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READ THIS IF YOU HAVE
KIDS!
The custody and visitation law has changed in family cases with any domestic violence between the parents. Under the new law, the parent who committed the domestic violence may not get custody or visitation. However, the parent may get some custody or visitation if he or she meets specific legal requirements. If there is any history of domestic violence in your relationship, you should talk with a lawyer about how this law will impact your case. For more information, please read our FAQs on How Domestic Violence Can Impact Custody Decisions. You can also read the text of the new law on our website. As is the case with any new law, there are likely to be aspects that are open to interpretation. For this reason, you are strongly urged to talk with an attorney if you have any questions. This law went into effect of July 1, 2004 and applies to divorce, dissolution, and custody cases. |
| What forms do I need to file for dissolution, divorce or custody? |
To start a case in court, you must file a document called either a complaint or a petition, and required attachments. The kind of complaint or petition you file will depend on your situation.
The first question is whether or not you have children, so please click on the appropriate link below to see a list of available forms:
- There are minor children
(whether or not there are paternity issues and/or the wife is pregnant)
- There are no minor children
| What if we agree on all issues before filing? |
If you agree, both parties can file uncontested paperwork together which will make the case go much faster. Please read the Uncontested Matters, Agreements and Settlements section for forms and information.
| How much does it cost to open a case? |
Please see our fee information page.
| Can my spouse stop me from getting a divorce? |
No. If you file for divorce and include all the required, properly completed paperwork, your spouse cannot stop you from getting a divorce, even if he or she does not want one.
| Is there a residency requirement to file? |
Divorce and Dissolution
Yes. Either you or your spouse may file for divorce in Alaska as long as the filing spouse is a resident of the state. Generally, you are an Alaska resident for the purposes of filing for divorce if you are in Alaska when you file and intend to stay as a resident. Also, if you don't live in Alaska and were married outside of Alaska, but your spouse is an Alaska resident, you can file for divorce in Alaska.
Child Custody Jurisdiction
In order for the Alaska court to have jurisdiction or authority to decide about child custody, a child normally must have been a resident of the state for at least 6 months before filing the custody case. Otherwise, the court may not have jurisdiction to decide custody issues.
| What is the residency requirement if you're a military member or spouse? |
If you are serving in the military and are continuously stationed at a military base in Alaska for at least 30 days, you are an Alaskan resident for the purposes of filing a divorce case. But think carefully about where you want to file because there are 3 options for a military member or spouse:
Although either spouse may file for divorce in any of the three locations listed above, the laws about divorce and property distribution may be different in each state. You should consult with an attorney to decide where is the best place to file your case.
| What if you don't meet the residency requirement? |
If the court finds that it does not have jurisdiction to hear the case because you don't meet the residency requirement, the case may be dismissed.
Jurisdiction is a very complicated subject and you should talk to an attorney to figure out where is the best place to file your case. If you don't meet the residency requirements to file in Alaska, here are some options:
| Is there a waiting period before a divorce or dissolution is finalized in Alaska? |
Generally, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final divorce decree.
| What if I can’t make the dissolution hearing? |
If you cannot attend the dissolution hearing in person, you have some options.
Ask to participate by telephone
If you and your spouse agree to the telephonic appearance, you can both file the Joint Motion form together that asks the court to allow one or both of you to be on the phone:
If you and your spouse do not agree to the telephonic appearance, you can file the following motion that asks the court to allow you to be on the phone:
You need to provide your spouse with a copy of this Motion and fill out the certificate of service at the bottom. For more information about serving the opposing party, see http://www.state.ak.us/courts/serve.htm.
Ask to waive your appearance
If you cannot be there in person or on the telephone, you can file a form that asks the court to have the hearing without you.
The court may need to call you so the form asks for a phone number to reach you, but this doesn’t mean that the court will call you.
| Does the person filing the complaint have an advantage over the person filing the answer? |
No, there is no advantage to being the person who starts the case. Both parties have the opportunity to file papers which state their viewpoint in the case. The judge will consider what each party says and apply the appropriate legal factors to decide the issues.
| Are there classes that can help me fill out the forms? |
Yes, there are classes in many communities. However, the forms are fairly straightforward, so do not be afraid to try it on your own. If you get stuck, you can always call the Family Law Helpline or consult with an attorney.
| After I have filled out all of the forms, what do I do? |
You are now ready to file in court and get the defendant served:
helpful.
| Can I file by mail? |
Yes, you can mail your papers to the court for filing. You need to include 3 things:
Make 2 copies of all papers before you mail the originals to the court. Keep 1 copy for your records. You will need 1 copy to serve the defendant later after you get the summons and domestic relations procedural order.
Serve the opposing party with:
There are special requirements to serve a complaint and summons.
| After I have properly served the defendant, what do I do? |
You wait. When you receive the proof of service, put it in a safe place. The defendant has 20 days from the date of being served to respond to the complaint. If nothing is filed, you may ask for a default. If the defendant answers, your case will move forward as a contested case and be set for trial.
| Am I required to go to any parenting classes or to see a video? |
It depends. Many courts require that you view the Listen to the Children video, and some courts also require a special class or workshop. Please check with your local court to confirm what is currently required.
| What if I cannot find my spouse? |
If you are married and cannot find your spouse, you can still get divorced BUT ONLY AFTER you have made what is called "diligent inquiry," which means looking really hard for your spouse. After you have completed your diligent inquiry you must submit an affidavit explaining how and where you looked, and ask for permission to serve that missing spouse by publishing notice in a newspaper or posting in certain places.
Your missing spouse may be easier to locate than you think, and you may very well find them after you do your diligent inquiry. Please see our Tips on Locating People for some ideas of how to search for someone. Please note that you will need to try most of these things before the court will allow you to get divorced.
Once you have done your diligent inquiry, you have two options:
| What if the opposing party is outside Alaska but in the United States? |
The same rules for serving someone in Alaska apply. Serve the defendant either with the summons, complaint and other required documents by certified mail/return receipt/restricted delivery OR process server. Please read the information about serving the opposing party.
| What if my spouse is in a foreign country? |
You may still get divorced, but serving your spouse in a foreign country has special requirements. Please read our information on how to serve someone in a foreign country.
| What if my spouse is in the military? |
If your spouse is in the military and on active duty, he or she is covered
by the Servicemembers Civil Relief Act, Public
Law 108-189.
This means that you cannot default an active duty soldier in a divorce or custody case for not answering a complaint.
Congress passed this law to protect military service members from worrying about civil court actions while they are on active duty. Service members may postpone or suspend certain civil obligations so they can devote full attention to duty. There are numerous protections and if this act might apply in your case, you are urged to contact your legal assistance office to learn more.
| What if my spouse is in jail in Alaska? |
If the defendant is in an Alaska prison, there is a special way to serve him or her.
, fill out the top half through paragraph cThe shift supervisor should deliver the documents to the defendant and fill out the Affidavit of Proof of Service at Jail Facility, CIV 140, and sign in front of a notary and send it back to you.
| What if my spouse is in jail in Arizona? |
The jail facility in Arizona that houses Alaskan inmates is the Red Rock Correctional Center.
To serve the summons, complaint and other required documents, there are 2 ways to serve someone at that facility:
Send by first class US mail (you don't need to use certified mail) to the Sheriffs Office at:
Pinal County Sheriffs Office, Civil Division
PO Box 867
Florence, AZ 85232
the following:
After the Sheriffs Office serves the defendant, they will send you back the Return of Service Affidavit, SHC 193 which you need to prove you served the defendant.
Red Rock Correctional Center
1750 East Arica Road
Elroy, AZ 85231
To find a process server, you will have to search the telephone book Yellow Pages in Arizona or search the Internet or call the Red Rock Correction Center at (520) 464-3800. Provide the process server with:
After the process server serves the defendant, they'll send you back the Return of Service Affidavit, SHC 193 which you need to prove you served the defendant.
Red Rock Correctional Center
1750 East Arica Road
Elroy, AZ 85231
| What if I am not the parent, i.e. a grandparent or other relative? |
If a court case between the parents does not already exist, you can contact the Family Law Self-Help Center to discuss the paperwork to start a custody case, or call an attorney.
If a custody case already exists, you may file a motion to join the case and then a motion asking for whatever it is that you want. Please read our grandparents rights information to understand the process and forms to ask for visitation. There are different legal standards that apply to non-parents generally, as well as to grandparents. Understanding how the law works in these areas can be complicated; you are strongly urged to seek the advice of an attorney before taking legal action.
| What if there has never been a court case and I need to establish or disestablish paternity? |
In most cases you will need to open a court case. Deciding what kind of case to start can be a complicated decision. Therefore, you are urged to get the advice of an attorney or call the Family Law Helpline to find out what options exist for your situation.
| What if I or my spouse wants to file bankruptcy and divorce? |
Filing for bankruptcy and divorce are serious actions. There are important considerations about when you file each of these cases because it can affect the marital property and debts. Also once you file for bankruptcy, usually all other court cases are stayed (stopped) until the bankruptcy case gets sorted out. This doesn't mean that you can't get a divorce or figure out child custody during a bankruptcy case. But it will take some extra work to sort out the bankruptcy issues (property and debt) from your divorce case. You should talk with a bankruptcy attorney to figure out whether and when to file the different cases.
| Rev.
19 November 2009 © Alaska Court System www.state.ak.us/courts |
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