- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 24. Divorce and Dissolution of Marriage
- Section 210. Petition For Dissolution.
previous: Section 200. Dissolution of Marriage.
next: Section 220. Hearing.
AS 25.24.210. Petition For Dissolution.
- (a) The caption in a petition for dissolution of marriage under AS 25.24.200 - 25.24.260 shall be styled substantially "In the Matter of
the Dissolution of the Marriage of . . . . . . . . . . . . . . and . . . . . . . . . . . . .."
- (b) The petition shall be filed with the superior court and shall either
- (1) recite that the conditions enumerated under AS 25.24.200
(a) exist and shall be signed and verified by both of the petitioners or by one petitioner, if that petitioner
personally serves the petition on the other spouse in accordance with the Alaska Rules of Civil Procedure in
anticipation that the spouse will comply with AS 25.24.200
(c); or
- (2) recite that the conditions enumerated under AS 25.24.200
(b) exist and be signed and verified by one of the petitioners.
- (c) The petition shall state that the spouse or spouses executing the petition consent to the jurisdiction of the court.
- (d) The petition shall request that the marriage be dissolved and that the name of a spouse be changed, if desired by that
spouse.
- (e) If the petition is filed by both spouses under AS 25.24.200
(a), the petition must state in detail the terms of the agreement between the spouses concerning the custody of
children, child support in terms of periodic payments and in terms of health care expenses, visitation, spousal
maintenance and tax consequences, if any, and fair and just division of property, including retirement benefits.
Agreements on spousal maintenance and property division must fairly allocate the economic effect of dissolution and
take into consideration the factors listed in AS 25.24.160
(a)(2) and (4). In addition, the petition must state
- (1) the respective occupations of the petitioners;
- (2) the income, assets, and liabilities of the respective petitioners at the time of filing the petition;
- (3) the date and place of the marriage;
- (4) the name, date of birth, and current marital, educational, and custodial status of each child born of the marriage or
adopted by the petitioners who is under the age of 19;
- (5) whether the wife is pregnant;
- (6) whether either petitioner requires medical care or treatment;
- (7) whether any of the following has been issued or filed during the marriage by or regarding either spouse as defendant,
participant, or respondent:
- (A) a criminal charge of a crime involving domestic violence;
- (B) a protective order under AS 18.66.100
- 18.66.180;
- (C) injunctive relief under former AS 25.35.010
or 25.35.020; or
- (D) a protective order issued in another jurisdiction and filed with the court in this state under AS 18.66.140
;
- (8) whether either petitioner has received the advice of legal counsel regarding a divorce or dissolution;
- (9) other facts and circumstances that the petitioners believe should be considered;
- (10) that the petition constitutes the entire agreement between the petitioners; and
- (11) any other relief sought by the petitioners.
- (f) A petition filed under this section must include or be accompanied by a record of the social security numbers, if
ascertainable, of the following persons:
- (1) both spouses to the marriage being dissolved;
- (2) each child whose rights are being addressed in the petition for dissolution.
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Last modified 8/31/2005