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Alaska Divorce Records

Divorce in Alaska is a legal process employed to terminate a marriage when one or both parties disagree regarding the dissolution of their union. A divorce is officially registered through the Superior Court of the county where the petitioner or respondent resides. Alaska's regulations mandate that at least one spouse must be a state resident before initiating divorce proceedings.

However, merely filing for divorce in Alaska does not automatically confer jurisdiction on the court over all pertinent issues. The state holds that the court has jurisdiction over the individuals in the divorce case if the married couple resided in Alaska for at least six consecutive months within the six years preceding the divorce filing. Alaska operates as a no-fault divorce state, meaning it is unnecessary to demonstrate any wrongdoing by either spouse, as divorce can be granted based on the irretrievable breakdown of the marriage.

Divorce records are considered vital records in Alaska, and in accordance with § 40.25.120 of the 2019 Alaska Statutes, all vital records are exempt from public view. Divorce records are generally public records 50 years after the case is completed.

Divorce is prevalent in Alaska, with the state's divorce rate in 2021 recorded at 3.1 incidents per 1,000 residents, surpassing the national average of 2.4 divorces per 1,000 residents.

What are Divorce Records?

Alaska divorce records are official documents issued by Alaska’s Superior Court, providing detailed documentation of the legal dissolution of a marriage within the state. These records encompass a range of documents associated with a divorce in Alaska, including divorce certificates, divorce decrees, and divorce case files. The state of Alaska maintains divorce records for various legal and administrative purposes. These records serve as authoritative documentation for both government entities and the individuals involved in the divorce, and they also serve as substantiating evidence of divorced status for individuals requiring such verification for specific applications.

Alaska divorce records are established through various procedures, such as when a party files a divorce petition in Alaska courts, as well as the court proceedings and the ultimate judgment that follows it. The ultimate judgment in a divorce is typically known as the divorce decree. The final decree frequently comprises court decisions regarding asset distribution, child custody, alimony, and child support. While the Alaska Department of Health Analytics and Vital Records has the authority to issue divorce certificates, copies of Alaska divorce decrees and case files are retained by the Clerk of the Superior Court in the county where the divorce was granted. These records generally include the following information:

  • The full names of the parties involved in the divorce
  • The address of the parties involved in the divorce
  • The date on which the marriage occurred
  • The date when the divorce was finalized
  • Grounds for the divorce
  • Details about the settlement, such as alimony, property division, child custody, and child support arrangements
  • The court in which the case was filed
  • The court-assigned number for tracking and reference

Are Divorce Records Public in Alaska?

Per §18.50.310 of the 2019 Alaska statute, divorce records become public records after 50 years from the date of the divorce. This means that the public can access the records after 50 years have elapsed. Alaska divorce records can be in the form of divorce certificate, decree or case file. Divorce certificates can be obtained by downloading, completing, and submitting a divorce certificate request form to the Alaska Department of Health Analytics and Vital Records. Divorce decrees and case files are available at the clerk of the superior court office in the county where the divorce was granted.

Divorce Stats and Rates in Alaska

The Alaska Division of Public Health, Health Analytics and Vital Records Section reported that in 2021, the divorce rate in Alaska stood at 3.1 divorces per 1,000 residents. This represents a decrease from 3.3 in 2020 and 3.6 in 2019. It is worth noting that Alaska's divorce rate exceeds the national average of 2.4 divorces per 1,000 residents in the country. This means that divorce is more likely to occur in Alaska than most states in the country. 

Grounds for Divorce in Alaska

Per divorce regulations, Alaska is a no-fault state. However, § 25.24.050 of the state statute maintains that a party can also obtain a divorce decree on the following grounds:

  • Failure to consummate the marriage
  • Drug addiction
  • Adultery
  • Desertion
  • Conviction of a felony
  • Incurable mental illness
  • Alcohol abuse leading to habitual  drunkenness
  • Cruel treatment that exposes the other party to danger

How to File for Divorce in Alaska

One or both parties must fulfill residency requirements before filing for a divorce in Alaska. However, if the parties ask the court to decide on child custody, the children must live in Alaska six months before the filing before a court can preside over the matter.

In Alaska, a divorce is filed when the parties in a marriage do not agree on the issues concerning ending their marriage. As such, divorce in Alaska rarely involves the preparation of a document of agreement between both parties before filing for divorce. A document of agreement is only necessary where the parties agree on the grounds for divorce or other matters concerning the dissolution of the marriage. Below are the steps for filing a divorce in Alaska.

  • File Court Papers: You (the petitioner) must complete appropriate court forms and submit other required documents to the Clerk of Courts. The forms to be filled depend on whether or not the parties have minor children. The Alaska Court Self-Help Center provides a list of and links to forms appropriate for different situations.
  • Service of Process: Even if both parties agree on the divorce, it is necessary to officially deliver copies of the filed documents to the other party.
  • Get a Hearing Date: After filing and serving documents, it is essential to contact the Clerk of the Superior Court to arrange a hearing date.
  • Hearing: Both parties are required to appear in court to finalize a divorce. The presiding judge examines all submitted documents and any supplementary information before issuing the divorce decree.

Alaska Divorce Decree

Alaska’s divorce decree is a legal document issued by a competent court that formally signifies the end of a marriage. It provides a comprehensive overview of various aspects related to the divorce, including but not limited to spousal support, child custody, visitation schedules, division of assets, alimony payments, parental planning, and other ancillary terms. This decree is the final judgment in the divorce case and is binding for both parties. Furthermore, Alaska divorce decrees are meticulously maintained by the Clerk of the Superior Court, where the case was officially concluded. Individuals may be required to make in-person requests for divorce records by visiting the courthouse.

How to Find and Access Alaska Divorce Records

The Alaska Department of Health Analytics and Vital Records issues divorce certificates to members of the public. Interested persons can request a divorce certificate online or by downloading, completing, and submitting a divorce certificate request form. Divorce decrees and case files are available at the Clerk's Office of the Superior Court, where the divorce was granted, either offline or online.

Offline Access

To obtain divorce records from Alaska superior courts through offline channels, it is necessary to personally visit the Clerk's Office of the Superior Court in the county where the divorce was finalized and submit a formal request. It is important to note that there may be associated fees and specific requirements when procuring this record. Therefore, it is highly recommended that you communicate with the Clerk's Office in advance to ensure that all necessary items are prepared before your visit.

Online Access

Some Superior Courts in Alaska may offer online access to divorce records through their case management systems, usually available on the county's official website. To determine if a Superior Court provides online access to its court records, visit the county's website where the court is located.

Alternatively, you can use the statewide case search portal to view unsealed divorce records. The portal provides online access to court records of the Alaska judiciary.

 

References

Counties in Alaska

List of Content

  1. What are Divorce Records?
    1. Are Divorce Records Public in Alaska?
      1. Divorce Stats and Rates in Alaska
        1. Grounds for Divorce in Alaska
          1. How to File for Divorce in Alaska
            1. Alaska Divorce Decree
          2. How to Find and Access Alaska Divorce Records
            1. Offline Access
            2. Online Access