The divorce filing fee in Haines Alaska is $250 and is paid directly to the court. The additional costs involved in filing for divorce will differ depending on a number of variables like document preparation, attorney fees if you hire an attorney, mediation for any issues you and your spouse do not agree on, service fees to serve your spouse if necessary, etc. Our fee to prepare your forms is $139. We can also include a fee waiver you can file with the court to ask them to waive the filing fee.

There is a 30-day waiting period before your divorce can be finalized in Haines Alaska. The waiting period begins the day you file the Complaint.

In order to file for divorce in Haines Alaska, your or your spouse must live in Alaska when you file and intend to stay as a resident. For an uncontested divorce, you and your spouse must agree to the terms of divorce including the division of assets and debts, child custody and support, alimony, etc.

Incompatibility of temperament is the no-fault ground in Haines Alaska. Previously one party needed to be at fault to file for divorce in Haines Alaska, however now parties can divorce just because they no longer wish to be married. This is referred to as a no-fault divorce meaning you do not have to prove the fault of either party. Even if your spouse is opposed to get a divorce, you can still request and receive a divorce.

You can get divorced after you have made what is called a "diligent inquiry". This means that you looked really hard to find your spouse. You will need to complete and affidavit stating the attempts you made to look for your spouse. After that you will need to ask for permission from the court to serve your spouse by publishing notice in the newspaper or posting notice in certain places.

No, you can file the forms through 1st class mail. If you are mailing the forms to the court, you need to include all of the required forms filled and signed/notarized where needed, the court filing fee or fee waiver, and a self-addressed stamped envelope.

There is a hearing that you can participated in by telephone if you are not able to make it in person or you can waive your appearance if you are not able to appear in person or over the phone.

Until there is a court order, both parents are presumed to have equal rights to the children. If parents can reach an agreement the court will honor it. The court also provides a very detailed Model Parenting Agreement that you can use as a template. If parents are not able to make an agreement for custody, there will be a trial and the judge will make a decision in the best interests of the child.

Alaska is an equitable distribution state. This means that in a divorce, the court will divide the assets in a fair and equitable manner. Equitable does not necessarily mean 50/50. There are several factors considered which includes:

1. The length of the marriage.

2. The age and health of the parties.

3. Each spouse's monetary and non-monetary contributions during the marriage.

4. Each spouse's ability to earn a living after divorce, including educational background, training, employment skills, and work experiences.

5. Whether either spouse committed adultery or abuse during the marriage.

6. Each spouse's expected share of childcare responsibilities after the divorce.

7. The time and manner of buying or receiving the property in question.

8. Whether the property can produce any income and its value at the time of division.

In Haines Alaska you can file the forms with your spouse if they are willing to sign the forms with you. In that case you will not need to serve your spouse. If your spouse is not willing to sign and file the forms with you, you will need to have them served.

You can have your spouse served by certified mail or through a process server. If your spouse is served by certified mail you will need to pay for restricted delivery and return receipt so that only the defendant signs for the mail and you get the green card sent back to you. You must save that green card and show it to the court.