Divorce Laws
Alimony
The following factors contribute to the court’s decision when assessing the cost and duration of alimony:[1]
- Length of the marriage;
- Age and health of the parties;
- Earning capacity of the couple;
- Financial capacity of the parties;
- The separation of property; and
- Conduct of the parties during the marriage.
Alimony Calculator – calculators.law
Child Support
Child support in Alaska is determined by the guidelines located in R. Civ. P. 90.3.[2]
Child Support Calculator – Provided by the Alaska court (Form DR-306).
Division of Property
Grounds for Divorce
A plaintiff may be able to file for divorce for any of the following reasons:[4]
- Continued failure to consummate the marriage;
- Adultery;
- Felony conviction;
- Desertion for at least one (1) year;
- Cruel and inhumane treatment to the other spouse;
- Incompatible temperament;
- Habitual drunkenness for at least one (1) year;
- Drug addiction; and
- Incurable mental illness.
Interim Support
Residency
Divorce Forms
- Where to File – Superior Court
- Filing Fee – $250 (see Court Fees)
- How Long Does it Take? Thirty (30) to ninety (90) days.[7]
Uncontested Divorce with No Children:
- Alaska Divorce Certificate Request Form
- Case Description Form (CIV-125S)
- Findings of Fact and Conclusions of Law (DR 801) & Decree of Divorce (DR 806)
- Information Sheet (Form DR-314)
- Joint Motion, Affidavit & Order to Appear and Testify by Telephone (Form SHC-1342)
- Joint Motion to Put a Settlement on the Record (SHC-1063)
- Property & Debt Worksheet (SHC-1000)
- Request for Exemption from Payment of Fees, and Order (TF-920)
- Uncontested Complaint for Divorce with Property and no Children (SHC-111)
- Certificate of Divorce, Dissolution or Annulment (VS-401) (provided by the court or the Health Analytics & Vital Records)
Uncontested Divorce With Children:
- Alaska Divorce Certificate Request Form
- Application for Services of Child Support Services Division (DR-315)
- Case Description Form (CIV-125S)
- Child Custody Jurisdiction Affidavit (DR-150)
- Child Support Guidelines Affidavit (DR-305)
- Child Support Order (DR-300)
- Finding of Fact and Conclusions of Law (DR800) & Decree of Divorce (DR-805)
- Information Sheet (DR-314)
- Joint Motion to put a Settlement on the Record (SHC-1063)
- Property & Debt Worksheet (SHC-1000)
- Request for Exemption from Payment of Fees, and Order (TF-920)
- Shared Custody Support Calculation (DR-306)
- Uncontested Complaint for Divorce with Children & Property (SHC-110)
- Certificate of Divorce, Dissolution or Annulment (VS-401) (provided by the court or the Health Analytics & Vital Records)
An uncontested divorce is one where both spouses agree to end the marriage and consent to the terms for child support, custody, alimony, and the division of assets and debt. These terms must be negotiated between the parties and documented in a Marital Settlement Agreement.
How to File for Divorce in Alaska (7 steps)
1. Complete the Complaint for Divorce
The spouse initiating the divorce lawsuit (the plaintiff) needs to complete either an Uncontested Complaint for Divorce with Property and no Children or an Uncontested Complaint for Divorce with Children & Property. With this document, the plaintiff provides the court with important facts about the marriage and outlines the terms of their divorce. Both spouses must sign the form in the presence of a notary public or authorized court member.
2. Supplementary Paperwork
After the Complaint for Divorce has been filled out and signed, supplementary paperwork must be completed by the plaintiff and prepared for submission to the court. The forms required by the court are as follows:
- Case Description Form
- Used to notify the court of the type of legal action being filed.
- Information Sheet
- Contains the personal information of the spouses and their children (if any). Each spouse must complete their own Information Sheet.
- Findings of Fact and Conclusions of Law & Decree of Divorce (without children) or Finding of Fact and Conclusions of Law & Decree of Divorce (with children)
- The plaintiff only needs to fill out the applicable areas of this form, the rest will be completed by the court. If either spouse wishes to restore their former name, the request must be stated in this document. The parties must not sign until prompted by the court.
- Joint Motion to Put a Settlement on the Record
- Informs the court that the parties are in agreement over the terms of their divorce and wish to put their Marital Settlement Agreement on the record.
- Optional – Joint Motion, Affidavit & Order to Appear and Testify by Telephone
- This form should be used if either spouse wishes to provide court testimonies by telephone. The document must not be signed until requested by the court.
- Certificate of Divorce, Dissolution or Annulment
- The plaintiff can obtain this document from a court clerk. It can be filled out and signed at the courthouse when filing for divorce.
3. Child Support and Custody Documents
If the divorce involves minor children, the spouses will need to inform the court of how they intend to handle child support and custody. This information must be stated in a Child Custody Jurisdiction Affidavit and Child Support Guidelines Affidavit. Each spouse must complete these documents separately and sign the forms before a notary public or authorized court member. Next, one (1) Child Support Order must be prepared (the parties must not sign until requested by the court). If the spouses wish to share custody, a Shared Custody Support Calculation will also be completed (only one (1) form is needed).
4. File for Divorce
The plaintiff must make two (2) copies of each document and file them with a local Superior Court. Additionally, both parties must provide the court with their most recent tax return and pay stubs from the previous two (2) months. The plaintiff will need to pay the filing fee of $250 upon delivering the forms to the court clerk. If unable to afford the fee, the plaintiff can ask for an exemption by filing a Request for Exemption from Payment of Fees, and Order (must be notarized).
5. Parenting Program
If the divorce involves child custody, the spouses will need to attend a parenting program before the entry of their final decree. The parties must contact their local Superior Court to obtain information about how they can schedule their attendance at this class.
6. Attend Hearing
A divorce hearing will be scheduled by the court, the date of which will be communicated to the spouses by mail. The parties must attend the hearing and bring with them their Marital Settlement Agreement and additional documents they wish to show the judge. If everything has been agreed upon and the settlement terms have been approved, the judge will sign the Decree of Divorce to terminate the marriage. A copy of the decree will be provided to the spouses by a court clerk.
7. Name Change
If either spouse requested a name change during the divorce proceeding, the new name may be used after a judge issues a divorce decree. The spouse should update their identification cards and personal accounts by presenting the applicable agencies with their divorce certificate. If a certificate was not previously acquired, it may be obtained by filling an Alaska Divorce Certificate Request Form with the Vital Records Office.