Your Divorce Laws

Discover Your Divorce Laws and Save Money… ….by Mastering the Divorce Process in

 

Alaska Residency Requirement
According to the Alaska Divorce Laws and Alaska Divorce Guidelines, the spouse filing for divorce in Alaska must be a resident. There is no minimum time period requirement.

Place of Divorce (Venue)
The case may be filed in:
(1) county where defendant resides
(2) county where spouses both resided at the time of their separation
(3) county where plaintiff resides if defendant is not a resident of Alaska.

Simplified or Special Divorce Procedures
The spouses may "jointly" petition the court for a "Dissolution of Marriage"on the grounds of Incompatibility of Temperament which has caused the irremediable breakdown of the marriage, under the following conditions:
(1) if there are minor children or the wife is pregnant, the spouses have agreed on the custody, visitation, and support of the child or children.
(2) the spouses have agreed to the distribution of all jointly-owned property (including retirement benefits) and the payment of spousal support, if any.
(3) the spouses have agreed as to the payment of all unpaid obligations incurred by either or both of them, and to the payment of obligations incurred jointly in the future.

The petition for dissolution of marriage may be made by 1 spouse individually if:
(1) the grounds for the dissolution of marriage is the incompatibility of temperament, evidenced by extended separation of the spouses, which has caused the irremediable breakdown of the marriage;
(2) the petitioning spouse has been unable to ascertain the other spouse's position regarding the dissolution of marriage of their marriage, the division of their property, and the division of their obligations, custody, support, and visitation of any child or children, because the whereabouts of the other spouse is unknown to the petitioning spouse, after reasonable efforts to locate the absent spouse;
(3) the other spouse cannot be personally served with process inside or outside the state. Filing for a dissolution of marriage does not preclude filing for a divorce.

Alaska Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Incompatibility of temperament which has caused the irremediable breakdown of the marriage.

Grounds for a Fault based divorce:
(1) Adultery
(2) incurable mental illness and confinement for 18 months
(3) drug abuse
(4) failure to consummate marriage
(5) conviction of a felony
(6) willful desertion of over 1 year
(7) cruel and/or inhuman treatment
(8) personal indignities
(9) habitual drunkenness

NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in , the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

  • An Agreed Divorce , defined by divorce guidelines and divorce laws, is a scenario where the spouses agree on the terms of the divorce such as property distribution, child support, or child custody. Most of our clients (75%) prefer the Agreed Divorce method and both spouses sign the divorce papers and are agreed to the terms of divorce.

  • A Default Divorce , according to the divorce guidelines and divorce laws, is a divorce where the other spouse doesn’t sign the Divorce forms or divorce papers, he/she doesn’t do anything at all with the divorce. They simply default on the case and the spouse who files for divorce gets whatever was asked for in the original paperwork.

 

Divorce Resources
Here are the important divorce resources for :

 

Process to file for Divorce in
There are only three basic procedural steps to a divorce:

  • 1. File Divorce Papers for ( Divorce Forms)
  • 2. Notify Spouse of your filing for divorce in
  • 3. Attend your divorce hearing

 

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Child Custody Laws
Simple Definitions: (source: divorce process in and divorce laws)

  • Visitation is the plan both spouses have on where the children will live and when the children will see the other spouse
  • Legal Custody is the decision ability of the parents in the lives of the children. Such as, where the children will attend school and which church they will go to.
  • Physical Custody pertains to the place where the children will live and which parent they live with.

Child Custody in a shared arrangement, in one form or another, is the preferred method of our divorce customers. If a sole custody arrangement is to be considered, then there is usually a reason agreed upon by both parties that one parent is to have the children. Usually the financial status of a parent is not to be considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody may be awarded according to the best interests of the child.

Child Support Laws
If the parents are unable to agree to an amount of child support, there are guidelines that determine the amount of support based on the Child Support Guidelines. These guideline amounts are presumed to arrive at an amount of support that is in the child's best interest. But, most divorcing spouses agree to a figure on their own, that will work just fine. Also, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a Legal Separation in .

Child Support Calculator
You can calculate your child support in right here.

Court Filing Fees
The Court filing fees are not included in the price of our service. To file for divorce in , fees must usually be paid when you file the divorce forms and divorce papers at your county courthouse. These fees vary between County to County, so it is best to call them and ask what the fees are in your County. Regardless of whether you are going through a divorce service, using a divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in , you will almost always be the one to cover the court fees which is standard procedure.

Divorce Laws for Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property is divided so that both parties agree to the division. The main concern is for both parties to agree to the property division so that it doesn’t create a fight that one party will want to go to a divorce lawyer or divorce attorney to make the case into a Contested Divorce. Then you will have to incur the fees of a lawyer too.

  • Debts Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
  • Alimony Laws ( Spousal Support Laws) In an Uncontested Divorce, Alimony may be awarded to either spouse for their support and maintenance after the divorce. Both parties must agree to it. This is the big change in recent years. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. In the divorce laws for alimony, it is possible for alimony to be paid in a lump sum payment of money or a payment plan. Alimony is not required for a person to get divorced in .

Missing Spouse
If you do not know where your spouse is and cannot locate him/her, after diligent effort, you may still get a divorce in . It may involve the extra expense of running a newspaper ad or something similar. We help you through the process.

Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she wishes. We include this name change in our service for FREE. Divorce in often includes a name change.

 

Divorce Laws and Guidelines