The Alaska marital settlement (divorce) agreement form is a legal document that outlines the terms and obligations of married couples who want to end their marriage. This document must contain matters like alimony, child custody, or division of property.
Before you start drafting the marital settlement agreement, you should understand the difference between a contested and an uncontested divorce. Divorce can be contested, which means that spouses cannot reach an agreement on all matters, or uncontested, where every matter is addressed and agreed upon.
Divorce Forms
Divorce forms can be filed in Superior Court in the district where spouses reside. The filing fee ranges from about $250 to $350, and it takes from 30 to 90 days to finalize the agreement.
Divorce Laws and Legal Requirements in Alaska
The divorce laws and legal requirements in Alaska provide important information to married couples about what to expect and how to prepare for the divorce process.
Divorce Laws and Legal Requirements
Alimony: Otherwise known as spousal support, alimony is a certain amount of money that one spouse should pay to the other if needed. Section 25.24.160(2) of the Alaska Statutes provides information on factors that influence the amount of alimony, such as the age of spouses, length of marriage, or financial situation of both parties.
Child support: Section 25.27.060 of the Alaska Statutes states that the court can grant child support considering all important factors like financial status or children’s needs. Also, the guardian will manage the child support on behalf of the children.
Division of property: According to Section 25.24.160(4) of the Alaska Statutes, the court shares all marital property and retirement benefits fairly and without taking into account who is responsible for the divorce. If necessary, the court can even make decisions about assets gained before marriage.
Grounds for divorce: Section 25.24.050 of the Alaska Statutes lists the reasons for divorce to be granted:
Failure to consummate the marriage
Adultery
Felony conviction
Leaving home for at least a year
Abuse
Alcohol or drug addiction
Mental illness
Interim Support: Spouses can request financial assistance or protective measures during the divorce process, as described in Section 25.24.140 of the Alaska Statutes. This includes covering legal fees, spousal maintenance, or restraining orders.
Residency: Section 25.24.080 of the Alaska Statutes states that a spouse who is a resident of Alaska can file for divorce. The minimum amount of time spent living in the state is not specified.
How to File For a Divorce in Alaska in 7 Steps
Filing for divorce in Alaska covers several steps that should be followed to ensure a smooth and complete divorce procedure.
#1. Fill out the Divorce Form
The spouse who wishes to initiate the divorce should first acquire a correct form from a circuit court. There are two complaints for divorce—one for couples with children and the other for couples without children.
If spouses have children, then the complaint must include a parenting plan. A complaint for divorce must include both spouses’ names, current addresses, and telephone numbers. Marriage details should also be included, such as the date of marriage, location, and number of children (if any).
Additionally, brief information should be provided on the reasons for divorce and statements concerning property and debts. This document should be signed by both spouses in the presence of a notary public.
#2. Fill out Additional Court Forms
After a complaint for divorce is finished and signed, additional documents may need to be included. The case description form contains details about the case, and the information sheet provides information about spouses and children.
Next, “Findings of Fact and Conclusion of Law and Decree of Divorce” is a document where only the applicable area should be filled out by spouses, and the rest will be filled out by the court. Spouses will be informed when to sign this document.
Finally, a property and debt list should be provided with estimated values for all items.
#3. File Child Support and Custody Documents
Couples with children must file certain documents along with a complaint for divorce. The first one is the “Child Custody Jurisdiction Affidavit," where information should be provided about parents, children, and matters of custody.
Next is the “Child Support Guidelines Affidavit,” where spouses need to present details of their financial situation that are relevant to establishing child support obligations. Both documents must be signed and notarized.
Additionally, if couples reach an agreement to share custody over children, they have to provide the “Shared Custody Support Calculation” to the court.
#4. File for Divorce
With all the necessary documents gathered, spouses can file for divorce. Two copies should be made of each document and filed with the clerk’s office at the local courthouse. The most recent tax returns may be needed from both spouses.
At this stage, a filing fee must be paid, and if the spouse is unable to pay the fee, then he/she must request a fee waiver. This is done by filing a “Request for Exemption from Payment of Fees and Order,” and the document must be notarized.
#5. Attend the Parenting Program
Spouses with children will have to attend a parenting program, which will help them determine priorities, improve communication with children, or set up a better parenting plan. Before attending, spouses should visit the local courthouse and obtain information about the available programs.
This step is needed in order for the court to be sure that parents are well informed about possible situations concerning children after divorce. The program will help parents improve their knowledge regarding children and potentially learn something new and important.
#6. Go to the Hearing
The court will schedule a divorce hearing at a certain date and inform both parties by mail. Spouses should bring with them any documents that are important for the divorce process. One of the documents that is very important for the process is the divorce settlement agreement.
A settlement agreement should outline terms and obligations for both spouses after divorce. The court will then examine the agreement to make sure that all terms are fair and in accordance with the law.
If everything is in order and no one has made a divorce complaint, then the judge can grant a decree of divorce. Spouses will receive a copy of the decree from the court clerk.
#7. Change Your Name
Spouses who wish to change their names must state so in “Findings of Fact and Conclusions of Law and Decree of Divorce” during the divorce process. After the court grants the divorce decree, the spouse can change their name.
With a decree, the name should be changed on all personal documents, like an ID card, passport, or driver’s license. It is important to inform all relevant institutions, like banks, employers, or utility companies, about the name change as well.
Additionally, family members, friends, and colleagues should be informed of the change. Updating contact information on social media accounts should also be considered.