How are Divorce Records Generated in Alaska?

Alaska divorce records confirm that a divorce was granted by a competent court in Alaska. Alaska has an average rate of divorces: According to the US Census website, there are an estimated 7.6 divorces per 1000 women aged 15 and above in Alaska.

By Alaskan law, a marriage may be terminated in four different ways:

• Divorce
• Dissolution of marriage
• Legal Separation
• Annulment

The 2019 Alaska Statute § 25.24.030 provides grounds for a judge to declare a marriage void. These grounds include bigamy, failure to consummate the marriage, and mental illness of a party. Also, if a party was a minor at the start of the marriage or consent to the marriage was obtained by fraud, or under duress, the marriage would be declared void.

When one of the parties claims that the marriage is void or voidable, the other party may bring an action under § 25.24.040 of the 2019 Alaska Statutes to have the marriage declared valid.

Legal separation does not completely dissolve a marriage. The couple would still be legally married and cannot remarry someone other than their spouse. Generally, a couple may seek legal separation if both believe a divorce would be detrimental to specific legal, financial, social, or religious interests.

The court would also grant legal separation on the ground of incompatibility of temperament, as provided by § 25.24.410 of the same statute.

Under the Alaska Court System, the difference between a divorce and a dissolution is the parties' agreement. If the couple has settled all the issues, a dissolution will apply. If, on the other hand, the parties are not in agreement, one spouse should file for divorce.

According to § 25.24.200, a spouse may also petition the court for dissolution if the whereabouts of the other spouse are unknown. The petitioner should have made reasonable efforts to locate the absent spouse.

As such, there are no types of divorce in Alaska. Instead, the Dissolution of Marriage is usually termed an uncontested divorce.

The couple must have agreed to terminate the marriage to be eligible for a dissolution. Both spouses must also settle issues such as alimony, division of debts and properties, and child support, as stipulated by the 2019 Alaska Statutes § 25.24.200.

Where the couple cannot agree on these issues, a divorce would be applicable. By § 25.24.050 of the 2019 Alaska Statutes, the grounds for which a party may obtain a divorce include:

• Adultery
• Failure to consummate the marriage
• Addiction to a party or illegal drugs
• Incurable mental illness of one spouse
• Habitual drunkenness of a spouse for at least one year
• Wilful desertion for at least one year
• Conviction of a felony
• Cruel treatment
• Incompatibility of temperament

Because it is contested, a divorce requires more time and money. The case may be in court for as long as one year before its finalization. The parties would also need the services of attorneys, which results in more expenses. On the other hand, a dissolution may be finalized within thirty to ninety days. It is also less expensive.

The Health Analytics & Vital Records of the Department of Health and Social Services is responsible for maintaining divorce certificates. Divorce decrees and case files are kept and maintained with the Superior Court where the divorce was granted. Alaska Court System.

Are Divorce Records Public in Alaska?

In Alaska, divorce records are considered vital records. However, § 40.25.120 of the 2019 Alaska Statutes excludes vital records from the public records category.

The records are private at the time of the divorce's finalization. Only the parties to the divorce, the couple's family members, and legal representatives may access them.

However, by § 18.50.310 of the same statute, divorce records become public records after 50 years from the date of the divorce. This means the public may access the records after 50 years have elapsed.

What are the types of Divorce Records available in Alaska?

In Alaska, divorce records are generally of three types:

• Divorce case files,
• Divorce certificates, and
• Divorce decrees.

A divorce certificate is a document providing basic information on the divorce. It serves as proof that a marriage was legally terminated. The certificate states the names of the divorced couple and the location of the divorce. The State Vital Records Office maintains divorce certificates.

A divorce decree is the signed order of a competent court stating that a marriage has been terminated. It furnishes full information about the divorce, including spousal support, parental planning, division of assets, and other ancillary terms.

Divorce case files encompass the entire court process used in the divorce. The divorce decrees and case files are available at the state level from the Alaska Court System. The records may also be obtained from the Clerk of the Superior Court where the divorce was granted.

How Do I Get Divorce Records in Alaska?

Unless the divorce record has existed for more than 50 years, only authorized persons may access it. Authorized persons include the parties named on the record, their close family relatives, and legal representatives. Any authorized person may obtain Alaska divorce records of whatever type by mail, fax, or in person.

The Alaska Department of Health and Social Services keeps and maintains divorce certificates dating back to 1950. Older records are available at the superior court where the marriage was terminated.

To request a copy of a divorce certificate, complete the Divorce Certificate Request Form. The Vital Records Office charges a fee of $30 for the first copy requested. The requester is required to pay a fee of $25 for each additional copy ordered at the same time.

The requester may pay by personal check or money order payable to the "Alaska Vital Records Office". The requester must also provide a government-issued photo ID.

The accepted means of identification are a Driver's license, a State-issued ID card, a Passport, a Military ID, and a Tribal/BIA card. The request form should be downloaded, printed, and submitted with the fee and identification.

For fax requests, send the applicable fee, completed request form, and a copy of acceptable identification to (907) 465–3618.

To obtain the certificate by mail, send the completed request form, a copy of acceptable ID, and the appropriate fee to:

Department of Health and Social Services
Bureau of Vital Statistics
P.O. Box 110675
Juneau, AK 99811–0675

The Vital Records Department has two offices in Anchorage or Juneau. For in-person requests, the requester should visit either of these offices.

Divorce decrees and divorce case files are available from the Alaska Court System's online portal. The requester must use any of the request forms provided on the website.

Courts in Anchorage, Saint Paul Island, and Sand Point have one request form, while courts in Fairbanks have another request form. Different request forms are also provided for courts in Palmer and any other location aside those mentioned.

The fee is $5 for one copy of the requested record and $3 for each extra copy requested at the same time. The fee for a certified copy is $10, and then $3 for any additional copy. Payments are typically made by money order or personal check.

The completed request form and fee may be submitted by mail, fax, or in person. The details for submitting the completed request forms are available in the respective forms.

Alternatively, the requester should contact the Clerk of Court where the divorce was granted to obtain a divorce decree and case file.

While divorce and marriage records may be searched through government sources and organizations, their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these entities are not government-sponsored; therefore, record availability may vary further.

Also note that marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Hence, these factors determine the availability of any type of marriage or divorce record.

Who Can Obtain Divorce Records in Alaska?

Divorce records are private for the first 50 years after their finalization. During that period, only the parties, close family members, and attorneys may access the records. After the expiration of that period, the records become public records, accessible to any member of the public.

Are Alaska Divorce Records available online?

The Health Analytics and Vital Records Division has an online portal through which requesters can order divorce certificates. Because divorce records are generally not public, requesters cannot view them on the portal.

Divorce certificates cannot be obtained online through the portal. Rather, the requester may download the application form and request it by fax, mail, or in person.

Requesters of divorce case files and divorce decrees may also obtain copies by visiting the Alaska Court System's website. Like the Vital Records portal, the site makes request forms available. However, the forms must be submitted in person, by email, fax, or mail.

How Do I Seal My Divorce Records in Alaska?

Pursuant to § 40.25.120 of the 2019 Alaska Statutes, divorce records, being a record of vital statistics, are not public records. This means there would ordinarily be no need to have divorce records sealed. However, § 18.50.310 of the same statute makes divorce records public records 50 years after their occurrence. Therefore, the need to seal divorce records can arise.

The party requesting that the record be sealed can fill out a request to seal form, asking the court to seal the entire divorce case file or specific documents. The judge has complete discretion to either grant or refuse the petition.

The petitioner, by way of the application, must prove that the public interest of disclosure is overridden by either:

• The threat of injury to persons
• Privacy rights and interests of individuals
• Public safety
• Proprietary business information
• The deliberative process

If the judge grants the request, the divorce records will be accessible only to the judge and any other person authorized by a written court order.