Divorce Checklist for Alaska

Alaska requires that at least one spouse be domiciled in the state at the time of filing under Alaska Statutes Section 25.24.010, but unlike most states, Alaska imposes no minimum residency duration. Domicile means you are physically present in Alaska with the intent to make it your permanent home. Active-duty military personnel stationed at an Alaska base for at least 30 consecutive days also qualify, even if they do not claim Alaska residency. You must file in the Superior Court of the judicial district where either spouse resides. Alaska has four judicial districts: First (Juneau), Second (Barrow), Third (Anchorage), and Fourth (Fairbanks). Gather documentation proving your Alaska domicile, such as a current Alaska driver's license, voter registration card, utility bills, or a lease or mortgage statement showing your Alaska address. If you relocated to Alaska recently, evidence of intent to remain—such as employment records or school enrollment—strengthens your filing.

Alaska law distinguishes between dissolution of marriage and divorce. Under Alaska Statutes Title 25, Chapter 24, a dissolution is an uncontested proceeding in which both spouses agree on all issues—property division, debt allocation, child custody, support, and spousal maintenance—and file jointly. A divorce is a contested proceeding where one spouse files a complaint alone because the couple cannot agree on one or more issues. The no-fault ground for both proceedings is incompatibility of temperament under AS 25.24.050, meaning fundamental personality or values differences that make continuing the marriage unreasonable. Alaska also recognizes seven fault-based grounds, including adultery and failure to consummate. Dissolution is generally faster and less expensive, often finalizing within 30 to 45 days, while contested divorce cases typically take 6 to 18 months depending on court schedules and dispute complexity. Your choice determines which packet of forms you will file.

Before filing, assemble all documents you will need for the divorce or dissolution process. Alaska Civil Rule 26.1 requires mandatory financial disclosure between spouses, and Civil Rule 90.3 requires sworn income statements when children are involved. You will need your certified marriage certificate from the Bureau of Vital Statistics, birth certificates for all minor children, and at least three years of federal and state tax returns. Collect recent pay stubs covering at least six months, W-2 forms, and 1099 statements. Obtain current statements for all bank accounts, retirement accounts (401k, IRA, pension), investment accounts, and real property deeds or mortgage statements. Compile a list of all debts including credit cards, student loans, auto loans, and medical bills with current balances. Having these documents organized before filing prevents delays in completing the mandatory Property and Debt Statement (Form DR-255) and Income and Expense Statement (Form DR-250, now renumbered DR-962).

When a dissolution, divorce, or custody case involves minor children, Alaska courts require both parents to complete an approved parent education program and file a certificate of completion before the court will issue final orders. Under Alaska Statutes 25.24, this requirement applies to all cases regardless of whether the divorce is contested or uncontested. Several approved options exist: the court's free Family Law Education Class (FLEC) via Zoom, which includes the 'Listen 2 Kids About Divorce' video; the 'Listen 2 Kids About Divorce' video online for $15; the 'Children in Between Online' course at online.divorce-education.com for $49.95 (fee waivers available for low-income parents by emailing parentedfeewaiver@akcourts.us); or 'Between Two Homes' at makingtwohomeswork.com for $39.95. Some Alaska courts require both parents to file their certificates simultaneously with the dissolution petition, so complete this step before filing to avoid delays.

If you are experiencing domestic violence or fear for your safety, create a safety plan before filing for divorce. Filing can escalate dangerous situations, and Alaska courts take domestic violence seriously under AS 25.24.150(g), which requires judges to consider a history of domestic violence when making custody determinations. Contact the Alaska Network on Domestic Violence & Sexual Assault (ANDVSA) at https://andvsa.org/ for local shelter referrals and safety planning assistance. The National Domestic Violence Hotline at 1-800-799-7233 provides 24-hour confidential support. You may also file for a protective order under AS 18.66.100 through the Alaska Court System, which can grant temporary custody, exclusive use of the marital home, and no-contact provisions. A protective order can be obtained at no cost and does not require an attorney. Alaska courts will not ordinarily order mediation if there is evidence of domestic violence in the marriage, so you will not be forced into mediation with an abusive spouse.

The Alaska Court System provides specific form packets depending on your situation. For a joint dissolution with children, use Packet DR-1, which includes the Petition for Dissolution of Marriage (Form DR-100 for no children or DR-105 for cases with children), VS-401 Certificate of Divorce/Dissolution/Annulment, DR-475 Parenting Plan, and child support calculation worksheets (DR-305 or DR-306). For a contested divorce with children, use the Divorce Complaint With Children Packet (SHC-PAC1A), which includes the complaint and summons. For an uncontested divorce with children, use Form DR-50; without children, use Form DR-55. Each complaint must state the ground for divorce—most filers use incompatibility of temperament under AS 25.24.050. Complete every form carefully, using black ink if handwriting, and sign before a notary public. Court clerks provide free notary services when you file. Do not leave any section blank; write 'N/A' if a question does not apply.

Alaska Civil Rule 90.1 requires both spouses to file financial documents with the court. Complete the Income and Expense Statement, formerly Form DR-250, now renumbered to DR-962 (available at ak-courts.info/dr962), which requires a sworn statement of all income sources, monthly expenses, and deductions. Also complete the Property and Debt Statement (Form DR-255), listing all marital and separate property with estimated fair market values, and all debts with current balances, designating which spouse proposes to keep each item. Under Civil Rule 90.3, if children are involved, each parent must file a sworn statement of adjusted annual income accompanied by verification documents such as pay stubs and tax returns. All financial statements are signed under penalty of perjury, and you must redact Social Security numbers and provide only partial financial account numbers as required by Civil Rule 90.1(f). Incomplete or inaccurate financial disclosures can result in form rejection or later modification of the decree.

File your completed documents with the Clerk of the Superior Court in the judicial district where either spouse resides. The filing fee is $250.00, payable by check, money order, or credit card depending on the court location. If you cannot afford the fee, file Form TF-920 (Request for Exemption from Payment of Fees) before or simultaneously with your petition, providing proof of income such as pay stubs, a benefits letter, or tax returns showing eligibility. Alaska courts also accept electronic filing through the TrueFiling system at https://courts.alaska.gov/efile/index.htm. When filing a divorce complaint (not a joint dissolution), you must also file a summons, which the clerk will issue. Keep at least two copies of all filed documents—one for your records and one for serving your spouse. The clerk will stamp your documents with the case number and filing date. The 30-day mandatory waiting period under Alaska law begins on the date you file, meaning the court cannot finalize your divorce until at least 30 days after this date.

If you filed a divorce complaint (not a joint dissolution), you must formally serve your spouse with copies of the filed complaint, summons, and all attachments. Under Alaska Rules of Civil Procedure Rule 4, acceptable service methods include: personal delivery by a process server or someone over 18 who is not a party to the case; service by the Alaska State Troopers or a municipal police department; or certified mail with return receipt requested. After service is completed, you must file a Civil Rule 4(f) Affidavit of Service as proof that your spouse received the papers. You have 120 days from the filing date to complete service under Rule 4(e); if you fail to serve within this period without good cause, the court will dismiss your case. The 20-day response deadline for your spouse begins on the date they receive the papers. If your spouse cannot be located, you may request alternate service by filing the Alternate Service Packet (SHC-PAC2) requesting service by publication.

After being served, the respondent has 20 days to file an Answer with the court under Alaska Rules of Civil Procedure. If your spouse was served outside the United States, they have 40 days to respond. The Answer tells the court which parts of the complaint the respondent agrees with and which they dispute. The respondent may also file a Counterclaim using the Answer and Counterclaim packet (DR-830 for divorce with children), which allows them to make their own requests regarding custody, property division, and support. If your spouse fails to respond within the 20-day deadline, you may file an Application for Entry of Default and request a default hearing. At the default hearing, the judge may grant everything you requested in your complaint. However, if your spouse files a late answer, they can move to set aside the default using Motion and Affidavit to Set Aside Entry of Default (SHC-0410). During this waiting period, neither spouse should dispose of marital assets or change beneficiaries on insurance policies.

Both spouses must exchange detailed financial information as required by Alaska Civil Rule 26.1 within 30 days after the respondent files an Answer. Each spouse completes the Civil Rule 26.1 Questionnaire (Form SHC-1010) and provides the Release of Financial and Employment Information (Form SHC-1011) to allow the other spouse to verify income, benefits, and account balances. Unlike the court-filed financial forms, Rule 26.1 disclosures are exchanged directly between the parties—you do not file them with the court. The disclosure must cover all income sources, employment benefits, real property, personal property, retirement accounts, bank accounts, investments, debts, and insurance policies. If your spouse refuses to provide required financial information, you may file a Motion to Compel Rule 26.1 Disclosure asking the court to order compliance. Failure to make complete disclosures can result in sanctions, adverse inferences at trial, or later modification of the divorce decree if hidden assets are discovered.

Either spouse may request court-ordered mediation within 45 days after the respondent files an Answer, or the judge may order mediation at any point during the case. Under Alaska court rules, mediation is strongly encouraged as an alternative to trial for resolving disputes about property division, child custody, visitation schedules, and support. To request mediation, file a Request for Mediation (Form MED-405). The Alaska Court System offers free or reduced-cost mediation through its mediation program. During mediation, a neutral third party helps both spouses negotiate a settlement agreement. If mediation succeeds, the mediator's agreement is incorporated into your final decree. Courts will not ordinarily order mediation when there is evidence of domestic violence in the marriage under AS 25.24.150(g). If mediation fails or is waived, the case proceeds to trial preparation, including filing a Memorandum to Set Civil Case for Trial (Form CIV-200). Free mediation information is available at https://courts.alaska.gov/mediation/.

If you need immediate temporary orders while the divorce is pending, file a Motion and Affidavit for Interim Orders. For cases with children, use Form SHC-1100 (Motion and Affidavit for Interim Orders—With Children), which allows you to request temporary custody, visitation, child support, spousal support, exclusive use of the marital home, return of personal property, payment of debts, and attorney's fees. The court will issue its ruling on the Order on Interim Orders—With Children (Form SHC-1102). For cases without children, use the appropriate interim motion form to address spousal support, property, and debt issues. Interim orders remain in effect until the final divorce decree is entered or the court modifies them. You must serve your spouse with a copy of the motion and provide at least 10 days' notice before the hearing date. The court may schedule a hearing or decide the motion based on the written submissions. Interim orders help prevent financial harm, asset dissipation, or unsafe living situations during the divorce process.

After completing financial disclosure and any mediation, you and your spouse should attempt to negotiate a comprehensive settlement agreement covering property division, debt allocation, spousal maintenance, and (if applicable) child custody, visitation, and support. Alaska follows equitable distribution under AS 25.24.160, meaning the court divides marital property fairly but not necessarily equally, considering factors like marriage length, financial contributions, earning capacity, and each party's future needs. If you reach an agreement, draft a stipulated settlement and file it with the court along with the Findings of Fact and Conclusions of Law and Final Decree of Divorce. If you cannot settle, file a Memorandum to Set Civil Case for Trial (Form CIV-200), and the court will schedule a trial date. Before trial, each party may conduct additional discovery under Civil Rules 26-37, including interrogatories, depositions, and requests for production. Trial preparation includes compiling witness lists, exhibits, and a trial brief summarizing your legal arguments and proposed property division.

Once you have a signed settlement agreement or after the trial concludes, the court schedules a final hearing. In uncontested cases, this hearing is brief—often 15 to 30 minutes—where the judge reviews the agreement, confirms both parties consent voluntarily, and verifies the terms are fair and equitable. You may request to waive the hearing appearance by filing Form DR-110 (Request to Waive Appearance at Hearing) in dissolution cases. The judge will not sign the final decree until at least 30 days after the original filing date, as required by Alaska law. For contested cases that went to trial, the judge issues written Findings of Fact, Conclusions of Law, and the Final Decree of Divorce. Ensure all parent education certificates are filed before this hearing if minor children are involved. The clerk will mail certified copies of the final decree to both parties. You may appeal the decree to the Alaska Supreme Court within 30 days of entry using Notice of Appeal (Form AP-100) if you believe a legal or factual error occurred.