Alaska > Statewide > Domestic Relations
Instructions For Dissolution Of Marriage DR-15 - Alaska
| Instructions For Dissolution Of Marriage Form. This is a Alaska form and can be used in Domestic Relations Statewide . |
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DISSOLUTION OF MARRIAGE INSTRUCTIONS FOR HUSBAND AND WIFE FILING TOGETHER WHEN THERE ARE NO MINOR CHILDREN OF THE MARRIAGE Use Packet No. 1 instead of this packet if the wife is pregnant or if there are any children born or adopted during this marriage who are currently under age 19. If a child was conceived or born to the wife while you were married, the husband is the legal father of the child and owes a duty of support, unless the affidavits required by AS 18.50.160(d) are executed, or until the husband's paternity is disestablished by a court or child support enforcement agency. Court staff generally can inform you about court procedures, court rules, court records, and forms. Court staff must remain neutral and impartial. They are not allowed to give legal advice. Court staff cannot: · · · · advise you how statutes and rules apply to your case, tell you whether the documents you prepare properly present your case, tell you what the best procedures are to accomplish a particular objective, or interpret laws for you. If you need help with your case, you should talk to a lawyer. Many of the agreements you will make in your petition for dissolution will have tax consequences (including agreements about property division and spousal maintenance). It is very important that you get an accountant's or attorney's advice about these tax consequences before making your agreement. Dissolution of Marriage A decree of dissolution of marriage has the same force and effect as a decree of divorce. However, the procedures for getting a dissolution are somewhat different than those for a divorce. Dissolution procedures are described in Alaska Statutes 25.24.200 - .260 and Civil Rule 90.1. Divorce procedures are described in Alaska Statutes 25.24.010 - .180 and Civil Rule 90.1. Contents Page Requirements .......................................................................................... 2 Procedure To Follow............................................................................3-4 How To Fill Out The Petition ............................................................5-11 Page 1 of 11 DR-15 (11/06) (cs) INSTRUCTIONS HUSBAND AND WIFE (NO MINOR CHILDREN) American LegalNet, Inc. www.FormsWorkflow.com Requirements The requirements for using dissolution procedure (if there are no children born or adopted during the marriage who are currently under age 19 and if the wife is not pregnant) are: 1. Either the husband or wife (or both) must be domiciled in Alaska. That means the person claims residency in Alaska. The person must be physically present in Alaska and intend to remain indefinitely. No minimum number of days of residency is required. In addition, military personnel who do not claim to be Alaska residents may file for dissolution if they have been continuously stationed at a military base or installation in Alaska for at least 30 days. AS 25.24.900. The husband and wife must agree that "incompatibility of temperament has caused the irremediable breakdown of the marriage." This means there is no chance of saving the marriage because the husband and wife cannot get along. The husband and wife must agree on all of the following: a. b. c. d. 4. distribution of all real and personal marital property (both jointly owned and separately owned and community property under AS 34.75), including retirement benefits, payment of spousal maintenance (alimony), if any, payment of all existing debts owed by either or both of them and payment of any debts which may be incurred jointly in the future, and the tax consequences of all the above agreements. 2. 3. The property and spousal maintenance agreements must be fair and just and must take into consideration the factors listed in AS 25.24.160(a)(2) and (4) so that the economic effect of the dissolution is fairly allocated. If you cannot meet one or more of these requirements, contact a lawyer to find out what your options are. Page 2 of 11 DR-15 (11/06) (cs) INSTRUCTIONS HUSBAND AND WIFE (NO MINOR CHILDREN) American LegalNet, Inc. www.FormsWorkflow.com Procedure to Follow To get a decree dissolving your marriage, you must do the following: 1. Fill out the following three forms attached to these instructions: a. b. c. Form DR-100, Petition for Dissolution of Marriage. beginning on page 5. Form DR-314, Information Sheet. Form VS-401, Certificate of Divorce, Dissolution of Marriage or Annulment. Complete the "Parties' Information" block, lines 11-30. If you make a mistake, get a new form from the court. This form will be sent to the Bureau of Vital Statistics after the dissolution is granted, and the Bureau will not accept forms with crossouts, whiteouts, or other corrections on them. The Bureau also will not accept photocopies of this form. See the instructions 2. File these forms at the clerk's office and pay the $150 filing fee. If you cannot afford this fee, ask the clerk for form TF-920, Request for Exemption from Payment of Fees. Note: Once the petition is signed by the first party signing it, you have only 60 days to file it with the court. If you delay filing beyond that date, the court will not accept it. Civil Rule 90.1. 3. Ask the clerk's office for instructions on setting a hearing date. The hearing must be at least 30 days after the date the petition is filed. It will be set for a time acceptable to both parties. Amendment or Withdrawal of Petition. After the petition is filed, any of the terms of the petition may be amended if both husband and wife agree and complete form DR-115, Amendment of Agreement and file it with the court. If either spouse wants to withdraw from the agreement, that spouse must file form DR120, Withdrawal of Agreement, with the court before the decree is signed. If the agreement is withdrawn, the case will be dismissed. If you decide to use either of these forms, be sure to fill in the case number which the court clerk assigned to your petition. 4. 5. Hearing. At least one party must attend the hearing. It is preferred that both parties attend. If a party chooses not to attend, that party must fill out and sign form DR-110, Appearance and Waiver of Notice of Hearing (included in this packet), acknowledge it before a court clerk or notary public and file it with the court. If any of the following are true, both parties must attend the hearing unless excused by the court: a. b. one party is represented by counsel and the other is not, or there is evidence that a party committed a crime involving domestic vio
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