Alaska Divorce: What You Need to Know

Divorce is the legal process that results in the termination of a marriage. In Alaska, both spouses may agree to end their marriage or proceed to court when there are disagreements. To learn how divorce works in Alaska, you need to understand the types of divorce available, the court process, county-level filing details, and how to search for divorce records.

How Does Divorce Work in Alaska?

To file for divorce in Alaska, one of the spouses must be a resident of the state. Divorce cases are typically filed in the Superior Court of the judicial district where at least one spouse resides.

Alaska allows both no-fault and fault-based grounds for divorce. A common reason for divorce in the state is incompatibility, corresponding to Alaska’s no-fault ground. The grounds for fault-based divorce include cruelty, adultery, drug abuse, desertion, habitual drunkenness, conviction of a felony, or mental illness resulting in confinement.

In Alaska, divorce proceedings may vary depending on whether the case is uncontested or contested. An uncontested divorce signifies a divorce where both spouses agree on the division of their property, child custody, and support. It may take a few months to resolve the divorce matter. Contested divorces take more time due to hearings, mediation, and possibly a trial in court.

Types of Divorce in Alaska

Alaska offers several approaches to divorce, such as:

• Uncontested divorce: Both spouses agree on all issues and file together. This method is quick and cheap.
• Contested divorce: Here, the spouses are having disputes and resort to a hearing in a court.
• No-fault divorce: This is based on incompatibility and is a very common ground for divorce in Alaska.
• Fault-baseddivorce: It is required that the plaintiff present proof of misconduct, such as adultery, cruelty, or abandonment.
• Collaborativedivorce: The divorcing spouses employ the services of an attorney or a professional team to resolve the disputes outside court.

Alaska Divorce Court Process and Forms

The Superior Court of Alaska has exclusive jurisdiction over divorces and family-related matters. One of the spouses may file to end their marriage in Alaska as along as either spouse is a resident of the state. The divorce process begins when one spouse files a petition for dissolution of marriage (if both spouses agree) or a complaint for divorce.

The petition is accompanied by the submission of all necessary documents, which include financial disclosure forms, summons, and parenting plans if children are involved. Individuals may find additional information on the Alaska courts' website, which offers self-help centers with step-by-step instructions and online forms.

The plaintiff must serve the other party with a notice of the divorce documents. In uncontested divorces, where both parties agree to end their marriage, they may attend a brief meeting with a judge to review the settlement. In contested divorce cases, when spouses disagree, trials and court meetings are held to resolve disputes. The judge may also suggest mediation as a tool to resolve issues related to children.

Divorcing parents of minor children must complete a parenting education class before their divorce case is finalized by the court. The court finalizes the divorce case when the judge signs a Decree of Divorce (for contested cases) or a Decree of Dissolution (for uncontested cases). This document dissolves the marriage and outlines the terms and conditions for custody, support, and property division.

City- and County-Level Filing Details

Individuals may obtain divorce forms from the Alaska court’s website, but it is advisable to contact the Superior Court clerk’s office in the relevant judicial district. Below are details for some of Alaska’s main Superior Court locations:

• Anchorage (Anchorage County/Third Judicial District):
  • Courthouse: Boney Courthouse, 303 K Street, Anchorage, AK 99501.
  • Services: They offer divorce forms to the public.
• Fairbanks (Fairbanks North Star Borough/Fourth Judicial District):
  • Courthouse: Rabinowitz Courthouse, 101 Lacey Street, Fairbanks, AK 99701.
  • Services: The court offers self-help resources to the public.
• Juneau (Capital City/First Judicial District):
  • Courthouse: Dimond Courthouse, 123 4th Street, Juneau, AK 99801.
  • Services: Aside from the availability of divorce forms, the court also provides telephonic hearings for certain cases.
• Kenai (Kenai Peninsula Borough/Third Judicial District):
  • Courthouse: Kenai Courthouse, 125 Trading Bay Road, Kenai, AK 99611.
  • Services: The clerk’s office provides filing guidance to the public.
• Nome (Nome Census Area/Second Judicial District):
  • Courthouse: Nome Courthouse, 113 Front Street, Nome, AK 99762.
  • Services: Divorce and family-related forms are available at the clerk’s office in the courthouse.

How to Search for Divorce Records in Alaska

Individuals may search for divorce records in Alaska when they:

• Visit the Alaska Department of Health and Social Services (DHSS): They may obtain divorce certificates online through the VitalChek Portal . Alternatively, they may complete the Divorce Certificate Application Formand submit it by mail, fax, or in person at the DHSS offices.
• Online: The Alaska Court System provides a CourtView Portal (CourtView), where anyone may search for divorce case information by name or case number. The portal allows members of the public to access divorce cases from 1990 to the present.
• Visit the clerk’s office: They may view and obtain copies of divorce records from the superior court clerk’s office in the judicial district where the case was initially filed. An individual may use the Alaska Court System’s Directory to find the location of the Superior Court where the divorce case was filed. Certified copies of the divorce decree are available for a fee.

Key Points

• In Alaska, divorce refers to either a dissolution of marriage (when both spouses agree) or a divorce action (when the divorce is contested).
• It is required that one of the spouses resides in Alaska and has the intention of remaining in the state throughout the divorce proceedings.
• Residents of Alaska may choose a no-fault divorce or a fault-based divorce process.
• Uncontested dissolutions are fast and easy to resolve, unlike contested cases, which take considerable time and legal resources.
• Divorcing parents with minor children are required to complete a parenting education class. The judge may order the divorcing couples to adopt mediation in resolving their settlement process.
• In Alaska, divorce records are classified as public records, so individuals may access them through the appropriate channels.