Uncontested Divorce Petition Packet

ALASKA UNCONTESTED DIVORCE — DISSOLUTION OF MARRIAGE FILING PACKET

PART 1 — PRE-FILING ELIGIBILITY & WAITING-PERIOD CHECKLIST

☐ Residency / jurisdiction: At least one spouse is present in Alaska with the intent to remain (is domiciled here). Alaska has no minimum durational residency period for a dissolution — you may file once a spouse is an Alaska resident. (AS 25.24.090; AS 25.24.200)
☐ Grounds (no-fault): Incompatibility of temperament has caused the irremediable breakdown of the marriage. (AS 25.24.200(a)(1); AS 25.24.050)
☐ Full agreement: The spouses agree on ALL of the following — otherwise the case is contested and must proceed as a DIVORCE under AS 25.24.010:
☐ Custody and visitation of each minor child (under 19) and child support (AS 25.24.200(a)(2))
☐ Distribution of all real and personal property, retirement benefits, and spousal maintenance, fairly allocating the economic effect of dissolution (AS 25.24.200(a)(3); AS 25.24.160(a)(2),(4))
☐ Payment of all debts, present and future-incurred joint obligations (AS 25.24.200(a)(4))
☐ Ownership of any companion animals, considering the animal's well-being (AS 25.24.200(f))
☐ Waiting period: The court may not hold the hearing or sign the decree until at least 30 days after the petition is filed, unless waived for good cause. (AS 25.24.220)
☐ Court: File in the Superior Court for the judicial district where either spouse resides. (Alaska has a unified court system; there are no county courts.)
☐ Identify whether the case involves: ☐ minor children ☐ wife is pregnant ☐ real property ☐ retirement/QDRO assets ☐ spousal maintenance ☐ companion animals.

Filing-fee estimate: approximately $250 (Superior Court). Fee exemption: Form TF-920 (Request for Exemption from Payment of Fees). Verify the current fee with the Clerk of the Superior Court.

PART 2 — COURT CAPTION (used on all pleadings)

PART 3 — PETITION FOR DISSOLUTION OF MARRIAGE (AS 25.24.210)

1. TYPE OF PETITION

☐ Joint petition — both spouses sign together (AS 25.24.200(a))
☐ Separate petition — petitioning spouse cannot locate or personally serve the other spouse after reasonable efforts (AS 25.24.200(b))

2. RESIDENCY

☐ ☐ Spouse A ☐ Spouse B is a resident of the State of Alaska and intends to remain. (AS 25.24.090; AS 25.24.200)

3. GROUNDS (AS 25.24.200(a)(1); AS 25.24.050)

☐ Incompatibility of temperament has caused the irremediable breakdown of the marriage.

4. MARRIAGE FACTS

• Date of marriage: [__/__/____]
• Place of marriage: [____________________]
• Date of separation (if any): [__/__/____]

5. CHILDREN (AS 25.24.200(a)(2))

☐ There are no unmarried children of the marriage under the age of 19 and the wife is not pregnant.
☐ The wife ☐ is ☐ is not pregnant.
☐ The minor children are:

6. CHILD CUSTODY, VISITATION & SUPPORT (if applicable)

• Legal custody to: ☐ Spouse A ☐ Spouse B ☐ Joint
• Primary physical custody to: ☐ Spouse A ☐ Spouse B ☐ Shared
• Visitation schedule: [________________________________]
• Child support: $[__________]/month, payable by ☐ Spouse A ☐ Spouse B, calculated under Alaska Civil Rule 90.3 ☐ through the Child Support Services Division (CSSD).

7. PROPERTY & DEBTS (AS 25.24.200(a)(3),(4))

☐ The spouses have agreed on the fair and just distribution of all real and personal property, including retirement benefits, taking into account the factors in AS 25.24.160(a)(4).
☐ The spouses have agreed on the payment of all debts and future joint obligations.
☐ See the attached agreement / Part 6 of this packet.

8. SPOUSAL MAINTENANCE (AS 25.24.200(a)(3); AS 25.24.160(a)(2))

☐ Neither spouse will pay maintenance.
☐ [Spouse ____] shall pay [Spouse ____] $[__________]/month for [____] months.

9. COMPANION ANIMALS (AS 25.24.200(f))

☐ Not applicable.
☐ Ownership of [____________________] is awarded to ☐ Spouse A ☐ Spouse B ☐ jointly, considering the animal's well-being.

10. NAME RESTORATION

☐ Restore [Spouse ____] former/maiden name: [________________________________].

11. PETITIONERS REQUEST that the court dissolve the marriage and enter a decree consistent with the agreements above.

Verification (signed before a notary or court clerk authorized to administer oaths):

Spouse A: [________________________________] Date: [__/__/____]
Spouse B: [________________________________] Date: [__/__/____]

PART 4 — APPEARANCE, WAIVER & ACKNOWLEDGMENT (Separate Petitions / Served Spouse) (AS 25.24.200(c))

A spouse personally served with a petition may execute an appearance, waiver of time to answer, and waiver of notice of hearing, including an acknowledgment, signed before an officer authorized to administer an oath, that the spouse:
☐ has read the petition;
☐ assents to the terms on custody, child support, visitation, maintenance, property and retirement division, animal ownership, and allocation of debts;
☐ agrees the conditions required by AS 25.24.200(a) exist;
☐ agrees the petition constitutes the entire agreement of the parties;
☐ understands fully the nature and consequences of the action; and
☐ is not signing under duress or coercion.

Signature of served spouse: [________________________________] Date: [__/__/____]
Notary / Officer: [________________________________]

PART 5 — FINANCIAL DISCLOSURE

☐ Each spouse has fully and fairly disclosed all income, assets, retirement benefits, and debts so the property division and any maintenance fairly allocate the economic effect of dissolution. (AS 25.24.200(a)(3); AS 25.24.160(a)(4))
☐ Child Support Guidelines Affidavit (DR-305 / Civil Rule 90.3) completed and attached (cases with children).
☐ Supporting documents (pay records, account statements, retirement statements) exchanged.

PART 6 — MARITAL SETTLEMENT / PROPERTY AGREEMENT (incorporated into petition)

MARITAL SETTLEMENT AGREEMENT

This Agreement is entered on [__/__/____] by [SPOUSE A] and [SPOUSE B] ("the Parties").

Recitals

1. The Parties were married on [__/__/____] at [____________________] and ☐ have separated on [__/__/____] ☐ remain in the same household.
2. There ☐ are ☐ are no minor children of the marriage.
3. The Parties have made full financial disclosure and intend to settle all issues fairly under AS 25.24.160(a)(2) and (4).

Article 1 — Division of Property

To Spouse A: [____________________________________________________________]
To Spouse B: [____________________________________________________________]

Article 2 — Real Property

☐ The Parties own no real property.
☐ The real property at [________________________________] shall be: ☐ awarded to Spouse A ☐ awarded to Spouse B ☐ sold and net proceeds divided [____]% / [____]%.

Article 3 — Retirement Accounts / QDRO

☐ Each Party retains his/her own retirement accounts.
☐ The [____________________] account shall be divided [____]% / [____]% by Qualified Domestic Relations Order.

Article 4 — Debts

Spouse A assumes and holds Spouse B harmless from: [________________________________]
Spouse B assumes and holds Spouse A harmless from: [________________________________]

Article 5 — Spousal Maintenance (AS 25.24.160(a)(2))

☐ Both Parties waive maintenance. ☐ [Spouse ____] pays [Spouse ____] $[__________]/month for [____] months.

Article 6 — Child Custody, Visitation & Support (AS 25.24.160; Civil Rule 90.3)

• Legal custody: ☐ Joint ☐ Sole to [_________]
• Physical custody: ☐ Shared ☐ Primary to [_________]
• Parenting/visitation schedule: [____________________________________________________________]
• Child support: $[__________]/month per Civil Rule 90.3; health insurance by ☐ Spouse A ☐ Spouse B; uninsured medical shared [____]% / [____]%.

Article 7 — Companion Animals (AS 25.24.200(f))

☐ Not applicable. ☐ [____________________] to ☐ Spouse A ☐ Spouse B ☐ jointly.

Article 8 — Mutual Releases

Each Party releases the other from all claims arising from the marriage except as set forth herein.

Spouse A: [________________________________] Date: [__/__/____]
Spouse B: [________________________________] Date: [__/__/____]

PART 7 — DECREE OF DISSOLUTION OF MARRIAGE (Proposed Order) (AS 25.24.220–.230)

DECREE

At the hearing the court must find that the requirements of AS 25.24.200 and AS 25.24.220 are met. The court orders, adjudges, and decrees:

1. The marriage of [SPOUSE A] and [SPOUSE B] is dissolved, and the Parties are restored to the status of unmarried persons, effective [__/__/____]. (AS 25.24.230)

2. Children / Support: Custody, visitation, and child support are ordered as set forth in the petition/agreement and conform to Alaska Civil Rule 90.3: [________________________________]

3. Property & Debts: Divided as set forth in the petition/agreement.

4. Spousal Maintenance: ☐ None ☐ As stated: [________________________________]

5. Companion Animals: ☐ N/A ☐ As stated: [________________________________]

6. Name Restoration: ☐ Granted: [________________________________].

7. Other Orders: [________________________________]

Date: [__/__/____] Superior Court Judge: [________________________________]

PART 8 — STEP-BY-STEP FILING PROCEDURE

1. Confirm residency — at least one spouse is an Alaska resident (no minimum duration). (AS 25.24.090; AS 25.24.200)
2. Complete the petition: DR-100 (no children) or DR-105 (with minor children / pregnancy). Both spouses sign and notarize a joint petition.
3. Prepare attachments: Marital Settlement / Property agreement; Child Support Guidelines Affidavit (DR-305) and parenting plan if children; Vital Statistics form.
4. File with the Clerk of the Superior Court in the judicial district where either spouse resides; pay ~$250 (or file Form TF-920 for a fee exemption).
5. If a separate petition (AS 25.24.200(b)): serve the other spouse or obtain a signed Appearance, Waiver & Acknowledgment (Part 4); otherwise both joint signatures suffice.
6. Wait the 30-day period under AS 25.24.220 (waivable for good cause).
7. Attend the dissolution hearing (often brief; may be by stipulation/affidavit). The court verifies the agreement is fair and the statutory conditions are met. (AS 25.24.220)
8. Court signs the Decree of Dissolution (Part 7). (AS 25.24.230)
9. Post-decree: record/retitle real estate; process QDROs; set up CSSD wage withholding if applicable; update beneficiaries; obtain certified copies of the decree.

PART 9 — ALASKA COURT FORMS QUICK REFERENCE

SOURCES AND REFERENCES

• Alaska Statutes Title 25, Ch. 24 — Divorce and Dissolution of Marriage — https://www.akleg.gov/basis/statutes.asp#25.24
• AS 25.24.200 (Dissolution — joint/separate petition; incompatibility of temperament) — https://law.justia.com/codes/alaska/title-25/chapter-24/article-2/section-25-24-200/
• AS 25.24.220 (Hearing; 30-day period); AS 25.24.230 (Decree)
• AS 25.24.050 (Grounds); AS 25.24.090 (Residence); AS 25.24.160 (Judgment factors)
• Alaska Civil Rule 90.3 (Child support guidelines)
• Alaska Court System — Family Law Forms — https://courts.alaska.gov/forms

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Do not use this template without professional legal review.