What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Alaska Divorce Records
- What Are the Residency Requirements for Divorce in Alaska?
- What Are the Grounds for Divorce in Alaska?
- How Much Does It Cost to File for Divorce in Alaska?
- How Long Is the Waiting Period for Divorce in Alaska?
- How To File for Divorce in Alaska?
- Are Divorce Records Public in Alaska?
- How To Get Certified Copies of a Divorce Decree in Alaska?
- Divorce Settlement: Is Alaska a 50/50 State?
- FAQs about the Divorce Process in Alaska
Alaska Divorce Records
Alaska has a divorce rate of 3 per 1,000 residents, making it one of the ten states with a significantly high divorce rate in the country. This figure is significantly higher than the national average of 2.4 divorces per 1,000 residents. This indicates that couples in Alaska are more likely to divorce than in most states in the country. Alaska divorce rates can vary based on ethnicity. Among different ethnic groups, African Americans tend to experience higher divorce rates, while Asian couples are generally the least likely to divorce.
Alaska divorce records are created and maintained by the state's Superior Courts. There are two main types of divorce records in Alaska:
- Divorce decree: this is an official document issued by the court after divorce proceedings. It contains details of the divorce settlement, including division of property, custody, and spousal support.
- Divorce certificate: this document confirms the finalization of a divorce
In Alaska, divorce records become public after 50 years from the date of the divorce. Access to these records before the 50-year period is restricted to parties involved and their legal representatives.
What Are the Residency Requirements for Divorce in Alaska?
Before filing for a divorce in Alaska, you must confirm your eligibility to file in the state. Per Alaska's residency requirement, you may file for divorce if you or your spouse is a resident of the state. An individual is a resident if they live in Alaska before filing for a divorce and intend to continue living in Alaska after the divorce is completed.
Note that if your spouse does not live in Alaska, the court may not have jurisdiction over all the matters concerning the case. For example, if your spouse has not lived with you for 6 months during the last 6 years of marriage, the court may lack the jurisdiction to divide your marital property and debt.
What Are the Grounds for Divorce in Alaska?
Divorce in Alaska is either filled as a fault or no-fault divorce:
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Fault divorce: this type of divorce is filled when one of the spouses is considered to be at fault for the marriage breakdown. Fault divorce may be contested (meaning that the parties disagree) and uncontested (meaning that the parties agree). A.S. 25.24.050 outlines several grounds for filing a fault divorce, including:
- Adultery
- Conviction of a felony
- Wilful desertion for one year
- Cruel treatment
- Incurable mental illness
- Addiction to the use of opium, morphine, cocaine, or a similar drug
Generally, the spouse filing a faulty divorce has to prove that the grounds for which they are filing the divorce exist.
- No-fault divorce: this type of divorce does not require a spouse to be at fault before it is filed and granted. No-fault divorce in Alaska is known as a breakdown of marriage due to incompatibility of temperament, and it is less time-consuming than fault divorce.
How Much Does It Cost to File for Divorce in Alaska?
Filling a divorce in a Superior Court in Alaska costs $250. However, the total average cost of the divorce in Alaska may be as high as $10,000, and it generally includes the initial filing fee and the following:
- Attorney fees
- Child support calculations
- Alimony payments
- Joint debts
- Mediation or counseling fees
The total average cost for a divorce in Alaska is slightly higher than the national average of $9,970 but lower than in Pennsylvania and New York, where the average divorce costs are $11,000 and $13,500 respectively.
How Long Is the Waiting Period for Divorce in Alaska?
Generally, after you file for divorce in Alaska, there is a mandatory waiting period of at least 30 days before you can obtain the final judgment signed by the judge. This waiting period allows you and your spouse to review issues concerning the divorce such as division of assets and custody arrangements.
How To File for Divorce in Alaska?
Filing for a divorce in Alaska begins with confirming your eligibility under the state's residency requirements. Once you meet the residency requirements, you can file a divorce document called a complaint or petition. Note that the type of divorce document you file is generally dependent on factors such as:
- Whether you and your spouse have children under the legal age or not
- Whether the divorce is contested or uncontested
You can file for uncontested divorce when you and your spouse agree about issues concerning the divorce, such as:
- Ending the marriage
- Division of property and debt
- Parenting plan
- Child support
- Paternity
To complete the process, you and your spouse must complete, sign, and submit an uncontested divorce form to the Clerk of the Superior Court in your judicial district. If the documents are filed correctly, a judge may finalize the divorce within a month or two of filing the document.
If you and your spouse do not agree on all the issues concerning a divorce, you must file for a contested divorce. The process is straightforward:
- To start your divorce, file a petition alongside all relevant documents required by the court. Make two copies of each document: one for you and one for your spouse
- Pay the required filing fee of $250
- Get two copies of the summons and standing order from the Clerk of the Superior Court where you filed the case
- Prepare the defendant's packet, which includes every document you filed and a copy of the summons and standing order.
- Serve the defendant by a certified mail agency or through a process server. The defendant has 20 days from the date of being served to respond. You can file for a default if the defendant does not respond within the period. If the defendant responds to the petition, the case will move forward, and the court will set a trial date.
Are Divorce Records Public in Alaska?
According to A.S.18.50.310, Alaska divorce records become public records after 50 years from the date of the divorce. Access to Alaska divorce records before 50 years is restricted to the individuals named on the records or their legal representatives, such as an attorney or an official representative with a letter signed and notarized by an individual present on the divorce record.
How To Get Certified Copies of a Divorce Decree in Alaska?
The first step in obtaining certified copies of a divorce decree in Alaska is confirming your eligibility to request access to the record. Per state law, divorce records are made public after 50 years from the date of the divorce. However, parties named on the records or their legal representatives can access the record anytime.
Eligible persons can obtain certified copies of the Alaska divorce decree from the Office of the Clerk of the Superior Court in the judicial district where the divorce was granted. They can do so by visiting the Office of the Clerk or via mail request. The cost of obtaining a certified copy of the divorce decree is $30.
Unlike a divorce certificate, which proves that divorce has taken place between individuals named on a document, a divorce decree contains the court decision and terms of the divorce. To obtain a copy of the divorce certificate, contact the Alaska Health Analytics and Vital Records Office at (907)465-3392.
Divorce Settlement: Is Alaska a 50/50 State?
Division of property and marital debt during a divorce can often cause disputes between spouses. During a divorce proceeding, a court may order one party to transfer some of their real or personal property to the other party to ensure a fair distribution of the financial consequences of the divorce.
Alaska adopts an equitable distribution approach in the division of property between parties in a divorce. This means that the court decides what each party receives based on various factors, including:
- The length of the marriage
- The age and health of the parties
- Both parties' earning capacity
- The parties' financial condition including the availability of health insurance
- The time and manner of buying and receiving the property in question
FAQs about the Divorce Process in Alaska
Here are answers to frequently asked questions about the divorce process in Alaska.
How Do I Modify a Divorce Decree in Alaska
Alaska court system allows you to modify judgments concerning child custody and support and spousal support by taking the following steps:
- File a motion & affidavit to modify custody, visitation, and child support. The motion must include the names of the parties in the divorce, information about their children, the changes sought, and why the court should the court order. There is a $75 filing fee for motions to modify in Alaska.
- Serve the defendant named on the complaint by first-class U.S. mail or hand delivery.
- Attend a scheduled court hearing where a judge will review the matter.
If both parties agree to modify aspects of a divorce decree, they may file a joint motion with the court for free. After reviewing the motion to modify, if the court determines that the circumstances surrounding the divorce judgment have changed, it may approve the modification of parts of the divorce judgment.
How Do I Enforce a Divorce Decree?
If your ex-spouse fails to comply with your divorce decree in Alaska, you must first send a written request to them. The request should ask your ex-spouse to fulfill the court order by a specific date. If they refuse to comply, you must inform the court by filing a motion. The type of motion depends on the specifics of what the court ordered and what your ex-spouse failed to do. A motion to enforce a court order must contain the following:
- What your ex-spouse was ordered to do
- What efforts you took to have your ex-spouse follow the order
- What you want the court to order the opposing party to do specifically
If the court finds your ex-spouse in contempt after reviewing your motion, they can face several consequences, including a fine of up to $5,000, or imprisonment.
What Are the Restrictions to a Divorce Decree in Alaska?
Alaska court rules provide for modifying spousal support and child custody and support when circumstances change. The court rules also allows parties to modify judgments concerning property distribution and debt provided there is evidence justifying the modification.
Can I eFile My Divorce in Alaska?
Although Alaska has an e-filing system, you cannot eFile your divorce. However, you can file your divorce in person or via mail with the Clerk of the Superior Court that handled the case.
How Do You Serve Divorce Papers in Alaska?
Service of divorce papers is the process of delivering a copy of a legal document concerning a divorce to your spouse. The document must be sent to their attorney if they are being represented.
There are strict rules about how to serve different kinds of documents in Alaska. For example, summons and complaints are served to the defendant either by certified mail or by hiring a process server. A process server is a professional trained to deliver legal documents.
Except for summons and complaints, you can serve other court documents related to divorce by first-class U.S. mail or hand delivery.
Does Alaska Mandate Couples to Participate in Divorce Mediation or Counseling?
There is no law mandating couples to participate in divorce mediation in Alaska. However, couples can participate in divorce mediation in two ways: either both parties agree to mediate their dispute, or one party can ask the judge to order mediation in compliance with Alaska's Civil Rule 100. The judge can order mediation if the judge believes that it will result in a more satisfactory settlement between the parties. Before requiring a couple to participate in divorce mediation, the judge must find out if there are instances of domestic violence, as the party perpetrating the act may use intimidation to get what they want during the mediation.
How Do I Seal My Divorce Records in Alaska?
Although Alaska divorce records are made public after 50 years from the date of the divorce, you can still file a motion to seal your divorce record. This motion must be submitted within 90 days after the divorce is finalized. This motion will include your name, the part of the record you want to seal, and why you want the record sealed. Upon review of the motion, if the judge finds your reason for requesting a record to be sealed justifiable, they will grant the motion.
How Does Alaska Calculate Alimony?
In Alaska, alimony, also known as spousal support, is a monthly payment made by one party in a divorce to another. There is no specific formula for calculating spousal support in Alaska and a court may order payment of spousal support before the divorce is final, after the divorce is final, or both.
Alaska family law allows judges to award two kinds of spousal support:
- Rehabilitation support: this is awarded to a party to allow them to acquire a skill or education to improve their earning capacity. This type of support ceases as soon as the skill acquisition is complete.
- Reorientation support: this support helps one party in the divorce get used to living on less money than when they were married. This is paid for a short period, usually a year or less.
In Alaska, several factors are considered when calculating the type, amount, and duration of spousal support that is fair. These factors include:
- The duration of the marriage
- The age and health of the parties
- The earning capacity of each party
- Educational qualifications of each party
- If both parties were employed during the marriage
- Spending habits during the marriage
How Do I Access Historic Divorce Records in Alaska?
Divorce records are an important source of information for individuals researching a family's genealogy in Alaska. As such, they make up part of the state's historic records. Alaska began keeping divorce records in 1913. Historical divorce records from 1913 to 1950 can be accessed from the Superior Court that handled the case.
