How Do I File for Divorce in Alaska?

Learn about the forms and procedures required to file for divorce in Alaska.

Before You Begin

If you decide to end your marriage, there are certain issues that have to be settled. For example, if you and your spouse have children, you'll have to decide how much time each parent is going to spend with them and how much child support has to be paid. You'll also have to divide your property and debts.

If you and your spouse agree on all the important issues, an Alaska court will grant you a dissolution of marriage, which means that the marriage has ended by mutual agreement. (See AK ST § 25.25.050.)

If you can't agree on all of your divorce-related issues, you may have to proceed to trial. After that, you'll receive a court order for divorce, which means that the marriage has ended and the court had to decide some or all of the issues. Either way, the marriage will be over.

Preparing Your Forms

In order to start the divorce process, you'll need to complete some forms. You can obtain the forms online, from the Alaska Court Systems Online Self-Help Center, but you should double-check with your local court to make sure the judges there will accept them.

Be thorough and complete in responding to the questions. Fill out the forms on a computer if you can. If not, write or print neatly and legibly.

If you and your spouse have minor children or the wife is pregnant:

  • If you and your spouse agree on the divorce, dividing your property and debts, custody and visitation (also known as a "parenting plan"), reclaiming former names instead of using current names, and establishing the paternity of the husband as father of the children, then use Dissolution Packet #1 (DR-1). If you decide to pursue a dissolution, make sure to sign every page of Dissolution Packet #1 (DR-1). If that's not possible, you may use the Uncontested Complaint for Divorce with Children Packet (DR-10 ANCH). It is also strongly recommended that people who will file their papers in Fairbanks and who are in marriages where at least one spouse is a military member use DR-10 ANCH.
  • If you and your spouse disagree about ending the marriage, dividing the property and debts, custody and visitation, child support, reclaiming former names, or disestablishing and establishing paternity, then use the Divorce With Children Complaint Packet (SHC-182).

If you and your spouse do not have minor children and the wife is not pregnant:

  • If you and your spouse agree about ending the marriage, reclaiming former names, and dividing property and debts, then use Dissolution Packet #2 (DR-2). It's important to remember that both parties must sign every page of this dissolution packet. If that isn't possible, you can use the Divorce Complaint Packet (SHC-PAC9B).

Filing Your Forms

When you're ready, make two copies of all documents. Eventually you will give one to the other spouse and keep the other for yourself.

Go to your local courthouse and ask to file the documents. You'll need to pay a fee unless you complete Form TF-920 and the court agrees that the fee should be waived because you can't afford it.

Ask the court clerk to give you two copies of the summons and standing order, then assemble a packet for your spouse that includes everything you filed plus the summons and standing order. Serve your spouse as soon as possible after leaving.

It is possible to file everything with the court by mail, if necessary. Make two copies to keep for yourself, and make sure everything is signed and notarized as required, then mail in all the forms. Send in the filing fee (or Form TF-920) and also include a self-addressed, stamped envelope with adequate postage. The court clerk will use the envelope to return two copies of the summons and standing order to you.

Serving Your Forms

When you've prepared and filed your forms, you should immediately serve your spouse with the documents. Service of process ensures that everyone has notice about what's going on and an opportunity to appear in court and argue their point of view.

If your spouse is pro se (meaning, has not hired a lawyer), then you should serve your spouse at your spouse's last known home address. If your spouse has retained a lawyer, serve the lawyer at the lawyer's office and don't send copies to your spouse.

When you're serving the Summons and Complaints that are included in some of the divorce packets, special service rules apply. You have to serve the Summons and Complaint either by using certified mail, return receipt requested or you must hire a process server. You can't deliver the documents by hand or by regular first class mail.

Virtually all other documents can be served by first class mail or hand delivery.

Different rules may apply if you're trying to serve someone in the military, out-of-state, or in jail. Check the Alaska Court System's Service Guidelines for more advice in these unusual situations.

Financial Disclosures

When the clerk files your documents and returns the summons and standing order to you, take a moment to read them. The standing order is issued at the beginning of every divorce case, and it requires both spouses to fill out a Financial Declaration.

A Financial Declaration is an affidavit, or statement sworn in front of a notary, that details each spouse's finances, from assets and debts, to income and expenses. This information helps everyone understand more about, for example, how much child support should be paid, or whether one spouse should receive alimony. Make sure you are clear, detailed, and candid when you complete this form. It's important to avoid mistakes on your divorce paperwork. File your Financial Declaration with the court and serve it upon your spouse as well.

Additional Resources

If you need extra help or if you just have questions, the State of Alaska holds a number of family law classes and clinics in various communities throughout the state.

If you don't live near one of the communities that hosts these classes and clinics, you're not out of luck. Another good alternative is to call the Family Law Self-Help Center at (907) 264-0851 (statewide) or (866) 279-0851 (toll-free). You can call Monday through Thursday, 7:30 a.m. to 6:00 p.m., Alaska time. The Helpline is staffed by experienced and knowledgeable court employees.

You can also view YouTube videos prepared by the Family Law Self-Help Center. Topics include Divorce and Custody Cases in Alaska, and Hearing and Trial Preparation for Family Law Cases.

Finally, you can find more tips for handling your own divorce in Alaska. If you need legal advice from a professional, you should contact an experienced family law attorney in your area.

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