helpful.
|
READ THIS IF YOU HAVE KIDS!
A history of domestic violence between you and the other parent can affect the custody or visitation arrangement for your children. The law presumes that the parent who committed the domestic violence might not get custody and visitation unless he or she meets certain requirements. These may include completing a batterer’s intervention or substance abuse treatment program. To find domestic violence, the law does not require the existence of a protective order or criminal charges. The divorce or custody judge may ask about domestic violence. If there has been domestic violence, you should talk with a lawyer about how this law will impact your case. |
Both cases end the marriage and divide marital property and debt (including retirement accounts). When the couple has children, both cases also decide a parenting plan which is the custody and visitation arrangement and issue a child support order.
You can learn more about property and debt division when ending a marriage.
You can learn more about parenting plans (custody and visitation).
You can learn more about child support.
The difference is whether the couple agrees or disagrees about the issues. If they agree on all issues, they can file a dissolution case together. If they don't agree, one spouse can file a divorce case.
To start a case in court, you must file a document called either a complaint or a petition, and required attachments. The kind of complaint or petition you file will depend on your situation.
The first question is whether or not you have children, so please click on the appropriate link below to see a list of available forms:
- There are minor children
(whether or not there are paternity issues and/or the wife is pregnant)
- There are no minor children
If you agree, both parties can file uncontested paperwork together which will make the case go much faster. Please read the Uncontested Matters, Agreements and Settlements section for forms and information.
Please see our fee information page.
No. If you file for divorce and include all the required, properly completed paperwork, your spouse cannot stop you from getting a divorce, even if he or she does not want one.
Yes. Either you or your spouse may file to end your marriage in Alaska as long as the filing spouse is a resident of the state. Generally, you are an Alaska resident for the purposes of filing for divorce or dissolution if you are in Alaska when you file and intend to stay as a resident. Also, if you don't live in Alaska and were married outside of Alaska, but your spouse is an Alaska resident, you can file in Alaska.
If you are serving in the military and are continuously stationed at a military base in Alaska for at least 30 days, you are an Alaskan resident for the purposes of filing a divorce case. But think carefully about where you want to file because there are 3 options for a military member or spouse:
Although either spouse may file for divorce in any of the three locations listed above, the laws about divorce and property distribution may be different in each state. You should consult with an attorney to decide where is the best place to file your case.
If the court finds that it does not have jurisdiction to hear the case because you don't meet the residency requirement, the case may be dismissed.
Jurisdiction is a very complicated subject and you should talk to an attorney to figure out where is the best place to file your case. If you don't meet the residency requirements to file in Alaska, here are some options:
Generally, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final divorce decree.
If you cannot attend the dissolution hearing in person, you have some options.
If you and your spouse agree to the telephonic appearance, you can both file the Joint Motion form together that asks the court to allow one or both of you to be on the phone:
If you and your spouse do not agree to the telephonic appearance, you can file the following motion that asks the court to allow you to be on the phone:
You need to provide your spouse with a copy of this Motion and fill out the certificate of service at the bottom. For more information about serving the opposing party, see http://www.courts.alaska.gov/serve.htm.
If you cannot be there in person or on the telephone, you can file a form that asks the court to have the hearing without you.
The court may need to call you so the form asks for a phone number to reach you, but this doesn't mean that the court will call you.
No, there is no advantage to being the person who starts the case. Both parties have the opportunity to file papers which state their viewpoint in the case. The judge will consider what each party says and apply the appropriate legal factors to decide the issues.
Yes, there are classes in many communities. However, the forms are fairly straightforward, so do not be afraid to try it on your own. If you get stuck, you can always call the Family Law Helpline or consult with an attorney.
You are now ready to file in court and get the defendant served:
helpful.Yes, you can mail your papers to the court for filing. You need to include 3 things:
Make 2 copies of all papers before you mail the originals to the court. Keep 1 copy for your records. You will need 1 copy to serve the defendant later after you get the summons and domestic relations procedural order.
Serve the opposing party with:
There are special requirements to serve a complaint and summons.
You wait. When you receive the proof of service, put it in a safe place. The defendant has 20 days from the date of being served to respond to the complaint. If nothing is filed, you may ask for a default. If the defendant answers, your case will move forward as a contested case and be set for trial.
It depends. Many courts require that you view the Listen to the Children video, and some courts also require a special class or workshop. Please check with your local court to confirm what is currently required.
If you are married and cannot find your spouse, you can still get divorced BUT ONLY AFTER you have made what is called "diligent inquiry," which means looking really hard for your spouse. After you have completed your diligent inquiry you must submit an affidavit explaining how and where you looked, and ask for permission to serve that missing spouse by publishing notice in a newspaper or posting in certain places.
Your missing spouse may be easier to locate than you think, and you may very well find them after you do your diligent inquiry. Please see our Tips on Locating People for some ideas of how to search for someone. Please note that you will need to try most of these things before the court will allow you to get divorced.
Once you have done your diligent inquiry, you have two options:
Filing for bankruptcy and divorce are serious actions. There are important considerations about when you file each of these cases because it can affect the marital property and debts. Also once you file for bankruptcy, usually all other court cases are stayed (stopped) until the bankruptcy case gets sorted out. This doesn't mean that you can't get a divorce or figure out child custody during a bankruptcy case. But it will take some extra work to sort out the bankruptcy issues (property and debt) from your divorce case. You should talk with a bankruptcy attorney to figure out whether and when to file the different cases.
This website has forms and information for all of the stages of the case. You can also find information about specific topics such as child support, parenting and custody, paternity, property and debt division and dividing retirement benefits.
| Rev.
4 January 2012 © Alaska Court System www.courts.alaska.gov |
You'll need to download a free copy of
Adobe Acrobat Reader in order to view and print documents with this symbol. If you are using a screen reader, get support
and information at the Adobe Access website.
|