About divorce forms
When you purchase our Downloadable Divorce Forms for ANY US STATE you will immediately receive the latest, high quality forms, approved and adopted for use in your state's family law courts.
Moreover, you will receive information on completing, filing and serving the documents. There is no waiting, because your forms are available for instant downloading. After you download your document package, you are free to review the information and fill in the forms at your own convenience, and in the privacy of your home or office.
ALL State Approved Divorce Documents include...
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Dissolution of Marriage with Children and Alimony, Custody and Support Issues |
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Dissolution of Marriage without Children and No Support Issues |
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Dissolution of Marriage with Children and Alimony, Custody and Support Issues |
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Domestic Violence Issues: Forms to Issue a Restraining Order |
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Uncontested Forms for all 50 states |
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Name Change Forms |
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| Complete these documents now to avoid paying through the nose later |
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In the Great State of Alaska, all rulings and divorce actions go
through Rule 90.1, which covers dissolution of marriage, divorce, annulment, and legal separation. Rule 90.3 addresses child
support awards. You may be wigged out like many of us were when we first had to do this, but don't despair. It will eventually
get better, the amount of time it takes depending upon circumstances.
Alaska divorce laws provide that in cases where a marriage annulment or marital annulment is sought, and there are children
of the marriage, that those children be afforded the same rights, protections and parental financial support, including that
the children are not considered illegitimate offspring of the parents, that other children of the state receive.
If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the court
may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education
of minor children, by either spouse, or out of the property of either spouse, as the court deemed appropriate.
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Alaska Child Custody
 Alaska
divorce laws require that if you are a parent, you and your soon-to-be-ex will need a parenting
plan agreement for legal separation and divorce. If you cannot complete an agreement on your own, the court will
create one for you, and it may not have be as favorable as one you might put together. Some of the considerations the court
can include when it determines a parenting plan are:
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the physical, emotional, mental, religious, and social needs of your child; |
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the capability and desire of each of you to meet those needs; |
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your child's preference as to custody if the child is old enough and mature enough to form a preference; |
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the love, affection and bonds existing between your child and each of you; |
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how much time the child has lived in a stable, satisfactory environment and the desirability of maintaining
that environment; |
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the desire and ability of you to allow an open, loving and frequent relationship between your child and
each of you; |
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if there is any evidence of domestic violence, child
abuse, or child neglect in your household(s) where child custody has been proposed, or a history of violence between you
two; |
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any evidence that substance abuse by either one of you, or other members
of the household that may have directly affected the emotional or physical well-being of your child; |
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any other factors that the court considers pertinent in determining custody of your
child. Alaska family laws instruct the courts to make decisions in the best interest of the child. |
In Alaska, joint custody is termed shared
custody, and statutes specifically prohibit the preference of one gender over the other. If the court believes shared
custody will promote frequent and continuing contact with each of you, and would be in your child's best interest, the court
may award shared custody. This shared custody award can be legal, physical, or both.
The court in determining whether to award shared custody of a child may consider any of the following:
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your child's preference as to custody if the he/she is is old enough and mature enough to form
a preference; |
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the needs of your child; |
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the stability of the home environment likely to be offered by each of you; |
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the education of your child; |
On occasions where the non-custodial parent spends extended summer vacations with the
children or has the children in his or her extended care at other times, that non-custodial parent can reduce his or her
child support payments by up to 75% for any period in which he or she has extended visitation of over 27 consecutive days
with the child.
Parents may not exercise this without it being provided for in a court order.
The order must specify the amount of the reduction which is allowable if the extended visitation is exercised. Is is advisable
that this be a stated part of the overall divorce agreement to reduce disagreement later. Make sure your lawyer covers this.
Some examples of income for purposes of computing one's total income can be: salaries and wages, commissions, severance pay,
bonuses, profit-sharing, dividends and interest, workers comp and unemployment compensation, pensions, annuities,
capital gains, social security, veterans benefits, military pay and more. Most all forms of cash flow will be considered
income for purposes of calculation child support.
Children as dependents for tax purposes.
The court may grant a noncustodial parent the right to claim a child as a dependent under federal tax laws for a tax year
if the noncustodial parent satisfies the requirements of federal law and was not in arrears at the end of the tax year in
an amount more than four times the monthly obligation.
Do you need to read divorce laws that govern Alaska? Click on the Alaska divorce laws link here.
For parents wishing to apply for child support, they can complete both an application along
with an affidavit of child support payments they have already received, and send the above to The Alaska Child Support Services
Division. ACCS will help put a child support order in place. The Alaska Child Support Services Division 550 W. 7th Ave.,
Suite 310 Anchorage, AK 99501-6699 Fax number: (907) 787-3189
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Alaska Child Support
 If
you think Alaska is wild, wait until you traverse a divorce in this state. Alaska divorce law bases child support calculations
on the "percentage of obligor income", or "Wisconsin Model", a model not without controversy, as it does
not take into consideration the custodial parent's income in any meaningful way. Wait you say?! What about 'her' income?
The answer is: it doesn't matter.
Parents that are divorcing are provided an opportunity to structure and agree to an over all Parenting
Plan and Child Visitation Schedule between themselves, with no court interference. If the parties still
can't agree on the day of the week much less parenting issues are unable to agree, the court will impose its own parenting plan on you. Do your
best to come to agreement with the spouse, because the court's plan just might leave you disappointed.
Alaska child support is intended to provide the child with the standard of living he or she may have enjoyed had there not been a divorce. Alaska
child support obligations end once the child reaches at 18, or age 19 if the child is enrolled in high school or the equivalent,
but not past age 19.
Download Alaska Divorce Forms
Alaska is unique in that it has a pool of funds (Permanent
Fund Dividend) created by oil exploration and revenues that distributes a dividend to residents each year, and the amount
of that dividend is determined by how long one has been a resident of the state. These distributions are often seized by
the state when an arrearage to a child support obligation has occurred. Note that residents who have certain criminal convictions
can be excluded from dividends. In 2008, each qualifying resident received $2,069.00 from this fund.
Alaska divorce laws instruct the court to first determine primary physical custody
and award child support to that parent. The child support calculation will be the adjusted annual income of the non-custodial
parent after deducting certain expenses, and then multiplying that figure by the following percentages:
20% for one child;
27% for
two children;
33% for three children; and
an extra 3% for each additional child.
In cases where the parents each make significant incomes, inequity arises in that the non-custodial parent
can end up paying most or all of the everyday expenses of the children, leaving the custodial parent potentially contributing
much less. Alaska divorce law mandates child support be calculated on net income. In cases where a marriage separation (sometimes
called a marital separation or divorce separation) is petitioned for, Alaska divorce law requires the resolution of all issues
including child support.
Alaska child support is be paid from Adjusted Gross Income, which is the parent's total income from
all sources minus:
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Federal, state, and local income tax; |
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Social Security tax or the equivalent contribution to an alternate plan established
by a public employer, and self-employment tax; |
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Medicare tax; |
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Mandatory union dues; |
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Mandatory contributions to a retirement or pension plan; |
If you have an obligation due, there are a number of channels that will process your payment,
including electronic transfer. If support is due you, you may choose to receive child support payments electronically, which
includes an optional Visa debit card.
To fill out an application for a Visa debit card, click on this link.
To get an idea what child support might be due, access the Alaska
Child Support Calculator.
Waiver of Child Support
An agreement to waive past or future child support, made between an obligor and a person
who is entitled to receive support on behalf of an obligee, is not enforceable unless the agreement is put in writing at
the time the agreement is made; and the agreement is signed at the time it is made by both the obligor and the person acting
for the obligee. In a separation, dissolution, or divorce proceeding, a court may not accept a waiver of support by a custodial
parent without proof that the custodial parent can support the needs of the child adequately.
Health Care Coverage
The court will address coverage of the children's health care needs and require health insurance
for the children if insurance is available to either parent at a reasonable cost. The court will also allocate equally the
cost of insurance between the parties unless the court orders otherwise for good cause. An obligor's child support obligation
will be decreased by the amount of the obligee's portion of health insurance payments ordered by the court and actually paid
by the obligor. An Alaska child support award will be increased by the obligor's portion of health insurance if the obligee
is ordered to, and actually does obtain and pay for insurance.
Are you just starting out with divorce, and need a blueprint, or guidance, on what to do
and NOT do? Things your attorney may not tell you? Is your spouse saying things that threaten your ability to raise your
kids? Peace of mind can only come from knowing the process, what's possible, and what is nonsense talk. One of the best guides
to help you get centered and remain centered is with information provided by a Killer Divorce Attorney and a Top
Marriage Psychologist, who show you exact steps how to become happily divorced.
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Grounds For Divorce
 Your
petition for dissolution of your marriage must declare the appropriate Alaska divorce grounds upon which the dissolution
of marriage is being sought (If you're doing this without a lawyer make sure you get this right). If it
is a no-fault petition, it must be a Petition
for Dissolution of Marriage. If it is based on fault, the petition must
be a Complaint for Divorce. The state of Alaska, like most states, permits either
a husband or wife to pursue a no-fault divorce; however, a petitioner--the person who initiates the divorce--can also file
on specific grounds. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that
which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows: Fault
Grounds for Divorce:
failure
to consummate the marriage,
adultery,
conviction
of a felony,
willful
desertion for a period of one year,
cruel
and inhuman treatment,
habitual
gross drunkenness,
incurable
mental illness, and
Drug
addiction.
 File for divorce using these forms |
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Need
a local Family Lawyer? Don't have a solid referral you can trust?
Marriage Annulment
Marital Annulment
An annulment is a legal procedure that dissolves a couple's marital status by establishing that
a valid marriage never existed. In Alaska, annulment law is a legality which nullifies an already void marriage. The marriage
will be set aside as if it never happened (a nullity), returning the parties back to single status.
Alaska divorce laws provide that in cases where a marriage annulment or marital annulment is sought,
and there are children of the marriage, that those children be afforded the same rights, protections and parental
financial support, including that the children are not considered illegitimate offspring of the parents,
that other children of the state receive. An annulment in Alaska is not the easiest procedure you'll go through. Like a divorce
or separation you'll need to petition the court for a marriage annulment, provide grounds, have your partner served and wait
for a hearing date. Courts require greater proof (more convincing evidence) for annulments than they do for divorces. Grounds
for a marriage annulment are:
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Fraud or Duress- If your spouse has married you by misrepresenting
him or herself, you can file for annulment under Alaska annulment laws |
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Underage Marriage- annulment petitions are accepted from parties that were
part of a marriage involving either being younger than 15 |
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Mental Illness or Incapacity- If your spouse had a mental illness
at the time of the marriage and you do not want to continue living with him or her, you can file for annulment under Alaska
annulment laws, |
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Bigamy or multiple marriages- According to Alaska annulment laws,
if your spouse was already married and entered into another marriage with you, you can get an annulment in Alaska, and |
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Impotency- If your spouse is impotent and you were not aware of this fact
before marriage, Alaska annulment laws permit you to file for annulment. |
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Mediation
Marriage Counseling
 Mediation is a voluntary and confidential process in which a neutral third party facilitator (the mediator) helps a couple discuss
opposing views and negotiate an agreement involving the issues of divorce or dissolution. The couple in mediation create
their own solutions and the mediator does not have any decision making power over the parties.
One of the parties may file a motion requesting mediation for the purpose of achieving a mutually
agreeable settlement. That motion must be filed within 30 days of a filing for a divorce action. The court on its own motion
may order the parties to participate in mediation if it determines that mediation may result in a more satisfactory settlement
between the parties. The court appoints the mediator, and mediation is conducted in conference-style meetings. Both parties
must attend the initial mediation meeting. Should one partner decide to no longer attend mediation after the first mediation
meeting, the family court gets notified, and dissolution proceedings continue.
Less disagreement nearly always means less legal expense. If there is a protective
order (restraining order) in place, they court may not order mediation unless the object of the protection agrees. Marriage
counseling may be recommended if it appears it will provide some sort of benefit.
You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives
or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling,
the next best step would be educating yourself, through reading. This site has a Bookstore
sponsored by Amazon.com, where you can find some fabulous books on just about every consideration surrounding divorce.
Spend some time and a few bucks to help yourself get through this nightmare in one piece.
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Legal Separation
Marriage Separation
 A legal
separation does not restore the parties to the status of unmarried persons, but only modifies their rights and responsibilities
to the extent specified in the decree of separation.
Grounds for legal separation are 1. an incompatibility of temperament exists between the parties
and 2. the continuation of the parties' status as married persons preserves or protects significant legal, financial, social,
or religious interests. If a court finds that the grounds exist, the court may enter
a decree of legal separation. Unless otherwise provided in the decree, provisions for child custody and visitation, child
support, and spousal support included in a decree of legal separation are final orders subject to modification under certain
conditions. If the decree of legal separation includes provisions for division of property and debts of the marriage, the
decree must state whether the division is an interim or final order. A decree of legal separation modifies the parties'
rights and responsibilities as married persons only to the extent specified in the decree of separation.
One files a petition for an Alaska separation from marriage much like they would for a dissolution
of marriage. A legal separation (sometimes referred to as a marital separation) may be granted
by the
court if it finds that incompatibility exists and the continuation of
the parties' status as married persons preserves or protects significant legal, financial, social, or religious interests.
The judge hearing a legal separation case will decide child custody, child support, spousal support and the division of
property and debts. The separation process will not alter the marital status of the parties, and one will need
to petition the court sometime in the future if there is a desire to change it from separation to divorce. A separation
from divorce allows the parties to live separate lives. A legal separation is sometimes pursued when one
of the
parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for
income tax reasons, wants to maintain various insurance coverage's, or do not want to wait the state statutory waiting period
for termination of marital status.
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Waiting Period
No waiting period exists.
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With LegalMatch YOU to choose the best Lawyer for YOUR needs. Choose from pre-screened lawyers interested in YOUR case . |
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Divorce Settlement
Distribution of Assets
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Alaska divorce laws provide for "fair and equitable" division of community property, including debt. In
marriages of short duration, the court may choose to restore the two parties to the financial situation they were at before
marriage. Spouses can and do receive greater than half the community property. Courts consider what is known as the "Merrill
factors" in determining division of community property. Factors include: the parties' age and health; their respective
earning capacities (including educational background and job training); if one spouse quit working to care for children;
their financial conditions (including the availability and cost of health insurance); if one party depleted the marital assets;
and who has primary custody of the couple's children (for purposes of awarding real property). You and
your spouse will reach a property settlement, or the court will do so for you. Fair and equitable means that the court will
divide the marital property between the parties as it deems equitable and just, without regard to fault. Alaska divorce laws
mandate that the court make the division in what it considers a fair way, although that may not mean evenly. Factors the
court will consider in dividing the property include:
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The length of the marriage, |
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The age and health of the parties, |
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The earning capacity of the parties, |
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The financial condition of the parties, |
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The conduct of the parties, including whether there has been an unreasonable depletion
of marital assets, |
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The desirability of awarding the family home, or the right to live in it for a reasonable
period of time to the party with custody of the child, if any, |
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The circumstances and necessities of each party, |
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The time and manner of acquisition of the property in question and |
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The income producing capacity of the property and the value of the property at the time of division. |
Did you come into this marriage owning a house? Concerned about the equity in that house that you brought
into the marriage? Worried that a pre-marital property will become part of a divorce settlement? Here's how it works generally.
What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is
normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation
to your spouse in the divorce.
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Residency Requirement
Alaska divorce laws require that the spouse filing for divorce be a resident of the state. There
is no residency time limit for filing divorce actions.
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How to file for divorce yourself DIY Divorces
Whether or not you decide to file for divorce yourself should depend on the simplicity or complexity of your particular
situation. The rule of thumb is: If you and your spouse can find agreement on all the important issues, and your assets aren't
too complex, you can make the journey Pro Se; that is, without a divorce lawyer charging you for legal advice.
How much does it cost?
In Alaska, the cost of filing the necessary paperwork with the court has a fixed cost of $150. If you cannot afford the
fee, you may be eligible for a fee waiver. Complete Exemption From the Payment of Fees form TF-920 and
submit to the court at the time you file your divorce papers. Your divorce complaint gets held until the exemption gets ruled
on. Check with your court on the timing of getting your summons after that ruling.
Where do you file?
An action for divorce in Alaska is filed in the Superior Court.
Are these filings fees paid up front?
Yes, filing fees are expected to accompany your paperwork for divorce. You may claim a hardship that will get the fees
waived if you qualify. See exemption comments above.
What forms will you need?
You will need the following forms to manage your divorce. A link to buying them can be found on this page, near the top,
in the section entitled Divorce Forms. All of these forms come with the Divorce
Forms Combo Packages listed above.
- Alaska Marital Settlement / Separation Agreement
- Alaska Property Division Worksheets Kit
- Alaska Financial Statement for Divorce
- Alaska Divorce Testimony Worksheet
- Alaska Complaint for Divorce
- Alaska Appearance Consent and Waiver Form Kit
- Alaska Decree of Dissolution of Marriage
What are the steps?
1. Complete the following three (3) forms and file them with the county clerk's office with your $150.00 (or exemption
request):
Petition
for Dissolution of Marriage.
Information
Sheet
Certificate
of Divorce, Dissolution of Marriage or Annulment.
2. Ask the clerk's office for instructions on setting a hearing date.
3. In most cases both spouses must attend the hearing. At the hearing the court will ask a variety of questions to be certain
you both understand all that you are agreeing to.
4. The hearing will conclude, and in all likelihood, you will receive the final divorce decree in the mail in the coming
days. Any instructions by the court must be followed, or your ex may bring you back to court at your expense.
A word on the Settlement Agreement- If there is a place where the process gets bogged down, it is resolving divorce settlement
issues. They must be resolved and agreed to in order to move your DIY filing to a successful conclusion (without legal fees). The
issues are:
Equitable
Distribution of Assets
Equitable
Distribution of Liabilities
A
parenting or co-Parenting Plan
What
the Visitation Agreement terms will
be
Child
Support
Spousal
Support (Alimony)
Counties/boroughs:
| Anchorage |
Haines |
Juneau |
Kenai |
| Kodiak |
North Star |
North Slope |
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Contact your borough court system for guidance on where to file divorce papers.
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