Start your divorce online in Alaska

Alaska laws require that all divorcing couples meet the state’s residency requirements, allowing judges to establish jurisdiction and issue relevant court orders.

The requirements differ depending on the party they apply to. First, either spouse must be a state resident at the moment of the filing and intend to stay in Alaska. In addition, children must have lived in the state for six months. And finally, military personnel must have been stationed in Alaska for 30 days before the lawsuit.

Alaska family law allows spouses to divorce using no-fault or fault-based grounds. These are the reasons why they want to terminate their marriage. The most common cause is incompatibility because it doesn’t require presenting evidence of anyone’s guilt.

The spouses may also choose one of the following fault-based causes for divorce:

• Failure to consummate the marriage;
• Conviction of a felony;
• Adultery;
• Desertion for one year;
• Cruel treatment;
• Habitual drunkenness for one year or drug addiction;
• Incurable mental illness with institutionalization for 18 months.

A person must file several legal forms to start a divorce case in Alaska. They include a Petition (with or without children) or a Complaint if the divorce is contested. Other forms are the Information Sheet, Certificate of Divorce, Dissolution of Marriage or Annulment, and the Shared Custody Child Support Calculation form.

The filing spouse must file the originals and copies of these papers with the superior court in the county where either party lives.

Alaska Administrative Rule 9B requires all parties starting a divorce to pay the $250 filing fee when turning in their initial paperwork. The court fees may also include the sheriff’s services of delivering the copies of papers to the other spouse.

However, a petitioner can ask a judge to waive this payment if their income is insufficient. They must prove their inability to pay with financial information provided in the Request for Exemption from Payment of Fees (form TF-920).

The filing spouse must notify the other party (the respondent) about the divorce. First, the petitioner must collect copies of all filed papers and the Summons. Then, they must decide how to deliver the documents to the other spouse, who can file response papers.

They can do it in several ways:

• By hiring a sheriff or a private process server;
• By sending the papers by certified mail;
• Publicizing the Summons in the local newspaper (if they can’t find the respondent).

All spouses filing for divorce or marriage dissolution must wait 30 days from the filing date to the final hearing. It is called a waiting or cooling-off period. The couples may amend or withdraw their petition during this time.

The spouses must also attend a parenting class and can use these 30 days to get a certificate of completion. They can either go to a family court and watch an approved video or complete the educational course online.

Both parties must attend a final hearing where a judge will review their request and accompanying paperwork. The judge will ask the spouses questions to determine whether they understand their decisions’ consequences and ensure that the child’s best interests are met.

It’s not customary to sign the divorce decree right after the hearing, so it will take a few days before the judge issues the final judgment. After that, the spouses will receive their copies of the decree.