contested (divorce) and uncontested (dissolution). If one of the spouses does not agree to divorce, as well as there are disputes about custody of minor children or the division of property, then this is a contested divorce. If both spouses agree to a divorce, they do not have any disputable issues, and the reason for ending the marriage is a no-fault reason, then this is an uncontested divorce or Dissolution of Marriage.

To be eligible for an uncontested divorce in Alaska, the spouses must meet the following requirements:

  • The spouses agree to terminate their marriage; 
  • The spouses have already discussed how common property should be shared and formalized your contract in writing form; 
  • The spousesdiscussed the issue of alimony and agreed; 
  • if spouses have a general minor children, they also have to agree on who will be the main custodian; 
  • The spouses must be residents of the state. If there any children under 18 were born during a marriage, then they are required to reside in the state for 6 months before divorce will be filed.

How to serve divorce papers in Alaska

Once the interested person register his or her Alaska divorce papers in court, they need to send copies of these documents to his or her spouse. It can be applied in the following ways:

  • hire a private servicer to deliver the documentation;
  • send by mail;
  • hand in hand;

If the interested person uses mail or a private service, then they will provide him or her with a receipt stating that the spouse has actually received the documents.

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Filing fees for divorce in Alaska

Total fees will contain sum of Alaska court filing fees and cost of using the service of online divorce in Alaska. This cost may vary by county. It is possible to check with local court officer to determine the exact amount.