Alaska Divorce Laws: Residency, Waiting Period, Custody and Support
Alaska divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Alaska
- Residency requirement
- Either you or your spouse may file to end the marriage in Alaska as long as one of you is an Alaska resident. You are generally a resident if you are in Alaska when you file and plan to stay. Alaska Court System Family Law Self-Help Center, Start a Divorce or Dissolution Case
- Waiting period
- Generally, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final decree. Alaska Court System Family Law Self-Help Center, Start a Divorce or Dissolution Case
- Dividing property
- Alaska divides property acquired during the marriage, including retirement benefits, in a just manner without regard to fault. Alaska Stat. § 25.24.160(a)(4), (e)
- Filing fee
- The fee to open a divorce, dissolution, custody, or paternity case is $250 (effective May 1, 2023). A motion to modify custody, visitation, support, spousal maintenance, or property division costs $75 when the parties do not agree, and is free when both agree. Alaska Court System, Filing Fees & Fee Waiver (Administrative Rule 9)
- When child support ends
- The age of majority in Alaska is 18. A court can also order support for an unmarried 18-year-old child who is actively pursuing a high school diploma (or an equivalent level of technical or vocational training) and living as a dependent with a parent, guardian or the parent's designee. Alaska Stat. §§ 25.20.010, 25.24.140(a)(3), 25.24.170(a)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | Either you or your spouse may file to end the marriage in Alaska as long as one of you is an Alaska resident. You are generally a resident if you are in Alaska when you file and plan to stay. A service member continuously stationed at an Alaska base for at least 30 days counts as a resident for filing. For the court to make a custody order, the children generally need to have lived in Alaska for six months before the case starts. |
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| Grounds for divorce | Alaska allows divorce for incompatibility of temperament (a no-fault ground). Fault grounds also exist, including adultery, conviction of a felony, willful desertion for one year, cruel and inhuman treatment or personal indignities, habitual gross drunkenness for one year, incurable mental illness with at least 18 months of confinement, drug addiction after marriage, and failure to consummate the marriage. Re-verified 2026-10-27. Source: Alaska Stat. § 25.24.050 |
| Waiting period | Generally, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final decree. |
| Filing fee | The fee to open a divorce, dissolution, custody, or paternity case is $250 (effective May 1, 2023). A motion to modify custody, visitation, support, spousal maintenance, or property division costs $75 when the parties do not agree, and is free when both agree. You can ask the court to waive the fee by filing Form TF-920, Request for Exemption from Payment of Fees, when you open the case. |
| Uncontested or simplified divorce | Yes. Spouses who agree on all issues can file a dissolution together instead of a divorce. Both must agree on custody, visitation and child support (if there are minor children or a pregnancy), the division of property and debts including retirement benefits, and any spousal maintenance. The court publishes dissolution packets: DR-1 for spouses with minor children and DR-2 for those without. A spouse can also file for dissolution alone when the other spouse cannot be found after reasonable efforts. |
| Divorce forms | The Alaska Court System's Family Law Self-Help Center posts free form packets. Spouses who agree on everything can use a dissolution packet: DR-1 (with minor children), DR-2 (without minor children) or DR-3 (when one spouse cannot be found). For a divorce, packets include SHC-PAC1A Divorce Complaint With Children, SHC-PAC1B Divorce Complaint Without Children, SHC-PAC9A and SHC-PAC9B Uncontested Complaint for Divorce (with or without children) and SHC-PAC9C for an uncontested divorce with no property, no children and a short marriage; SHC-PAC4 and SHC-PAC5 are answer-and-counterclaim packets. The page refers to filing through TrueFiling, the court's electronic filing system. |
Property and alimony
| Dividing property | Alaska divides property acquired during the marriage, including retirement benefits, in a just manner without regard to fault. Property acquired before the marriage is generally kept out, but the court may divide it when balancing the equities requires. Factors include the length of the marriage, age and health, earning capacity, financial condition, conduct (including wasting marital assets), awarding the family home to the parent with primary custody, and how and when the property was acquired. Property held under a community property agreement or trust is divided as is just and equitable. Re-verified 2026-10-27. |
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| Alimony (spousal support) | The court may award spousal maintenance for a limited or indefinite time, in a lump sum or in installments, without regard to fault. An award must fairly allocate the economic effect of the divorce, based on factors including the length of the marriage and the spouses' station in life, age and health, earning capacity (education, skills, time out of the job market, child-care responsibilities), financial condition including health insurance, conduct, and the property division. The statute does not set a duration formula. Re-verified 2026-10-27. Source: Alaska Stat. § 25.24.160(a)(2) |
Children: custody and support
| Child custody | Custody is decided by the child's best interests. Factors include the child's physical, emotional, mental, religious and social needs; each parent's ability and desire to meet them; the child's preference if the child is old enough and capable of forming one; love and affection with each parent; stability and continuity; each parent's willingness to support the child's relationship with the other parent; domestic violence, abuse or neglect; and substance abuse. A parent with a history of domestic violence is presumed not to be awarded sole or joint custody, a presumption that can be overcome only on specific showings. No fixed age is set for the child's preference. Re-verified 2026-10-27. |
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| Emergency and temporary custody | While a divorce is pending, the court can award temporary child support and issue protective orders, including orders protecting a spouse under the domestic violence law and orders directing a spouse to leave the home. Under the interstate custody law, an Alaska court has temporary emergency jurisdiction if the child is in Alaska and has been abandoned, or an emergency order is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Alaska emergency order lasts only for a period the court sets so the person can get an order from that state. Re-verified 2026-10-27. |
| Parenting class or mediation | It depends on the court. Many courts require parents to view the Listen to the Children video, and some also require a special class or workshop. Check with your local court. Separately, a party may ask for mediation within 30 days after a divorce complaint is filed and the court may order it, but not when a domestic violence protective order is in effect. |
| Grandparents' rights | A grandparent may ask the superior court for reasonable visitation if the grandparent has established or tried to establish ongoing personal contact with the child and visitation is in the child's best interest. After a final custody or adoption order, a grandparent may petition only if they did not ask for visitation during that case or circumstances have changed. The court considers any history of child abuse or domestic violence by the grandparent's son or daughter. Re-verified 2026-10-27. Source: Alaska Stat. § 25.20.065 |
Child support
| Child support | Alaska uses a percentage-of-income model set out in Civil Rule 90.3. In primary custody cases, the non-custodial parent's adjusted income is multiplied by 20% for one child, 27% for two, 33% for three, and an extra 3% for each additional child. Separate formulas apply for shared custody (each parent has at least 110 overnights a year), divided and hybrid custody. The minimum order is generally $50 per month. The Child Support Services Division offers an online estimate calculator for primary custody cases. Calculator and forms (DR-305 to DR-308) are linked from https://courts.alaska.gov/shc/family/support.htm |
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| How to apply for child support | The state agency is the Child Support Enforcement Division (CSED) of the Alaska Department of Revenue (formerly called the Child Support Services Division). The Alaska Court System's self-help center says to go to the CSED Client Portal to learn about services and file an application. A federally required $35 annual fee is taken from support payments on cases where the family has never received cash assistance and the parent receiving support got $550 or more during the federal fiscal year (October 1 to September 30). CSED Client Portal: https://acsess.childsupport.alaska.gov/clientportal/; fee page: https://childsupport.alaska.gov/child-support-enforcement/information/annual-fee-information. CSED customer service: 907-269-6900. |
| When child support ends | The age of majority in Alaska is 18. A court can also order support for an unmarried 18-year-old child who is actively pursuing a high school diploma (or an equivalent level of technical or vocational training) and living as a dependent with a parent, guardian or the parent's designee. Age of majority: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=25.20.010&secEnd=25.20.010 Re-verified 2026-10-27. |
| Changing a child support order | A final child support order can be changed on a showing of a material change of circumstances. A material change is presumed if support calculated under the guidelines is more than 15% higher or lower than the current order; a change in the parenting plan between primary and shared custody can also qualify. Support cannot be lowered retroactively; a change can take effect from the date the motion (or CSED's notice of petition) is served. To ask the court, file a Motion to Modify packet (SHC-PAC12 or DR-700); the filing fee is $75, and if CSED collects the support you must also serve the Attorney General's Office. CSED can also review an order on request, not more than once every three years, and can modify orders it issued. Rule 90.3: https://courts.alaska.gov/rules/docs/civ90-3.pdf; CSED review: https://courts.alaska.gov/shc/family/supportfaq.htm |
| If child support isn't paid | CSED says it sends withholding orders for wages and property, can take all or part of a parent's Alaska Permanent Fund Dividend when support is past due, can ask the federal government to send it a parent's federal tax refund, can place liens on property (including on payments to a self-employed parent's business), and can revoke state occupational and driver's licenses. Past-due support also carries interest. All support orders must contain an income withholding order. |
| State child support agency | The Alaska Department of Revenue, Child Support Enforcement Division (CSED) is the state child support agency; its mission is to collect and disburse child support payments. Parents use the CSED Client Portal to view case information and make payments (myAlaska is no longer used for child support), and employers use the Business Portal. CSED Customer Service: 907-269-6900; Employer Hotline: 907-269-6089. |
| Official child support calculator | Alaska child support is set under Civil Rule 90.3 using each parent's income, the number of children, overnights with each parent and the custody type. The Alaska Court System Self-Help Center lists the forms: Child Support Guidelines Affidavit (DR-305, needed in all cases), plus DR-306 (shared custody), DR-307 (divided custody) and DR-308 (hybrid custody) calculation forms. The Child Support Services Division (CSSD/CSED) also offers an online calculator that estimates support for primary custody only; the court page notes that neither the court nor CSED is bound by the calculator's results, and other factors can change the amount. CSSD calculators listed at https://childsupport.alaska.gov/child-support-enforcement/resources |
Separation, annulment, records and marriage
| Legal separation | Yes. One or both spouses may file for legal separation, which the court may grant if there is incompatibility of temperament and staying married protects significant legal, financial, social or religious interests. One spouse must be an Alaska resident when the case starts. A couple may be granted a legal separation only once, and it does not make them unmarried. Re-verified 2026-10-27. |
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| Annulment | Alaska has no court action called an annulment, but a court can declare a marriage void. A marriage is void if it is prohibited because the spouses are closely related, or if one spouse was still married to someone else. A marriage can be declared void for causes existing at the time of the marriage: being under the age of consent without parental consent, unsound mind, consent obtained by fraud or force (unless the spouse later freely lived with the other as a married couple), or failure to consummate. There are no court forms for this case. |
| Common-law marriage | Alaska law requires both a marriage license and a ceremony (solemnization) for a marriage, and a marriage performed in Alaska is not valid without solemnization. The statute does not use the term common-law marriage; it sets the license and solemnization requirement. Re-verified 2026-10-27. Source: Alaska Stat. § 25.05.011 |
| Changing your name after divorce | In a divorce or a case declaring a marriage void, the court can change either spouse's name, and dissolution petitions can ask to restore a prior name. Changing to a name other than a prior name requires a hearing at least 40 days after filing and newspaper notice for four weeks. A separate change-of-name case costs $200. Re-verified 2026-10-27. |
| Divorce records | Most Alaska court files are open to public inspection (some case types are confidential). Request copies of a divorce case file from the records department or clerk of court where the case was filed, in person or by email, fax or mail using the court's request form. Certified copies cost $10 for the first and $3 for each additional certified copy of the same document; plain copies are $5 for the first document and $3 for each additional one. Alaska Vital Records also issues divorce certificates once the court has sent in the registration form (VS-401), but for 50 years after the divorce, access is limited to the people named on the record, their legal representatives and others who prove a legal right; after 50 years the records are public. Order by mail, fax, in person in Anchorage or Juneau, or online through VitalChek. Vital Records ordering: https://health.alaska.gov/en/services/vital-records-orders/ |
Marriage and name changes
| Getting a marriage license | Marriage licenses are issued by the state's Health Analytics and Vital Records section: apply in person at the Vital Records office in Anchorage or Juneau, at an Alaska court office elsewhere in the state, or by mail. One party files the application at least three days before the license is issued, and both parties make a sworn statement (which may be signed before a notary or postmaster) about names, ages, residences, prior marriages and any relationship; both must be identified to the licensing officer's satisfaction and give Social Security numbers. The Department of Health says the license is available three business days after a completed application is received; the licensing officer may waive the wait for undue hardship. Once issued, the license is valid for 90 days. The application fee is $60, plus a mailing charge if the license is mailed. The signed license must be returned to Vital Records to register the marriage; a certificate of marriage costs $30 more. Statutes: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=25.05.011&secEnd=25.05.171 Re-verified and corrected 2026-10-27. |
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| Minimum marriage age | Each person must be 18 or older, unless a superior court judge grants permission or the person is an active-duty member of the U.S. armed forces. A judge may allow a 16- or 17-year-old to marry after a hearing if the marriage is in the minor's best interest, the other party is no more than three years older, and the parents consent (or are arbitrarily withholding consent, absent, in disagreement, or unfit to decide). No one under 16 may marry. Department of Health summary: https://health.alaska.gov/en/services/marriage-license/ Re-verified 2026-10-27. Source: AS 25.05.011, 25.05.171 |
| Legal name change | A person may bring an action for change of name in the superior court. The court may grant it only if there are sufficient reasons and the change is consistent with the public interest. A person who is in Department of Corrections custody or on probation or parole, is a registered sex offender, or has a pending criminal charge must tell the court and give the required notice, and the court must find the change is not fraudulent, will not obstruct law enforcement and will not interfere with others' rights. The Alaska Court System lists the filing fee as $200. Fee: https://courts.alaska.gov/shc/courtfees.htm Re-verified 2026-10-27. |
Adoption, guardianship and paternity
| Adoption requirements | A married couple together, an unmarried adult, or an unmarried parent may adopt; a married person may adopt alone only in limited cases, such as when the other spouse is the child's parent and consents. Adoptions are filed in the superior court where the petitioner or child lives or where the placing agency is located. Consent is generally required from the mother, a legal father, anyone with legal custody, and the child if 10 or older (unless the court dispenses with it). Consent is not needed from a parent who abandoned the child for at least six months, or who for at least a year significantly failed without justifiable cause to communicate meaningfully with or support a child in someone else's custody. Consent may be withdrawn within 10 days, and after that only with court approval before the decree. The state or a court-designated agency investigates the adoptive home before the hearing unless an exception applies. The Alaska Court System lists the adoption filing fee as $100: https://courts.alaska.gov/shc/courtfees.htm Re-verified 2026-10-27. |
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| Stepparent adoption | A married person may adopt without the spouse joining when the spouse is the child's parent and consents. Unless the court directs otherwise, no home investigation and report is required when a stepparent is the petitioner, and notice to the state department is not required. The other parent's consent is needed unless an exception applies, such as abandonment for six months or failing for at least a year, without justifiable cause, to communicate meaningfully with or support the child. Re-verified 2026-10-27. |
| Guardianship of a child | The superior court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or a prior court order. Notice of the hearing goes to the minor (if 14 or older), the person who cared for the child during the previous 60 days, and each living parent. The court makes the appointment if a qualified person seeks it, the notices were given and the appointment serves the minor's welfare and best interests. A guardian named in a parent's will generally has priority. The Alaska Court System lists the guardianship filing fee as $150: https://courts.alaska.gov/shc/courtfees.htm Re-verified 2026-10-27. Source: AS 13.26.132, 13.26.147 |
| Guardianship of an adult | Any person may petition the superior court for a finding of incapacity and appointment of a guardian. An incapacitated person is someone whose ability to receive and evaluate information or communicate decisions is impaired so that he or she cannot provide for essential physical health or safety needs without court-ordered help. The petitioner must prove incapacity by clear and convincing evidence. The court must then consider whether alternatives to guardianship are feasible and adequate; if so, it may dismiss the case and order another form of protection. If the person can handle some but not all functions, only a partial guardian may be appointed; a full guardian is allowed only if the person is totally without capacity and alternatives plus a partial guardianship would not be enough. A person under guardianship keeps all rights not expressly limited by the court. Purpose and definitions: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.26.101&secEnd=13.26.250 Re-verified 2026-10-27. |
| Establishing paternity | Parents of a child born outside marriage can establish paternity by both signing the state acknowledgment of paternity form, which is filed with the Bureau of Vital Statistics; hospitals must offer the form through the early acknowledgment program. A signed acknowledgment is treated as a legal finding of paternity. It may be withdrawn only by the earlier of 60 days after signing or the date a court or administrative proceeding begins to set support for or determine paternity of the child. Paternity can also be decided by a court or tribunal; in a contested case, genetic testing must be ordered on request (unless good cause exists not to), and a result of 95% or higher creates a presumption of paternity. Re-verified 2026-10-27. Source: AS 25.20.050, 25.20.055 |
| Emancipation of a minor | Alaska calls this removal of the disabilities of minority. A minor who is an Alaska resident, at least 16, living apart from his or her parents or guardian, and able to support himself or herself and manage his or her own finances (or the minor's legal custodian) may petition the superior court for removal for limited or general purposes. Each living parent or guardian must consent, but the court can waive consent that is unavailable or unreasonably withheld. After a hearing, the court may grant the petition if those requirements are met. A minor whose disabilities are removed for general purposes has the power of an adult, including control of earnings, choice of residence, suing and being sued and making contracts, except for legal age limits for voting and alcohol. Re-verified 2026-10-27. Source: AS 09.55.590 |
Where to get help in Alaska
Divorce & Family Law FAQ
How long do you have to live in Alaska to file for divorce?
Either you or your spouse may file to end the marriage in Alaska as long as one of you is an Alaska resident. You are generally a resident if you are in Alaska when you file and plan to stay. A service member continuously stationed at an Alaska base for at least 30 days counts as a resident for filing. For the court to make a custody order, the children generally need to have lived in Alaska for six months before the case starts.
Is Alaska a no-fault divorce state?
Alaska allows divorce for incompatibility of temperament (a no-fault ground). Fault grounds also exist, including adultery, conviction of a felony, willful desertion for one year, cruel and inhuman treatment or personal indignities, habitual gross drunkenness for one year, incurable mental illness with at least 18 months of confinement, drug addiction after marriage, and failure to consummate the marriage.
Is there a waiting period for divorce in Alaska?
Generally, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final decree.
How much does it cost to file for divorce in Alaska?
The fee to open a divorce, dissolution, custody, or paternity case is $250 (effective May 1, 2023). A motion to modify custody, visitation, support, spousal maintenance, or property division costs $75 when the parties do not agree, and is free when both agree. You can ask the court to waive the fee by filing Form TF-920, Request for Exemption from Payment of Fees, when you open the case.
How do you get an uncontested divorce in Alaska?
Yes. Spouses who agree on all issues can file a dissolution together instead of a divorce. Both must agree on custody, visitation and child support (if there are minor children or a pregnancy), the division of property and debts including retirement benefits, and any spousal maintenance. The court publishes dissolution packets: DR-1 for spouses with minor children and DR-2 for those without. A spouse can also file for dissolution alone when the other spouse cannot be found after reasonable efforts.
Is Alaska a community property state?
Alaska divides property acquired during the marriage, including retirement benefits, in a just manner without regard to fault. Property acquired before the marriage is generally kept out, but the court may divide it when balancing the equities requires. Factors include the length of the marriage, age and health, earning capacity, financial condition, conduct (including wasting marital assets), awarding the family home to the parent with primary custody, and how and when the property was acquired. Property held under a community property agreement or trust is divided as is just and equitable.
How is alimony decided in Alaska?
The court may award spousal maintenance for a limited or indefinite time, in a lump sum or in installments, without regard to fault. An award must fairly allocate the economic effect of the divorce, based on factors including the length of the marriage and the spouses' station in life, age and health, earning capacity (education, skills, time out of the job market, child-care responsibilities), financial condition including health insurance, conduct, and the property division. The statute does not set a duration formula.
How is child custody decided in Alaska?
Custody is decided by the child's best interests. Factors include the child's physical, emotional, mental, religious and social needs; each parent's ability and desire to meet them; the child's preference if the child is old enough and capable of forming one; love and affection with each parent; stability and continuity; each parent's willingness to support the child's relationship with the other parent; domestic violence, abuse or neglect; and substance abuse. A parent with a history of domestic violence is presumed not to be awarded sole or joint custody, a presumption that can be overcome only on specific showings.
How is child support calculated in Alaska?
Alaska uses a percentage-of-income model set out in Civil Rule 90.3. In primary custody cases, the non-custodial parent's adjusted income is multiplied by 20% for one child, 27% for two, 33% for three, and an extra 3% for each additional child. Separate formulas apply for shared custody (each parent has at least 110 overnights a year), divided and hybrid custody. The minimum order is generally $50 per month. The Child Support Services Division offers an online estimate calculator for primary custody cases.
Do you have to take a parenting class to divorce in Alaska?
It depends on the court. Many courts require parents to view the Listen to the Children video, and some also require a special class or workshop. Check with your local court. Separately, a party may ask for mediation within 30 days after a divorce complaint is filed and the court may order it, but not when a domestic violence protective order is in effect.
Can you get a legal separation in Alaska?
Yes. One or both spouses may file for legal separation, which the court may grant if there is incompatibility of temperament and staying married protects significant legal, financial, social or religious interests. One spouse must be an Alaska resident when the case starts. A couple may be granted a legal separation only once, and it does not make them unmarried.
What are the grounds for annulment in Alaska?
Alaska has no court action called an annulment, but a court can declare a marriage void. A marriage is void if it is prohibited because the spouses are closely related, or if one spouse was still married to someone else. A marriage can be declared void for causes existing at the time of the marriage: being under the age of consent without parental consent, unsound mind, consent obtained by fraud or force (unless the spouse later freely lived with the other as a married couple), or failure to consummate. There are no court forms for this case.
Does Alaska recognize common-law marriage?
Alaska law requires both a marriage license and a ceremony (solemnization) for a marriage, and a marriage performed in Alaska is not valid without solemnization.
Do grandparents have visitation rights in Alaska?
A grandparent may ask the superior court for reasonable visitation if the grandparent has established or tried to establish ongoing personal contact with the child and visitation is in the child's best interest. After a final custody or adoption order, a grandparent may petition only if they did not ask for visitation during that case or circumstances have changed. The court considers any history of child abuse or domestic violence by the grandparent's son or daughter.
How do you change your name back after a divorce in Alaska?
In a divorce or a case declaring a marriage void, the court can change either spouse's name, and dissolution petitions can ask to restore a prior name. Changing to a name other than a prior name requires a hearing at least 40 days after filing and newspaper notice for four weeks. A separate change-of-name case costs $200.
At what age does child support end in Alaska?
The age of majority in Alaska is 18. A court can also order support for an unmarried 18-year-old child who is actively pursuing a high school diploma (or an equivalent level of technical or vocational training) and living as a dependent with a parent, guardian or the parent's designee.
How do I file for child support in Alaska?
The state agency is the Child Support Enforcement Division (CSED) of the Alaska Department of Revenue (formerly called the Child Support Services Division). The Alaska Court System's self-help center says to go to the CSED Client Portal to learn about services and file an application. A federally required $35 annual fee is taken from support payments on cases where the family has never received cash assistance and the parent receiving support got $550 or more during the federal fiscal year (October 1 to September 30).
What happens if you don't pay child support in Alaska?
CSED says it sends withholding orders for wages and property, can take all or part of a parent's Alaska Permanent Fund Dividend when support is past due, can ask the federal government to send it a parent's federal tax refund, can place liens on property (including on payments to a self-employed parent's business), and can revoke state occupational and driver's licenses. Past-due support also carries interest. All support orders must contain an income withholding order.
How do you modify child support in Alaska?
A final child support order can be changed on a showing of a material change of circumstances. A material change is presumed if support calculated under the guidelines is more than 15% higher or lower than the current order; a change in the parenting plan between primary and shared custody can also qualify. Support cannot be lowered retroactively; a change can take effect from the date the motion (or CSED's notice of petition) is served. To ask the court, file a Motion to Modify packet (SHC-PAC12 or DR-700); the filing fee is $75, and if CSED collects the support you must also serve the Attorney General's Office. CSED can also review an order on request, not more than once every three years, and can modify orders it issued.
How do you get emergency custody in Alaska?
While a divorce is pending, the court can award temporary child support and issue protective orders, including orders protecting a spouse under the domestic violence law and orders directing a spouse to leave the home. Under the interstate custody law, an Alaska court has temporary emergency jurisdiction if the child is in Alaska and has been abandoned, or an emergency order is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Alaska emergency order lasts only for a period the court sets so the person can get an order from that state.
Are divorce records public in Alaska, and how do I get a copy?
Most Alaska court files are open to public inspection (some case types are confidential). Request copies of a divorce case file from the records department or clerk of court where the case was filed, in person or by email, fax or mail using the court's request form. Certified copies cost $10 for the first and $3 for each additional certified copy of the same document; plain copies are $5 for the first document and $3 for each additional one. Alaska Vital Records also issues divorce certificates once the court has sent in the registration form (VS-401), but for 50 years after the divorce, access is limited to the people named on the record, their legal representatives and others who prove a legal right; after 50 years the records are public. Order by mail, fax, in person in Anchorage or Juneau, or online through VitalChek.
How do you get a marriage license in Alaska?
Marriage licenses are issued by the state's Health Analytics and Vital Records section: apply in person at the Vital Records office in Anchorage or Juneau, at an Alaska court office elsewhere in the state, or by mail. One party files the application at least three days before the license is issued, and both parties make a sworn statement (which may be signed before a notary or postmaster) about names, ages, residences, prior marriages and any relationship; both must be identified to the licensing officer's satisfaction and give Social Security numbers. The Department of Health says the license is available three business days after a completed application is received; the licensing officer may waive the wait for undue hardship. Once issued, the license is valid for 90 days. The application fee is $60, plus a mailing charge if the license is mailed. The signed license must be returned to Vital Records to register the marriage; a certificate of marriage costs $30 more.
What is the legal age to get married in Alaska?
Each person must be 18 or older, unless a superior court judge grants permission or the person is an active-duty member of the U.S. armed forces. A judge may allow a 16- or 17-year-old to marry after a hearing if the marriage is in the minor's best interest, the other party is no more than three years older, and the parents consent (or are arbitrarily withholding consent, absent, in disagreement, or unfit to decide). No one under 16 may marry.
What are the requirements to adopt a child in Alaska?
A married couple together, an unmarried adult, or an unmarried parent may adopt; a married person may adopt alone only in limited cases, such as when the other spouse is the child's parent and consents. Adoptions are filed in the superior court where the petitioner or child lives or where the placing agency is located. Consent is generally required from the mother, a legal father, anyone with legal custody, and the child if 10 or older (unless the court dispenses with it). Consent is not needed from a parent who abandoned the child for at least six months, or who for at least a year significantly failed without justifiable cause to communicate meaningfully with or support a child in someone else's custody. Consent may be withdrawn within 10 days, and after that only with court approval before the decree. The state or a court-designated agency investigates the adoptive home before the hearing unless an exception applies.
How does stepparent adoption work in Alaska?
A married person may adopt without the spouse joining when the spouse is the child's parent and consents. Unless the court directs otherwise, no home investigation and report is required when a stepparent is the petitioner, and notice to the state department is not required. The other parent's consent is needed unless an exception applies, such as abandonment for six months or failing for at least a year, without justifiable cause, to communicate meaningfully with or support the child.
How do you get guardianship of a child in Alaska?
The superior court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or a prior court order. Notice of the hearing goes to the minor (if 14 or older), the person who cared for the child during the previous 60 days, and each living parent. The court makes the appointment if a qualified person seeks it, the notices were given and the appointment serves the minor's welfare and best interests. A guardian named in a parent's will generally has priority.
How do you get guardianship of an adult in Alaska?
Any person may petition the superior court for a finding of incapacity and appointment of a guardian. An incapacitated person is someone whose ability to receive and evaluate information or communicate decisions is impaired so that he or she cannot provide for essential physical health or safety needs without court-ordered help. The petitioner must prove incapacity by clear and convincing evidence. The court must then consider whether alternatives to guardianship are feasible and adequate; if so, it may dismiss the case and order another form of protection. If the person can handle some but not all functions, only a partial guardian may be appointed; a full guardian is allowed only if the person is totally without capacity and alternatives plus a partial guardianship would not be enough. A person under guardianship keeps all rights not expressly limited by the court.
How do you establish paternity in Alaska?
Parents of a child born outside marriage can establish paternity by both signing the state acknowledgment of paternity form, which is filed with the Bureau of Vital Statistics; hospitals must offer the form through the early acknowledgment program. A signed acknowledgment is treated as a legal finding of paternity. It may be withdrawn only by the earlier of 60 days after signing or the date a court or administrative proceeding begins to set support for or determine paternity of the child. Paternity can also be decided by a court or tribunal; in a contested case, genetic testing must be ordered on request (unless good cause exists not to), and a result of 95% or higher creates a presumption of paternity.
How do you legally change your name in Alaska?
A person may bring an action for change of name in the superior court. The court may grant it only if there are sufficient reasons and the change is consistent with the public interest. A person who is in Department of Corrections custody or on probation or parole, is a registered sex offender, or has a pending criminal charge must tell the court and give the required notice, and the court must find the change is not fraudulent, will not obstruct law enforcement and will not interfere with others' rights. The Alaska Court System lists the filing fee as $200.
How does a minor get emancipated in Alaska?
Alaska calls this removal of the disabilities of minority. A minor who is an Alaska resident, at least 16, living apart from his or her parents or guardian, and able to support himself or herself and manage his or her own finances (or the minor's legal custodian) may petition the superior court for removal for limited or general purposes. Each living parent or guardian must consent, but the court can waive consent that is unavailable or unreasonably withheld. After a hearing, the court may grant the petition if those requirements are met. A minor whose disabilities are removed for general purposes has the power of an adult, including control of earnings, choice of residence, suing and being sued and making contracts, except for legal age limits for voting and alcohol.
Where can I get divorce papers and forms in Alaska?
The Alaska Court System's Family Law Self-Help Center posts free form packets. Spouses who agree on everything can use a dissolution packet: DR-1 (with minor children), DR-2 (without minor children) or DR-3 (when one spouse cannot be found). For a divorce, packets include SHC-PAC1A Divorce Complaint With Children, SHC-PAC1B Divorce Complaint Without Children, SHC-PAC9A and SHC-PAC9B Uncontested Complaint for Divorce (with or without children) and SHC-PAC9C for an uncontested divorce with no property, no children and a short marriage; SHC-PAC4 and SHC-PAC5 are answer-and-counterclaim packets. The page refers to filing through TrueFiling, the court's electronic filing system.
Who handles child support in Alaska, and how do I contact them?
The Alaska Department of Revenue, Child Support Enforcement Division (CSED) is the state child support agency; its mission is to collect and disburse child support payments. Parents use the CSED Client Portal to view case information and make payments (myAlaska is no longer used for child support), and employers use the Business Portal. CSED Customer Service: 907-269-6900; Employer Hotline: 907-269-6089.
Is there an official child support calculator in Alaska?
Alaska child support is set under Civil Rule 90.3 using each parent's income, the number of children, overnights with each parent and the custody type. The Alaska Court System Self-Help Center lists the forms: Child Support Guidelines Affidavit (DR-305, needed in all cases), plus DR-306 (shared custody), DR-307 (divided custody) and DR-308 (hybrid custody) calculation forms. The Child Support Services Division (CSSD/CSED) also offers an online calculator that estimates support for primary custody only; the court page notes that neither the court nor CSED is bound by the calculator's results, and other factors can change the amount.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.