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Alaska Simplified Divorce Procedures

The spouses may jointly petition the court for a dissolution of marriage of their 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. They must also have agreed on whether the child support payments should be made through the state child support enforcement agency and on the tax consequences of the agreement regarding 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 and the tax consequences of these payments, if any (the amount of the property distributed to each spouse must be fair and just); and (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; and (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.

Official state forms for obtaining a dissolution of marriage under these provisions may be obtained from the Clerk of any Superior Court, or from the Division of Social Services of the Alaska Department of Health and Social Services. [Alaska Statutes; Sections 25.24.200 to 25.24.260].

Each state has its own unique filing procedure. When filing for divorce in Alaska, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You can visit the Alaska state statutes located at: http://www.touchngo.com/lglcntr/akstats/Statutes/ to learn more about these documents. You will discover that some documents may be provided by the Alaska Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Alaska Laws and the filing requirements.