See if you Qualify in Alaska
Online Divorce provides qualitative and approved by the court Alaska divorce papers. The information below will help you understand more about the divorce in Alaska. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Alaska. We guarantee that in a short time you will receive the correct Alaska divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Alaska:
1) In Alaska, there are two basic types of marriage termination: dissolution and divorce. Dissolution of marriage means that you and your spouse are willing to divorce and do not have any disputable issues, in other words this is an uncontested divorce. The second type is a classic divorce and means that you will have to go through a series of legal proceedings to finally terminate your marriage. In any case, the main condition for divorce is that your marriage has legal force. This means that it is absolutely legal.
2) You or your spouse must comply with the rules of residence before filing a lawsuit.
3) You must have grounds for divorce. Basically, these are the fault reasons, on the basis of which the contested divorce is filed. If you want to get an uncontested divorce in Alaska, then you must have no-fault grounds.
4) You must fill in the Alaska divorce papers. Usually this is one of the most difficult steps, as it is necessary to choose exactly those forms that are appropriate for the type of divorce and circumstances (for example, if there are minor children or not in the marriage). Many couples were convinced that Online Divorce is a quick and inexpensive way to get quality divorce form documents. Using our service, you will receive Alaska divorce papers that will be 100% approved by the court, which can reduce the duration of your divorce process. You just need to answer some simple questions, we will do the rest for you: we will select the necessary divorce form documents and fill them in accordance with the requirements of the state.
5) Once you have filled in the Alaska divorce papers, they have to be sued in the county where you want to get a divorce. After that you need to notify your support about the beginning of the divorce, that is, to provide him or her with copies of the divorce form documents that you’ve filed in the court.
If you decide to issue a dissolution / divorce, then you must comply with the rules of residence established by state law. The state bailiff obliges the plaintiff to be a resident of the state, which means that at the time of filing the application you must be on the territory of the state with a serious desire to stay here for further residence.
If you want to file for divorce in Alaska, but are not a resident of the state, then the obligatory condition should be that your spouse must reside in Alaska.
Military divorce in Alaska
If you are a soldier and are on service in Alaska for at least 30 days, then you are considered a resident of the state.
Valid Grounds to get divorce in Alaska
If you want to get a divorce in Alaska, then you must have grounds. Main reasons why a court provides divorce are fault and require you to provide evidence of your husband's guilt to the court. Therefore, in order not to endure all family problems on public display, many couples prefer to make out a divorce in Alaska on the basis of an no-fault grounds. To apply for divorce on the basis of a no-fault grounds in your Alaska divorce papers you just need to indicate that you and your husband have incompatibility of temperaments.
For fault reasons are:
2) Being married your spouse has committed a crime for which he received punishment;
3) Willful desertion for a period of one year;
4) Brutal behavior in the family by the spouse or physical or emotional violence;
5) Complicated mental illness of the spouse because of which he or she is imprisoned in a psychiatric hospital for a period of not less than 18 months;
6) Abuse of alcohol or narcotics, which will last more than 1 year;
7) Failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;
Annulment in Alaska
You can get a divorce in Alaska only on the condition that your marriage is valid. If the marriage was made with violations of state regulations, then it is considered invalid and instead of divorce, the process of annulment takes place. Annulment implies that in fact the marriage never existed. According to the laws of Alaska, unlike many states, there is no formal annulment process, however you can file a petition to a judge with the request to recognize your marriage as invalid, which in principle is similar to annulment. An invalid marriage never existed, as one of the parties had no opportunity to enter into a legal marriage.
To recognize a marriage as invalid, you must comply with at least one of the following statements:
1) during the marriage ceremony, one of the spouses was already married and the marriage was not terminated;
2) during the marriage ceremony, one of the partners was a minor and did not have the permission from the parents or the court to marry;
3) during the marriage ceremony, one of the parties was mentally ill, which did not allow him or her to voluntarily marry;
4) one of the parties used fraud against the other party for marriage;
5) one of the parties forced the other party to marry (under duress);
6) the couple did not have sexual intercourse after the marriage;
Custody of the Child
If a child was born during a marriage, then after the divorce the court must appoint the main guardian and set the visiting hours for the second parent. The main circumstances that the court is guided in making its decision are as follows:
1) The child's needs for physical, religious, social and emotional upbringing;
2) The ability of each parent to meet the above needs;
3) The desire of each parent to take responsibility for the upbringing of the child;
4) Living conditions that were established in the family during the marriage;
5) The willingness of each parent to interact with the second spouse with the child-rearing child and making important decisions in his or her life;
6) The presence of facts of domestic violence;
7) Presence of a predilection for alcoholic beverages or drugs of one of the spouses;
8) Other factors that the court considers important for making a decision.
If you indicate in your Alaska divorce your papers the reason for the rigid treatment or violence by your spouse and the court verifies that this statement is true, then, depending on the severity of the spouse's actions, the court will appoint him or her certain hours of the child's visit, which will be supervised by special bodies .
Rules for child support
After the decision on guardianship was taken the court is also bound to assign the amount of financial support to the child. When divorced in Alaska, courts are based on the net income of a parent who has not received custody. With this calculation, the parent-guardian's income is usually not taken into account.
The amount of financial support is calculated on the basis of the income of the parent of the person who does not have the right to custody after certain payments.
Data on the financial position of the spouses are usually taken from Alaskadivorce papers, so you should specify as accurately as possible your financial situation and the financial situation of your spouse. Sometimes there are situations when the spouse tries to hide his or her real income in order not to pay the amount assigned by the court. This is a very risky situation, since the court has all the necessary tools and can easily obtain information from the tax returns of the spouse.
The following proportion is used to calculate the amount of financial support for children:
1) 1 child - 20%
2) 2 children - 27%
3) 3 children - 30%
+ 3% additional for each subsequent child.
If however a parent who does not receive the right of guardianship has a vacation with the children, then he or she can reduce the amount of financial support for the child by 75%.
One of the most global problems that couples encounter in divorce is the division of common property. The rules on how to divide up property vary from state to state, for example, in some, the rule of equitable division is applied, in some division 50/50. When divorced in Alaska, ownership is divided into a combination of unusual laws: division occurs according to an equitable rule, but the law allows couples to choose rules to comply with rules on common property or trust in community property.
The division of property takes place on the basis of contracts concluded between the spouses. So the couple can decide what property belongs to the general, and which one to separate and formalize it documentarily. Such a contract can be concluded as before or after the registration of marriage.
However, the decision regarding the division of property is taken by the court. If the marriage lasted a long enough period of time then all will apply the rule 50/50. If the marriage was not long, then often the courts are guided by the rule of honest separation. To the division of property also belongs the division of the couple's debts.
The following factors affect the court's decision regarding the division of property (which are commonly referred to as Merrill Factors):
1) Age and health level of each spouse;
2) Duration of the marriage;
3) Education, skills and employment of everyone with elasticity;
4) Financial position of each party;
5) The needs of each spouse;
6) Circumstances and ways how each property was acquired;
Thus, your Alaska divorce papers should contain a detailed description of the marital property, separate property, family debts and assets. Your divorce form documents are the main source of which the court takes information about your marriage.
Rules for Spousal support
After a divorce, one of the spouses has the opportunity to receive financial support from their spouse. In other words, alimony. According to state law, child support is of two types:
Rehabilitation - the amount that is directed at getting a spouse of such an education that will help him or her to find a stable income. Usually the payment of this type of alimony lasts no more than 4 years.
Reorientation support - is a kind of alimony that lasts no more than 1 year, the essence of which is to cover the financial shortage after making a property.
The decision on the amount of alimony is taken by the court after the analysis of Merrill Factors, as well as any other circumstances that the court deems essential.
Also, during the divorce process, you can ask for an extended amount of support from your spouse (file a petition along with your divorce form documents), aimed at covering the costs of divorce
Divorce without a lawyer in Alaska
If you apply for a divorce in Alaska, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Alaska can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
If you are getting a divorce in Alaska and in your case minor children appear, then you and your spouse will have to visit mediators, as well as provide them with all information regarding your children, as well as your financial declarations.
Divorce Forms in Alaska
In Alaska, there are many different divorce form documents. However, which exactly you must sue will depend on your type of divorce, circumstance and county. The state legislature assumes two basic types of divorce - dissolution and divorce. The first type implies that you want to get an uncontested divorce, which by its nature is simpler and faster than the second type - the classic divorce. From what type of divorce in Alaska you choose will depend which papers should be filled. Note that if you file incorrect Alaska divorce papers in court, then they will be rejected and you will have to fill them in again. If you have the opportunity, it will be good to turn for help to a lawyer regarding the choice of correct divorce form documents. However, this is often quite an expensive procedure. Therefore, many couples prefer to use onlinedivorce.com help. Online Divorce will select all the necessary Alaska divorce papers that suit your type of divorce and circumstances, as well as fill them in accordance with state requirements. Divorce in Alaska becomes very simple with the Online Divorce service.
Uncontested Divorce in Alaska
In Alaska, there are two types of divorce: it is contested (divorce) and uncontested (dissolution). If one of the spouses does not agree to divorce, as well as there are disputes about custody of minor children or the division of property, then this is a contested divorce and it will be formalized through a series of court hearings. If both spouses agree to a divorce, they do not have any disputable issues, and the reason for ending the marriage is a no-fault reason, then this is an uncontested divorce or as it is called in Alaska: Dissolution of Marriage, and usually this is a whiter faster way to terminate the marriage.
To be eligible for an uncontested divorce in Alaska, you and your spouse must meet the following requirements:
1) you both agree to terminate your marriage, because you no longer get along with each other and do not want to maintain a marriage relationship;
2) you have already discussed how common property should be shared and formalized your contract in writing form;
3) you discussed the issue of alimony and agreed;
4) if you have a general minor children, you also have to agree on who will be the main custodian;
5) you or your spouse must be residents of the state. If there any children under 18 were born during a marriage, then they are required to reside in the state for 6 months before you file for divorce.
After that you can start filling out the divorce form documents for dissolution. Note that if you make a mistake, your papers will be rejected by the court. If you feel that you can not fill everything yourself, then you can use the help of Online Divorce. We will prepare all necessary divorce form documents as soon as possible. Remember that if you make a mistake in your forms, the court will reject them. Online Divorce gives 100% guarantee that the Alaska divorce papers that are filled through our service will be approved by the court.
How to Serve Divorce Papers in Alaska
Once you register your Alaska divorce papers in court you need to send copies of these documents to your spouse. You can apply in the following ways:
1) hire a private servicer to deliver the documentation;
2) send by mail;
3) hand in hand;
No matter which method is preferable for you, no matter how you transfer the divorce form documents to your spouse, you must provide the court with written proof that the documents have been transferred. If you use mail or a private service, then they will provide you with a receipt stating that the spouse has actually received the documents. If you hand over the documents in person, then your spouse is required to sign a confirmation of receipt.
After your spouse has received copies of the divorce form documents and you have granted it to the court, it is worth waiting for some time before the divorce is formalized.
Filing Fees for divorce in Alaska
Total fees will contain sum of Alaska court filing fees and cost of using the service of online divorce in Alaska. This cost may vary by county. Please check with your local court officer to determine the exact amount.