What Do I Need to Know About Filing Divorce in Alaska with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Alaska Divorce Grounds.
Because Help Yourself Divorce is a no-fault divorce service, your divorce papers will be prepared based on the ground that there has been an “irremediable breakdown of the marriage”. This means you and your spouse agree to file a “no-fault” divorce.
Alaska Residency Requirements.
To file for divorce in Alaska, at least one spouse must be a resident of the state. You do not have to be a resident for a specific period of time (such as 6 months) — you just have to be a resident.
If you are not an Alaska resident, but you are in the miltary and have been stationed at a military base or installation in Alaska for at least 30 days, you can file your divorce in Alaska.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must currently live in Alaska, and must have lived in Alaska for at least six months.
Please note that you may be able to qualify for residency based on other requirements. If you do not fall into one of the above categories, please seek advice from an attorney.
Alaska Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Filing Divorce in Alaska.
Generally you will file your divorce papers in the Alaska county where either you or your spouse live. When you use our service, you will file a joint petition which both spouses must sign.
Serving Your Spouse.
You will not be required to serve your spouse with the divorce papers because you will file a joint petition.
Waiting Period Before Divorce is Finalized in Alaska.
There is a waiting period of 30 days after filing your divorce papers before your divorce can be finalized by the Courts.
Alaska Final Divorce Hearing.
Both spouses will be required to attend a final uncontested divorce hearing. If it would be a significant hardship for one spouse to attend (for example, if one spouse lives in another state and is unable to come to Alaska for the hearing), you may file a form with the court requesting that your appearance be waived. If they agree, you won’t have to attend the final hearing, but you must agree to be available to accept a collect call to answer questions during the hearing if necessary.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.