Uncontested Divorce in Alaska

In Alaska, if the filing spouse is a resident of the state, only then this spouse can file for a divorce or dissolution. Contested actions are referred to as divorces and uncontested actions are termed as dissolutions in this state. In case of both these actions, the procedures and forms that are related are varied.

In case of dissolutions, the divorcing partner who files the action is known as the Petitioner. The divorcing partner who responds is called as the Respondent.

Grounds of divorce for Uncontested Divorce in Alaska

No-fault Divorce

• Irremediable breakdown of the marriage due to incompatibility of temperament.

Fault Divorce

• Habitual drunkenness.
• Personal indignities.
• Cruel and / or inhuman treatment.
• Willful desertion for a year.
• Conviction of a felony.
• Failure to consummate the marriage.
• Drug abuse.
• Incurable mental illness and confinement for 18 months.
• Adultery.

Forms associated with Uncontested Divorce in Alaska

When the divorcing partners file jointly for a dissolution that does not involve children, then the following forms must be completed.

• A Certificate of Divorce, Dissolution of marriage or Annulment VS-401.
• An Information Sheet DR-314.
• A Petition for Dissolution of Marriage DR-100.

The above mentioned forms must be filed with the clerk in the court. This clerk schedules a hearing minimum 30 days after the date of filing. It is preferable if both spouses remain present for this hearing, but minimum one spouse must be present. The spouse who is absent has to fill in The Appearance and Waiver of Hearing DR-110.The hearing is performed in the presence of a Superior Court Master in some courts. This Master makes some recommendations to the judge, following which the judge signs the Decree.

If the divorcing partners jointly file for a dissolution that involves children, then they must file a Petition for Dissolution of Marriage DR-105. Depending on the location in this state, this form varies. DR-105 consists of another form named DR-306 for those who desire joint custody, DR-308 for those who want hybrid custody and DR-307 for divided custody.

Some partners file for dissolution as they fail to locate their partner. For such partners, it is essential to file an Affidavit of Diligent Inquiry DR-210. In this affidavit, the partner has to mention the efforts done to locate the missing spouse. Such efforts are inclusive of queries at motor vehicle registration, telephone inquiries, contacting employers, family and friends and searching at the last known address.

When the above mentioned affidavit is filed, the court clerk might issue a Notice to Absent Spouse DR-220. It is expected that for 4 consecutive weeks, the petitioner must publish this notice once in a week. After these 4 publishings, the petitioner has to file a Proof of Notice DR-225. Minimum thirty days after the last publication, the court schedules a hearing.

The petitioner, filing for dissolution of marriage due to a missing spouse, should along with DR-210 also file the following documents.

• Certificate of Divorce, Dissolution or Annulment VS-401.
• An Information Sheet DR-314.
• A Petition for Dissolution of Marriage (one spouse) DR-200.

Divorce Papers