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Alaska Marital Settlement Agreement

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An Alaska marital settlement agreement outlines the terms for a divorce by separating the couple’s property, deciding alimony, and any child support or custody arrangements. The agreement should be signed by both parties and submitted to the court. If the couple cannot come to an agreement, the court may appoint a mediator to oversee the negotiations.

Table of Contents

Divorce Laws

Statutes – Title 25, Chapter 24 (Divorce and Dissolution of Marriage)

Alimony (§ 25.24.160(2)) – Factors that contribute to alimony include:

  • Length of the marriage;
  • Age and health of the parties;
  • Earning capacity of the couple;
  • Financial capacity of the parties; and
  • Conduct of the parties during the marriage.

Alimony Calculatorcalculators.law

Child Support (§ 25.27.060) – Child support in Alaska is determined by the guidelines located in R. Civ. P. 90.3.

Child Support Calculator – Provided by the Alaska court (Form DR-306).

Division of Property (§ 25.24.160(4)) – The division of property is determined similarly to alimony. Alaska is an equitable distribution State therefore the property is divided into what the judge determines as “fair” and not equal.

Grounds for Divorce (AS 25.24.050) – A petitioner may be able to file for divorce for any of the following reasons:

  • Adultery;
  • Felony conviction;
  • Desertion of for at least 1-year;
  • Cruel and inhumane treatment to the other spouse;
  • Incompatibility of temperament;
  • Drunkenness;
  • Drug addiction; and
  • Incurable mental illness.

Interim Support (AS 25.24.140) – During the court proceedings, a spouse may be required to provide to the other before the divorce is made final.

Residency (AS 25.24.080) – The petitioner of the divorce filing must be a resident. There is no minimum amount of time required to have residency.

Separation – There are no requirements for the couple to live at separate residences before filing for divorce.

How to File for Divorce in Alaska

Divorce Forms

Uncontested Divorce with No Children:

Uncontested Divorce With Children:

Step 1 – Complete the Divorce Forms

Complete the divorce forms while making 2 copies (3 total). File all the forms with the local Superior Court location. The filing fee of $250 is required to be attached (if you can’t afford the fee, complete and attach Form TF-920).

Step 2 – Wait for the Hearing Date

The couple must wait at least 30 days for the hearing date (AS 25.24.060). During this time, if the marital settlement agreement has not been yet completed it must be done at this time. The court will provide a Domestic Relations Procedural Order which are rules to be followed during the court proceedings.

If the division of assets, alimony, custody, and any other payments cannot be agreed upon the court may appoint a mediator to oversee the negotiations.

Step 3 – Go to the Court

Go to the court with any unfinished documents ready to be shown to the judge. If everything has been agreed-upon and the judge approves the terms of the divorce, a decree will be signed. The couple may obtain a divorce certificate by submitting the Divorce Certificate Request Form.

Step 4 – Request a Name Change

After the divorce is final. within 40 days of the decree being administered, a spouse is able to file for an Alaska name change.

(Video) Alaska Marital Settlement Agreement – EXPLAINED