Alaska divorce laws

Where and how to file in Alaska

Who can file (residency)

You or your spouse must be an Alaska resident when you file, which generally means you are in Alaska and plan to stay. There is no minimum number of months. Military members stationed in Alaska for 30 days count as residents. To decide custody, the children usually must have lived in Alaska for 6 months.

Waiting period

Generally you must wait at least 30 days after filing before the judge will sign the final divorce or dissolution decree.

Court

Superior Court

Official forms

Divorce forms (Alaska courts)

Court self-help

Divorce self-help (Alaska courts)

Filing fee

$250 to open a divorce or dissolution case (Administrative Rule 9, effective 5/1/2023)

If you can't afford the fee

File TF-920, Request for Exemption from Payment of Fees, with your papers. The court rules on it (usually within a few days) before your summons is issued. Form and instructions: https://courts.alaska.gov/shc/courtfees.htm

Simpler process for agreed cases

Dissolution: if you and your spouse agree on everything, you file one joint petition together and attend a short hearing (you can ask to appear by phone or waive appearance). If you disagree, one spouse files a divorce complaint.

E-filing

Alaska uses TrueFiling in many courts; check with your local court. You can also file by mail.

Law

AS 25.24.080, AS 25.24.090; Alaska Court System Self-Help Center · Alaska Court System Self-Help Center (Start a divorce or dissolution case)

Divorce in Alaska, step by step

1. Check that you can file in Alaska

   You or your spouse must be an Alaska resident when you file, which generally means you are in Alaska and plan to stay.

2. Get the official forms

   Use the court's official divorce forms: Divorce forms (Alaska courts) Dissolution: if you and your spouse agree on everything, you file one joint petition together and attend a short hearing (you can ask to appear by phone or waive appearance).

3. File the papers and pay the fee, or ask for a waiver

   File with the Superior Court. Filing fee: $250 to open a divorce or dissolution case (Administrative Rule 9, effective 5/1/2023) Can't afford it? File TF-920, Request for Exemption from Payment of Fees, with your papers.

4. Serve your spouse

   In a divorce, your spouse must be served with the summons and complaint by certified mail, restricted delivery, return receipt, or by a process server.

5. Your spouse responds

   20 days after service (40 days if served in a foreign country). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

6. Wait out the waiting period

   Generally you must wait at least 30 days after filing before the judge will sign the final divorce or dissolution decree.

7. Agree, or go to mediation or a hearing

   Not required, but the court offers free mediation in divorces with children and in custody cases; you can ask the court to refer you. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

8. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. An adult's name can be returned to a previous name as part of the divorce or dissolution.

Free tools for Alaska

Pre-set for Alaska. They run in your browser and send nothing.

Divorce timeline estimator for Alaska

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Grounds for divorce in Alaska

No-fault ground

incompatibility of temperament

Fault grounds

Also allowed

Law

AS 25.24.050

Property and debts in Alaska

System

Equitable distribution

The rule

The judge divides marital property and debt fairly, which is not always 50/50. Couples can opt in to community property by a written agreement or trust (Alaska Community Property Act).

Law

AS 25.24.160(a)(4); AS 34.77

Alimony (spousal support) in Alaska

The judge can order spousal maintenance that is "just and necessary," looking at things like length of the marriage, each spouse's age, health, earning ability and the property division. There is no set formula. AS 25.24.160(a)(2). See the court's Spousal Support page: https://courts.alaska.gov/shc/family/spousal.htm

Children: custody and support in Alaska

What Alaska calls custody

custody and visitation (parenting plan)

Parenting class

Not required. The Alaska Court System no longer requires a parent education program in divorce or custody cases; optional classes are listed by the court: https://courts.alaska.gov/shc/family/parent-ed.htm

Child support calculator

Official child support calculator or guidelines

Child support agency

Alaska Child Support Services Division (CSSD)

Serving your spouse in Alaska

How your spouse gets the papers

In a divorce, your spouse must be served with the summons and complaint by certified mail, restricted delivery, return receipt, or by a process server. Email, TrueFiling, first-class mail or handing it over yourself is not allowed. In a dissolution you both sign the petition, so no service is needed.

Time to respond

20 days after service (40 days if served in a foreign country).

Law

Alaska R. Civ. P. 4, 12; Self-Help Center pages Serve the Other Side and Respond

Going back to a former name in Alaska

Yes. An adult's name can be returned to a previous name as part of the divorce or dissolution. Otherwise you need a separate name-change case.

Mediation in Alaska

Not required, but the court offers free mediation in divorces with children and in custody cases; you can ask the court to refer you. If you are a domestic violence victim, you can't be required to mediate: https://courts.alaska.gov/mediation/index.htm

Free help in Alaska

• Family Law Self-Help Center helpline (Alaska Court System) · (907) 264-0851; (866) 279-0851 in Alaska outside Anchorage
• Alaska Legal Services Corporation

Good to know in Alaska

• Alaska has two ways to end a marriage: a joint dissolution if you agree on everything, or a divorce if you don't (Self-Help Center).
• There is no minimum residency time, but the court may not be able to divide property or decide custody if your spouse or children have little connection to Alaska (Self-Help Center).

Divorce checklist for Alaska

Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.

Questions about divorce in Alaska

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