The Difference Between a Divorce and an Annulment in Alaska

In Alaska, a divorce and an annulment are ways by which individuals terminate a marital union. Divorce and annulment have some similar processes; however, divorce generally differs from annulment in effect and requirements. Divorce is the legal termination of a valid marriage, while annulment renders a marriage void. In Alaska, the Superior Court hears divorce and annulment cases.

What is an Alaska Divorce Decree?

A divorce decree, or final decree of dissolution, is an order that the court grants at the end of a divorce. The decree signals the end of the divorce process and typically contains information about the divorced parties and the divorce case. Examples of information that the divorce decree contains include settlement agreement or marital agreement plans, financial information, and the docket number. It may also provide information on the date and venue of the divorce and the name of the judge who granted the divorce order.

Family court documents include marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The individual nature of these records makes them considerably more difficult to find and obtain compared to other types of public records. These records are often unavailable through government sources or third-party public record websites.

What is an Annulment in Alaska?

Annulment is known as a voidable marriage in Alaska. The state does not have a direct annulment order; however, interested parties may request that the court declare a marriage void if any of the grounds that the state laws provide exist. Grounds for a voidable marriage in Alaska generally include (AS 25.24.020):

• When one party is still married to another partner who is alive
• When both parties are closely related
• Either is a minor
• When the couple does not consummate the marriage at the time of filing
• Either party obtains the other party’s consent to marry by force or fraud.
• Either party did not have the mental capacity to consent to a marriage at the time of filing.

It is important to note that there are time limits when a party may petition the court for annulment based on any of the above-listed grounds. If the parties continue to willingly live together after a minor reaches the age of consent, or a party discovers after fraud or force, or after the couple consummates the marriage, the petitioning party may no longer have legal grounds to request an annulment. Interested parties may request annulment records from the Clerk of Court in the county where the court granted the divorce.

Annulment vs Divorce in Alaska

The annulment and divorce processes are markedly different in Alaska. The state does not have an annulment action but may declare a marriage void based on legal grounds. Alaska offers divorce or dissolution, which terminates a valid or legal marriage. Alaska state statutes list conditions under which the court may declare a marriage void. On the other hand, Alaska is a no-fault divorce state; this means that petitioning parties may file for divorce solely on the grounds of irreconcilable differences.

In Alaska, interested parties may initiate the divorce process by filing a complaint; however, the state does not have forms for annulment. Parties interested in and eligible for annulment are usually advised to speak to an attorney to determine the best way to begin the process.

Typically, the court sends an order schedule for cases that proceed to hearings or trials. The schedule contains the hearing or trial date and information on what each party is expected to do before and during the trial. Annulment and divorce involve similar issues, including property division, child custody, and child support. Depending on whether the case parties agree on these issues, divorce or annulment hearings may happen quickly.

The annulment process ends when a Superior Court judge declares a marriage void, and the divorce process ends when the judge enters a decree of divorce.

Is an Annulment Cheaper Than Divorce In Alaska?

Annulment and divorce have similar associated costs, namely court and filing fees, surcharges, and attorney fees. Additionally, both processes have similar cost-involved issues, such as property division, child custody, and child support. Considering the costs mentioned above, it is safe to conclude that annulment is not cheaper than divorce in Alaska. However, when both parties agree on specific issues, the process of annulment and divorce may be faster and less costly.

What is an Uncontested Divorce in Alaska?

An uncontested divorce is one in which the parties involved agree on divorce-related issues like alimony, debt and asset division, and, where dependent children are involved, child support and child custody. In Alaska, an uncontested divorce is known as a Dissolution (AS 25.24.200). Parties who agree on divorce-related issues may file an uncontested complaint and a settlement agreement, indicating that both parties agree.

Where can you get an uncontested divorce form in Alaska?

In order to be eligible to file for divorce in Alaska, either party should be a resident of the state at the time of filing. Parties interested in filing for dissolution may use the form packets that the Alaska courts provide. After the petitioner files the required documents, the Superior Court schedules a hearing. Parties who cannot physically attend a hearing may request the court’s permission to join in by phone or file an appearance waiver.

In Alaska, parties in an uncontested divorce or dissolution case are typically required to wait at least 30 days from the filing date for the court to finalize a divorce.

Interested parties may request uncontested divorce records from the Superior Court Clerk in the county where a judge issued the divorce decree. However, requesting parties may need to provide identification and a relationship to the parties named on the record.

Records that are considered public may be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the availability, accuracy, or validity of certain records provided by these sites cannot be guaranteed.

How do I get a copy of my Divorce Decree in Alaska?

Interested parties may obtain copies of divorce decrees from the Court Clerk or the Superior Court records office in the county where a judge granted the divorce. Requesting parties may submit requests in person, by mail, or by fax. The court charges $5 to produce the first document and $3 to produce additional documents. Certified copies cost $10 for the first copy and $3 for additional copies.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored, and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Considering these factors, record availability for these types of records cannot be guaranteed.

How Do I Get an Alaska Divorce Decree Online?

Alaska provides electronic access to court records through the search website and CourtView Online Information. However, pirates interested in obtaining copies of divorce decrees may contact the Superior Court Clerk in the county where a judge granted the divorce. Requesting parties may also call (907) 465–3391 for assistance in determining the request requirements.