Get all your forms here and fill them out properly and file them jointly to keep all the paperwork together. Get your finances in order. Detail all the assets property, cars, boats, retirement account, insurance policy, jewelry, etc.
Divorce In Alaska | Womans Divorce
Get out your tax returns to see what your income was and what was owed to the government. Make two copies of everything so each party has their own file. Pay down credit cards if possible - try to make a clean break of it without carrying any debt besides necessities like a car payment or mortgage. Get new separate credit cards to build your own credit rating.
Work out a plan for living arrangements. Try to stay in the family home if you can afford to. This will give the kids a feeling of stability.
The different types of divorce
Whoever is moving out should try and stay nearby if possible so there can be seamless transition as the kids move back and forth from one home to the other. Outline what the custody and visiting plans will be. Get it down on paper and make sure it is workable and able to be updated as circumstances change.
Hire lawyers - one for each of you.
Divorce in Alaska
Even though it is an amicable split, there are a lot of details to be worked out. This can be done at a table instead of in a courtroom.
The attorneys should understand the tone of the dissolution and act accordingly. The idea is to create a contract that everyone can honor. This is not a comprehensive list, but it will certainly get the ball rolling. If you, a friend or a family member is getting a divorce or a dissolution, the important thing is to take care of the kids be respectful of each other.
But it is going take a lot of hard work to do it. An attorney can make that process smoother and less stressful while looking after you and your family's best interests. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process. In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.
Alaska does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Alaska's accepted grounds for divorce. Legal separation otherwise known as "judicial separation" is a legal process that enables spouses to be de facto separated while remaining legally married.
Alaska does not grant judicial separation orders to married couples who wishes to live separately, so a divorce petition should be pursued instead. While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void.
An annulment makes it legally as if a marriage never took place to begin with. Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent by virtue of being underage, due to mental incapacity, or even intoxication , a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.
There are no residency duration requirements in order to sue for a divorce in Alaska.
Alaska Divorce Laws
Any married couple in the state can file for divorce in Alaska court. If the process moves along without holdups, the paperwork for a divorce in Alaska can be processed in a minimum of 30 days.
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However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer. Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Alaska. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time. Alaska permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Alaska.
Alaska has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony. According to the most recent CDC study, the yearly divorce rate in Alaska is 14 per 1, total population. The national divorce rate is 6. Since same-sex marriage was legalized nationwide in , all states that previously did not allow same sex marriages, including Alaska, are required by federal law to perform both same sex marriages and same sex divorces. In some cases, court forms or procedures may still need to be updated to support same sex couples.
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Divorce in Alaska
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