Alaska Divorce Procedures

After the Petitioner files the divorce papers and serves them to the Respondent, the Respondent is offered 20 days to answer the petition. If the Respondent fails to do so, the Petitioner may request a divorce by default. In this state, the divorce procedure has alternatives like annulment and legal separation.

Essential forms as per Alaska Divorce Procedures

As per the divorce procedures in this state, a different set of forms should be filed in varying conditions. Out of these, the condition when there are minor children and / or the wife is pregnant is discussed below.

If the divorcing couple is presently married and do not agree regarding any of the below mentioned issues, then, they have to use SHC-PAC1A, which is a Divorce Complaint Packet.

• Establishing and disestablishing paternity
• Child support
• Parenting plan
• Dividing property and debt
• Taking back a prior name
• Ending the marriage

SHC-PAC1A mentions that the following forms are essential to begin the case.

• DR-314 (Information Sheet)
• DR-305 (Child Support Guidelines Affidavit)
• DR-150 (Child Custody Jurisdiction Affidavit)
• SHC-101 (Divorce Complaint)
• CIV-100 (Summons)

The above mentioned packet also contains the following.

• List of Licensed Process Servers
• SHC-183 (Tips on locating people)
• SHC-180 (The Life of a Case)
• CIV-106 (How to serve a Summons in a Civil Lawsuit)
• SHC-181 (How to Start a Contested Case)
• SHC-182 (Divorce Complaint Instructions)

Alaska Divorce Procedure regarding fees

All court services and proceedings have a fee schedule that is mentioned in Administrative Rule 9. On 1st July 2003, the following fees were made effective.

• Registration of a foreign order – 150 USD
• Probate of estates – 150 USD
• Guardianship – 75 USD
• Domestic Violence Protective Order – 0 USD
• Divorce, Dissolution, Custody or Paternity – 150 USD
• Depositing a Will – 40 USD
• Change of name (child or adult) – 150 USD
• Adoption – 75 USD

If a specific individual does not have money to pay the above mentioned fees, then, such a person can apply for a fee waiver. As per the procedure, this person has to submit TF-920, an Exemption From the Payment of Fees. This form has to be filed along with the complaint and other divorce papers.

After the Judge makes a ruling regarding TF-920, the Summons is dispatched to the Respondent. In the courts of some counties, the Petitioner is automatically issued the Summons after the waiver of fees is ordered while in some counties the Petitioner has to visit the court to procure the Summons.

The general procedure is that the TF-920 is ruled within a few days. If the Petitioner finds that 1 week has passed after filing this document and nothing has happened in this regard, then, the next step is that the Petitioner should call and enquire with the court.

Alaska Divorce Procedure regarding Dissolution Hearing

There are some procedures to be followed if the divorcing partner fails to remain present at the dissolution hearing in person.

Telephonic participation

If both the divorcing partners accede with each other that both would participate on telephone, then both are supposed to file the Joint Motion form. This is inclusive of the following documents.

• SHC-1341 (Order on Motion to appear and testify by telephone)
• SHC-1342 (Joint Motion and Affidavit to appear and testify by telephone)

If both the divorcing partners do not agree with each other to participate on telephone, then one of the partners who wishes to participate on telephone should file the following documents.

• SHC-1341 (Order on Motion to appear and testify by telephone)
• SHC-1340 (Motion and Affidavit to appear and testify by telephone)

Waiver regarding participation

When the divorcing partner realizes that he or she cannot attend the hearing in person or on telephone, this partner should fill the following form.

• DR-110 (Appearance and Waiver of Notice of Hearing)

This form requests the court to conduct the hearing in the absence of the person who has filed the form.

Divorce Papers