Learn How to File for Alaska Divorce and What to Expect in Court Before Your Hearing

Are you thinking of applying for a divorce in the State of Alaska? When your relationship with your spouse is not at its best, it can be a traumatic experience. Filing for a divorce can be however worse.

The process can be extremely confusing. Most people have no idea how to start. If your marriage is breaking down and you need to approach the court, knowing how to file a divorce can be of great help.

A divorce is not just emotionally difficult to handle for most people; it can also be a complicated matter because it involves legalities and courts. So before doing anything else, you need to get a lawyer. Please take note that even if you and your soon to be ex-spouse agree to the divorce and the division of assets, it is still a legal process and it is good to consult a lawyer. In many cases, you will absolutely need to do this.

How to File for an Alaska Divorce

Below is a general outline of procedures that are used in obtaining a no-fault divorce. The following steps are all necessary in order to complete your no-fault divorce:

First, you and your spouse must agree to end the marriage and comply with the requirements for a no-fault divorce. Secondly, a Marital Settlement Agreement has to be completed.

What exactly is this document? A Marital Settlement Agreement is a written document that outlines the divorcing spouses’ rights and agreements regarding property, support and the custody of children. All the forms need to be signed by you and your spouse and this needs to be witnessed by a notary public. Only then will it be a legally recognized document.

Once this is done, you must resolve a few issues as outlined in the Marital Settlement Agreement. This involves the following:

•    Division of assets and other property
•    Repayment of debt and money owed to creditors
•    Alimony
•    Child support and custody

Please remember that in a no-fault divorce, the judge will not decide any of these issues for you. These issues need to be solved voluntarily between you and your spouse.

Following this, a financial statement from both the spouses must be completed. After this is done, the Petition or Complaint has to be completed along with the Consent, Appearance and Waiver form.

The next step is to fill out the Child Custody Jurisdiction Form. This is followed by the Final Judgment or Decree.

You must remember that all legal documents must be signed in front of a notary public. Once you ensure that this is done, remember to file the documents at the County Clerk’s office. Then, the Court will decide on the date.

Both you and your spouse need to ensure that the Separation Agreement is complied to.

Even though it is a ‘no-fault’ divorce, you should be prepared to face some questions from the judge. Once happy with the answers, the judge will then state his/her findings and advise you as to the final steps to be taken.

There can be another type of Alaska divorce application and that is for an ‘at-fault’ divorce. This is a far more complicated matter, as both the spouses are raising charges against each other-you should always consult an attorney to file this type of divorce.