Divorce in Alaska

These are the basic information about divorce in Alaska

Dissolution or Divorce?

In Alaska a Dissolution of marriage refers to uncontested divorce where both spouses mutually agreed in ending the marriage and all the terms in dividing there assets and liabilities, child custody, alimony, etc.

Divorce refers to contested divorce where the marriage will end by a court order.


Residency Requirement:

To be considered a resident for purposes of divorce/dissolution, one must be in Alaska when filing with the intention of remaining as a resident.

Or if the Plaintiff ( the spouse who filed for divorce/dissolution) doesn't live in Alaska but the Defendant (the non filing spouse) does, the divorce/dissolution can still be filed in the state.


Where to file:

The complaint for divorce or dissolution of marriage should be file with the local Superior Court.


Grounds for Divorce:

1. Failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;

2. Adultery;

3. Conviction of a felony;

4. Willful desertion for a period of one year;

5. Either; a. Cruel and inhuman treatment calculated to impair health or endanger life; b. Personal indignities rendering life burdensome; or c. Incompatibility of temperament;

6. Habitual gross drunkenness contracted since marriage, and continuing for one year prior to the commencement of the action;

7. Incurable mental illness when the spouse has been confined to an institution for a period of at least 18 months immediately preceding the commencement of the action; the status as to the support and maintenance of the mentally ill person is not altered in any way by the granting of the divorce;

8. Addiction of either party, after getting married, to the habitual use of opium, morphine, cocaine, or a similar drug.

*No Fault Divorce : incompatibility of temperament which has caused the irremediable breakdown of the marriage. This is the most commonly used grounds in Alaska.


Property Division:

In Alaska, spouses property is considered separate unless they agreed to make it community through a community property agreement or community property trust.


Divorce Forms:

Divorce with children and property 

Divorce with property and no children

http://www.courts.alaska.gov/forms/#fam

http://courts.alaska.gov/shc/family/shcins.htm

Information about ending the marriage, uncontested, agreement and settlement

*information on this blog are just basic information about divorce, these are in no way to be considered as a legal advice. It is best to consult a lawyer specially if there are child custody, property and alimony involved. 

Divorce in Alabama

These are divorce basics in the state of Alabama.

Residency Requirement:

There is a six months residency requirement when filing a divorce in the state of Alabama. One of the spouse must be a resident of the state no less than six months before filing the complaint for divorce, this must be proven and alleged in the complaint too.

Where to file: 

The complaint for divorce must be filed in the circuit court of the county in which;

1. where the Defendant (the non filing spouse lives). Or,

1. where the Plaintiff (the spouse who filed the divorce). Or,

1. The circuit court of the county where the spouses lived when the separation or the ground for divorce occurred.

In an uncontested divorce, both parties may file in any county they choose. 

Grounds for divorce

The statutory grounds are as follows.

1. If, at the time of marriage, either party was physically and incurably incapacitated from entering into the marriage state; 

2. Adultery; 

3. Voluntary abandonment for at least one year prior to filing;  (is considered no fault divorce ground)

4. Imprisonment in a penitentiary in any state for at least two years, with a minimum sentence of seven years; 

5. The commission of a crime against nature, with man or beast, either before or during marriage; 

6. Becoming addicted after marriage to habitual use of alcohol, opium, morphine, cocaine or other like drug; 

7. Incompatibility of temperament prohibiting the spouses from living together any longer, as determined by the court; (is considered no fault divorce ground)

8. Confinement of one of the parties, after marriage, in a mental hospital for a minimum of five successive years, if that party is hopelessly and incurably insane at the time of filing the complaint (a certified statement attesting to this condition from the superintendant of the mental hospital is required.);

 9. Irretrievable breakdown of the marriage, as determined by the court; (is considered no fault divorce ground)

10. If the wife was pregnant at the time of marriage without the husband’s knowledge or agency; 

11. If one party has committed violence against the other party or when his/her conduct causes a fear of such violence; or  

12. If the wife has lived separate and apart from the bed and board of her husband for at least two years without support from him, and she has resided in Alabama during the two year period.

Serving of Divorce:

The plaintiff (the spouse who filed for divorce) must send a copy to the defendant (the non filing spouse) the copy of the divorce complaint.  If your spouse/defendant is willing to sign the "Acceptance and waiver of service" then you can mail or hand him/her the divorce documents. 

If not, you will have to serve the defendant by  (1) sending the forms by first class mail, with acknowledgement, (2) sending a copy by certified mail, return receipt requested, (3) hire a sheriff, constable, or private process server to serve your spouse with divorce papers.

If you don't know the whereabouts of your spouse then service by publication is required, the Alabama Rules of Civil Procedure should be followed. 

Property Division

Alabama is an equitable distribution state. This means the divisions of assets and liabilities should be fair and equitable. This does not mean 50/50. 

Pro Se Divorce

Alabama doesn't have a pro se divorce forms on their websites but below are some sites where you can download divorce forms for free.

You can find free divorce forms here;

http://www.alabamalegalhelp.org/issues/families-and-children/divorce?channel=self-help-legal-information&category=do-it-yourself-instructions-forms

https://www.ilrg.com/forms/divorce-mc/us/al

*information in this blog are just basic information about divorce, these are in no way to be considered as a legal advice. It is best to consult a lawyer specially if there are child custody, property and alimony involved. 

No Lawyer (Pro Se) Divorce in all states of the USA

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