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Alaska: Alaska Divorce Forms and Explanations

This is a list of the most commonly filed divorce forms for the state of Alaska. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Alaska, certain forms may or may not be required by the Alaska courts.

Petition for Dissolution of Marriage (no children), DR-100

A couple without children may jointly file a Petition for Dissolution of Marriage, which asks the court to end the marriage on grounds of irredeemable breakdown and spells out the terms and conditions of the marital settlement of assets and liabilities.

Petition for Dissolution (with children), DR-105 or DR-105 FBKS

A couple with children may jointly file a Petition for Dissolution of Marriage, which asks the court to end the marriage on grounds of irredeemable breakdown and spells out the terms and conditions of the marital settlement of assets and liabilities as well as custody, visitation and child support, if applicable. Couples filing in Fairbanks use the DR-105 FBKS.

Petition for Dissolution of Marriage (one spouse), DR-200

A Petitioner applying for the dissolution of a marriage to a missing spouse files a Petition for Dissolution of Marriage (one spouse), which asks the court to end the marriage on grounds of irredeemable breakdown. The Petition must be verified, notarized and accompanied by a notarized Affidavit of Diligent Inquiry.

Affidavit of Diligent Inquiry, DR-210

The Affidavit of Diligent Inquiry attests to the good-faith efforts of the Petitioner to locate a missing spouse.

Complaint for Divorce, Without Minor Child(ren), SCH-102, or Complaint for Divorce, With Minor Child(ren), SCH-101

The Complaint for Divorce, without or with children as is applicable, states the marriage "no longer works and it is over [because] [i]t is impossible to live together as husband and wife," and it spells out the terms and conditions of the marital settlement of assets and liabilities as well as custody, visitation and child support, if applicable.

Information Sheet, DR-314

The Information Sheet identifies the Plaintiff, Defendant or the Petitioners, their children, if any, and the Social Security numbers of each party in the action.

Summons, CIV-100

The Summons puts the Defendant on notice of the action and gives the Defendent has 20 days after being served to file an Answer. The Defendant also receives a copy of the Complaint and any standing orders normally issued in a divorce. The Summons must be obtained from the Court Clerk.

Appearance and Waiver of Notice of Hearing, DR-110

The Appearance and Waiver of Notice of Hearing may be filed when one spouse agrees to the dissolution and waives his or her rights to appear at the hearing. When the spouses file jointly to dissolve a marriage with children, both spouses normally attend the hearing, but if this is a hardship, the absent spouse must complete an Appearance and Waiver of Hearing, DR-110, in which he or she waives his or her right to appear.

Shared Custody Child Support Calculation, DR-306

The Shared Custody Child Support Calculation, which may be attached to the Petition for Dissolution of Marriage, defines the support each parent pays when each shares custody of the children.

Child Support Guidelines Affidavit, DR-305

The Child Support Guidelines Affidavit provides required financial information to determine child support.

Child Custody Jurisdiction Affidavit, DR-150

The Child Custody Jurisdiction Affidavit shows the court where minor children have lived in the past, so the court can determine that it has jurisdiction (usually at least six months prior to the filing of the Complaint).

Notice to Absent Spouse, DR-220

A Petitioner publishes a Notice to Absent Spouse once a week for four consecutive weeks in a newspaper after he or she has filed and Affidavit of Diligent Inquiry attesting to good-faith efforts to locate a missing spouse. After this, the Petitioner files a Proof of Notice.

Proof of Notice, DR-225

The Petitioner files a Proof of Notice after the Notice to Absent Spouse, and at least 30 days after the last publication, a hearing is held on the action.

Information About CSSD, DR-316

Normally divorcing parents read a two-page pamphlet, Information about CSSD, which describes the workings of the Child Support Services Division, an agency responsible for enforcing child support orders. The couple can then complete an Application for CSSD Services, by which the state agency enforces a support order.

Application for CSSD Services, DR-315

The Child Support Services Division enforces the terms and conditions and collection and distribution of child support after the couple have filed an Application for CSSD Services.

Certificate of Divorce, Dissolution or Annulment, VS-401

The Certificate of Divorce, Dissolution or Annulment records the action for the Bureau of Vital Statistics, and it must be obtained from the court.

Answer and Counterclaim, SHC-117

The Defendent files an Answer and Counterclaim or an Answer and Counterclaim (To Divorce with Children) or Answer and Counterclaim (To Divorce without Children), as itÕs applicable when he or she agrees, disagrees or cannot answer some of the allegations in the Complaint. The Counterclaim is the DefendantÕs prayers for relief -- what he or she asks in the divorce. An Answer and Counterclaim (to Divorce with Children) must include a Child Custody Affidavit and Child Support Guidelines. In all cases, the Answer and Counterclaim includes a certification that the form was either mailed or hand delivered the Plaintiff or his or her lawyer.

Default Application, SHC-400

The Plaintiff may file a motion for a Default 20 days after properly serving the Defendant when he or she does not file an Answer.

Decree

One of four forms is used for a Divorce Decree, depending upon the terms and conditions of property division and the children. They are as follows:

> Divorce with Children and Property (Long form, i.e., property and debt to be divided by the court), Divorce Findings of Fact and Conclusions of Law, SHC-500 and Divorce Judgment and Decree, SHC 510;

> Divorce with Children and Property (Short form, i.e., no property and debt to be divided by the court), Divorce Findings of Fact and Conclusions of Law, SHC-520 and Divorce Judgment and Decree, SHC-525;

> Divorce with Property But No Children (Long form, i.e., property and debt to be divided by the court), Divorce Findings of Fact and Conclusions of Law, SHC-530 and Divorce Judgment and Decree, SHC-535;

> Divorce with Property But No Children (Short form, i.e., no property and debt to be divided by the court), Divorce Findings of Fact and Conclusions of Law, SHC-540 and Divorce Judgment and Decree, SHC-545.

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