Dissolution:
In Alaska, a Dissolution of Marriage refers to an uncontested divorce. It is a mutual agreement to end a marriage, where both parties agree on all terms regarding division of property and debt, as well as custody and visitation or parenting plan, if applicable.
Divorce:
A Divorce refers to the ending of a marriage by a court order. It specifies the contested proceeding used to divorce, rather than the un-contested proceeding (Dissolution).
Residency Requirement:
To file for divorce/dissolution in Alaska, the filing spouse must be a resident of the state. To be considered a resident for purposes of divorce/dissolution, one must be in Alaska when filing with the intention of remaining as a resident.
If the spouse seeking the divorce doesn’t live in Alaska and the couple was married outside of the state, but the other spouse is an Alaska resident, it is permittable to file for divorce/dissolution in Alaska.
Military Members or Military Spouses:
If one is serving in the military and is continuously stationed at a military base in Alaska for at least 30 days, he/she is considered an Alaskan resident for the purpose of filing for divorce/dissolution. However, active duty military members do have three choices for venue when filing for divorce:
The state where the military member is stationed;
The state where the military spouse resides; or
The state where the military member claims legal residency (This may be the state where he/she is originally from or the state where he/she plans to reside after discharge or retirement).
Either spouse may file for divorce in any of the three locations, but they must follow the divorce laws, and procedures of the state in which they file.
Filing:
An action for divorce/dissolution should be filed with the local Superior Court. The necessary forms may be obtained online from the Alaska Court System’s Self-Help Center. (See Links to State Resources).
The Plaintiff, (filing spouse), must serve the Defendant, (non-filing spouse), with copies of everything that has been filed, plus the summons and standing order, either by certified mail/return receipt/restricted delivery or process server.
The Defendant has 20 days from the date he/she was served to respond to the Complaint for Divorce. If no response is filed, the Plaintiff may request a default. If the defendant files an Answer, the case will move forward as a contested case and be set for trial.
Generally, one must wait at least 30 days after filing for divorce/dissolution before the judge will grant the final divorce decree.
Default:
If the Defendant does not file an Answer to the Complaint within 20 days of being served, the Plaintiff may ask the court to default the other side and grant everything he/she asked for.
He/she must file a Default Application and proof that he/she served the Defendant according to the rules. Proof of Service includes the green return receipt from the post office signed by the Defendant or a return of service from the process server who served the Defendant. Many courts require that all final documents be filed at this time as well.
Either the Plaintiff or the local court will schedule a default hearing. At the hearing, the Judge will go over the Complaint and all the other documents and ask the Plaintiff some questions to verify that a default can be entered. If the Defendant does not appear, the Judge will consider only the Plaintiff’s Complaint when issuing a judgment in the case.
If the court has set a hearing for default and the Defendant then wants to participate, he/she would need to file a Motion and Affidavit to Set Aside Entry of Default and Accept Late Filed Answer. If the court grants this request, the case will proceed with both parties having the opportunity to participate.
If the Defendant files an Answer to the original Complaint without the Motion & Affidavit to Set Aside Entry of Default, the court may still proceed with the default process. If the Defendant submits a Motion to Set Aside Default Judgment with an affidavit and a proposed order, within one year of a default judgment, the Judge may review the judgment. The motion must explain why the court should set aside the default judgment, subsequent to Civil Rule 60(b).
Spouse's Name:
In a judgment in an action for divorce or annulment, the court may change the name of either of the parties. If a party seeks a change of name to a name other than a prior name, the court shall set a date for hearing at least 40 days after filing of the action.
Notice of the application for the change of name to that other than a prior name and the date of the hearing shall be published once each week for four consecutive weeks before the hearing in a newspaper of general circulation in the judicial district. The court may require other postings as well.
If the court is satisfied that no reasonable objection exists to the assumption of the new name, it shall authorize the party to assume the name 30 days after the judgment is issued. Within 10 days of the judgment, the party assuming the new name shall publish notice of the approval of the name change in a newspaper of general circulation in the judicial district. Again, the court may require additional postings.
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Legal Grounds for Divorce
There are eight statutory grounds for divorce in Alaska, most of which require a finding of fault on the part of one of the spouses. However, one grounds, incompatibility of temperament is considered no-fault and is used most often.
A divorce may be granted for any of the following grounds.
1. Failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;
2. Adultery;
3. Conviction of a felony;
4. Willful desertion for a period of one year;
5. Either; a. Cruel and inhuman treatment calculated to impair health or endanger life; b. Personal indignities rendering life burdensome; or c. Incompatibility of temperament;
6. Habitual gross drunkenness contracted since marriage, and continuing for one year prior to the commencement of the action;
7. Incurable mental illness when the spouse has been confined to an institution for a period of at least 18 months immediately preceding the commencement of the action; the status as to the support and maintenance of the mentally ill person is not altered in any way by the granting of the divorce;
8. Addiction of either party, after getting married, to the habitual use of opium, morphine, cocaine, or a similar drug.
In Alaska, a Dissolution of Marriage refers to an uncontested divorce. It is a mutual agreement to end a marriage, where both parties agree on all terms regarding division of property and debt, as well as custody and visitation or parenting plan, if applicable.
Divorce:
A Divorce refers to the ending of a marriage by a court order. It specifies the contested proceeding used to divorce, rather than the un-contested proceeding (Dissolution).
Residency Requirement:
To file for divorce/dissolution in Alaska, the filing spouse must be a resident of the state. To be considered a resident for purposes of divorce/dissolution, one must be in Alaska when filing with the intention of remaining as a resident.
If the spouse seeking the divorce doesn’t live in Alaska and the couple was married outside of the state, but the other spouse is an Alaska resident, it is permittable to file for divorce/dissolution in Alaska.
Military Members or Military Spouses:
If one is serving in the military and is continuously stationed at a military base in Alaska for at least 30 days, he/she is considered an Alaskan resident for the purpose of filing for divorce/dissolution. However, active duty military members do have three choices for venue when filing for divorce:
The state where the military member is stationed;
The state where the military spouse resides; or
The state where the military member claims legal residency (This may be the state where he/she is originally from or the state where he/she plans to reside after discharge or retirement).
Either spouse may file for divorce in any of the three locations, but they must follow the divorce laws, and procedures of the state in which they file.
Filing:
An action for divorce/dissolution should be filed with the local Superior Court. The necessary forms may be obtained online from the Alaska Court System’s Self-Help Center. (See Links to State Resources).
The Plaintiff, (filing spouse), must serve the Defendant, (non-filing spouse), with copies of everything that has been filed, plus the summons and standing order, either by certified mail/return receipt/restricted delivery or process server.
The Defendant has 20 days from the date he/she was served to respond to the Complaint for Divorce. If no response is filed, the Plaintiff may request a default. If the defendant files an Answer, the case will move forward as a contested case and be set for trial.
Generally, one must wait at least 30 days after filing for divorce/dissolution before the judge will grant the final divorce decree.
Default:
If the Defendant does not file an Answer to the Complaint within 20 days of being served, the Plaintiff may ask the court to default the other side and grant everything he/she asked for.
He/she must file a Default Application and proof that he/she served the Defendant according to the rules. Proof of Service includes the green return receipt from the post office signed by the Defendant or a return of service from the process server who served the Defendant. Many courts require that all final documents be filed at this time as well.
Either the Plaintiff or the local court will schedule a default hearing. At the hearing, the Judge will go over the Complaint and all the other documents and ask the Plaintiff some questions to verify that a default can be entered. If the Defendant does not appear, the Judge will consider only the Plaintiff’s Complaint when issuing a judgment in the case.
If the court has set a hearing for default and the Defendant then wants to participate, he/she would need to file a Motion and Affidavit to Set Aside Entry of Default and Accept Late Filed Answer. If the court grants this request, the case will proceed with both parties having the opportunity to participate.
If the Defendant files an Answer to the original Complaint without the Motion & Affidavit to Set Aside Entry of Default, the court may still proceed with the default process. If the Defendant submits a Motion to Set Aside Default Judgment with an affidavit and a proposed order, within one year of a default judgment, the Judge may review the judgment. The motion must explain why the court should set aside the default judgment, subsequent to Civil Rule 60(b).
Spouse's Name:
In a judgment in an action for divorce or annulment, the court may change the name of either of the parties. If a party seeks a change of name to a name other than a prior name, the court shall set a date for hearing at least 40 days after filing of the action.
Notice of the application for the change of name to that other than a prior name and the date of the hearing shall be published once each week for four consecutive weeks before the hearing in a newspaper of general circulation in the judicial district. The court may require other postings as well.
If the court is satisfied that no reasonable objection exists to the assumption of the new name, it shall authorize the party to assume the name 30 days after the judgment is issued. Within 10 days of the judgment, the party assuming the new name shall publish notice of the approval of the name change in a newspaper of general circulation in the judicial district. Again, the court may require additional postings.
Visit us at Google+ Copyright HG.org
Legal Grounds for Divorce
There are eight statutory grounds for divorce in Alaska, most of which require a finding of fault on the part of one of the spouses. However, one grounds, incompatibility of temperament is considered no-fault and is used most often.
A divorce may be granted for any of the following grounds.
1. Failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;
2. Adultery;
3. Conviction of a felony;
4. Willful desertion for a period of one year;
5. Either; a. Cruel and inhuman treatment calculated to impair health or endanger life; b. Personal indignities rendering life burdensome; or c. Incompatibility of temperament;
6. Habitual gross drunkenness contracted since marriage, and continuing for one year prior to the commencement of the action;
7. Incurable mental illness when the spouse has been confined to an institution for a period of at least 18 months immediately preceding the commencement of the action; the status as to the support and maintenance of the mentally ill person is not altered in any way by the granting of the divorce;
8. Addiction of either party, after getting married, to the habitual use of opium, morphine, cocaine, or a similar drug.
