Uncontested Divorce in Alaska

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Alaska, the largest state in the United States by area has higher divorce rates. The rates for both women and men rank in the top 10 in the nation. Both contested and uncontested procedures are prevalent in Alaska as specified by the state divorce laws. Many couples go for uncontested divorce in Alaska. Such a case is granted by the state courts in all the fifty states in the US. This is a simpler form which is cost-effective and time-saving. Usually, married partners who do not have any disagreements over any issue prefer this process. Sometimes one partner files for an action and the other partner does not disagree; in such conditions it becomes an uncontested case.

A contested action is referred to as 'divorce', and an uncontested action is termed as dissolution in Alaska. The procedures and forms required for divorces and dissolution are varied. In case of dissolution, the divorcing partner who files the action is known as the Petitioner. The divorcing partner who responds is called as the Respondent. In Alaska, the Petitioner has to be a resident of the state in order to get dissolution of marriage. The Petitioner files for action in the Superior Court of the judicial district where the Petitioner resides.

To get a full understanding of the uncontested divorce process in Alaska, you should read the following which presents an overview of the process.

Grounds of divorce for Uncontested Divorce in Alaska

No-fault grounds

  • Irremediable breakdown of the marriage

Fault grounds

  • 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 some necessary 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 Court Clerk. This clerk plans a schedule for a hearing within 30 days from the filing date. It is preferable if both spouses remain present for this hearing, but at least one spouse has to be present. The spouse who is absent has to fill in the Appearance and Waiver of Hearing DR-110.The hearing must be performed in the presence of a Superior Court Master in some courts. This Master makes some recommendations to the judge, following which the Decree is signed by the judge.

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 the form varies. DR-105 consists of another form named DR-306 for those who desire joint custody, DR-308 for 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 taken to locate the spouse who is missing. 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, a Notice to Absent Spouse DR-220 might be issued by the court clerk. It is expected that the petitioner must publish this notice once in a week for a time span of four consecutive weeks. After these four publishing, the petitioner has to file a Proof of Notice DR-225. The court schedules a hearing after a period of minimum thirty days post the last publication.

The petitioner filing for dissolution of marriage who is unable to locate the spouse should also file certain documents along with DR-210 like:

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

We all know that knowledge is power and this power should be utilized in every sphere of life, especially when you are going through a tough phase of your life. Taking a big decision of your life like divorce is not that easy. You have to consider a lot of factors that will determine the course of your life in the future. Besides all these, you must have a good know-how of the specific laws of your state that are relevant in your case. So while going for an uncontested divorce in Alaska, you must be familiar with the process and its requirements.

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