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Alaska Divorce Petition

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Introduction

A divorce petition, which Alaska titles a Complaint for Divorce, is the formal legal pleading a spouse files in the Superior Court to open a contested marriage case, telling the judge you want to end your marriage and asking for a decree that legally dissolves it. This is the document you file first, and it sits alongside a companion track: when both spouses agree, they instead file a joint Petition for Dissolution of Marriage. From there, AS 25.24.090 sets the entry requirement: the plaintiff must be a resident of Alaska at the moment the action is commenced, and, unlike most states, Alaska imposes no minimum durational residency period for divorce, so there is no six-week or six-month clock to satisfy before you file (for a dissolution under AS 25.24.200, at least one spouse must be a resident when the petition is filed). Timing then depends on your track: a divorce under AS 25.24.050 has no fixed statutory waiting period, while an uncontested dissolution is governed by AS 25.24.220(a), which bars the Superior Court from granting the decree until 30 days after the petition is filed. Alaska is a no-fault plus fault state. You may proceed on incompatibility of temperament under AS 25.24.050(5) without proving misconduct, or on fault grounds such as adultery, felony conviction, or one-year willful desertion. No period of living separate and apart is required before filing.

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Key Things to Know

  1. 1

    Definition: A divorce petition in Alaska goes by the name Complaint for Divorce when a case is contested, or a joint Petition for Dissolution of Marriage when both spouses agree, and this opening pleading asks the Superior Court to issue a decree that ends the marriage.

  2. 2

    Residency: Under AS 25.24.090 the plaintiff must be a resident of Alaska when the action is commenced, but Alaska sets no minimum durational residency period for divorce. For a dissolution under AS 25.24.200, at least one spouse must be a resident when the petition is filed.

  3. 3

    Waiting period: For an uncontested dissolution, AS 25.24.220(a) prohibits the court from granting the decree until 30 days after the petition is filed. A divorce under AS 25.24.050 carries no fixed statutory waiting period.

  4. 4

    Grounds: Alaska allows the no-fault ground of incompatibility of temperament (AS 25.24.050(5)), plus fault grounds under AS 25.24.050 including adultery, conviction of a felony, willful desertion for one year, cruel and inhuman treatment, personal indignities, incurable mental illness, and habitual drunkenness or addiction.

  5. 5

    Property: Alaska uses equitable distribution. AS 25.24.160(a)(4) directs the court to divide property 'in a just manner and without regard to which of the parties is in fault,' fairly allocating the economic effect of the split rather than dividing assets automatically 50/50.

  6. 6

    Forms and court: A contested or one-party divorce uses a Complaint for Divorce (DR-100/DR-105 series) with a Summons (DR-115), while an uncontested joint dissolution uses the Petition for Dissolution of Marriage (DR-105 series) and needs no summons because both spouses file as petitioners. All Alaska divorce and dissolution matters are heard in the Alaska Superior Court, which holds jurisdiction over domestic relations cases statewide.

  7. 7

    Fee: A $250 filing fee applies when you open your divorce or dissolution case in the Superior Court.

Key decisions before you file

Before you file a Divorce Petition in Alaska, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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Divorce and Dissolution in Alaska

Alaska draws a clear legal line between a divorce under AS 25.24.050 and a dissolution of marriage under AS 25.24.200 through .260, and choosing correctly shapes every form you file. A divorce is the contested or one-party track that uses the labels plaintiff and defendant. A dissolution is the uncontested, jointly filed proceeding in which both spouses appear as petitioners and must agree on every term. You begin either one in the Alaska Superior Court, which holds jurisdiction over all domestic relations matters. Understanding which track fits your situation is the first decision, because a mismatched filing can delay your case. Start your paperwork with the Divorce Petition builder.

Residency and Timing

Before filing, satisfy AS 25.24.090: the plaintiff must be a resident of Alaska at the time the action is commenced. Alaska is unusual in imposing no minimum durational residency period for divorce, so there is no weeks-long or months-long waiting clock to establish before you file. For a dissolution under AS 25.24.200, at least one spouse must be a resident when the petition is filed. Timing differs by track. A divorce under AS 25.24.050 carries no fixed statutory waiting period, while a dissolution is governed by AS 25.24.220(a), which bars the court from granting the decree until 30 days after the petition is filed.

Grounds for Ending the Marriage

Alaska is a no-fault plus fault state. The no-fault ground is incompatibility of temperament under AS 25.24.050(5), which lets you proceed without proving misconduct. Fault grounds remain available under AS 25.24.050 and include adultery, conviction of a felony, willful desertion for one year, cruel and inhuman treatment, personal indignities, incurable mental illness, and habitual drunkenness or addiction. Because incompatibility requires no accusation, most Alaska couples file on that no-fault basis. Alaska does not require spouses to live separate and apart for any period before filing.

Property and Forms

Alaska follows equitable distribution. Under AS 25.24.160(a)(4), the Superior Court divides property "in a just manner and without regard to which of the parties is in fault," fairly allocating the economic effect of the split rather than dividing assets 50/50 automatically. A longer marriage or unequal earning power can justify an uneven division. The forms track your chosen path. A contested or one-party divorce uses a Complaint for Divorce (DR-100/DR-105 series) paired with a Summons (DR-115) to notify the defendant. An uncontested joint filing uses the Petition for Dissolution of Marriage (DR-105 series) and requires no summons, because both spouses join as petitioners rather than one serving the other.

Cost

The $250 filing fee applies when you open your case in the Superior Court. Fee waivers may be available for filers who cannot afford the amount, but the fee and the Superior Court venue stay the same statewide. Prepare your Complaint or Petition, confirm your residency under AS 25.24.090, and file the matching forms to start the clock: 30 days for a dissolution decree, or the ordinary case schedule for a contested divorce.

Alaska Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: AS 25.24.090 , the plaintiff must be a resident of Alaska at the time the action is commenced; Alaska imposes no minimum durational residency period for divorce (for dissolution under....

Residency (County)

Must file in the correct county Superior Court the Alaska.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. The no-fault ground is 'incompatibility of temperament' (AS 25.24.050(5)). Fault grounds under AS 25.24.050 also include adultery, conviction of a felony, willful desertion for one year, cruel....

Waiting Period

Mandatory waiting period: For dissolution (uncontested joint petition), AS 25.24.220(a) bars the court from granting the decree until 30 days after the petition....

Required Forms

Must file correct state forms: Contested/one-party divorce: 'Complaint for Divorce' with a 'Summons' (e.g., forms DR-100/DR-105 and Summons DR-115). Uncontested....

Property Division

Property is divided according to: Equitable distribution. AS 25.24.160(a)(4) directs the court to divide property 'in a just manner and... laws.

Filing Fee

Filing fee is typically $250 filing fee. unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the document that starts your case and asks the court to legally end your marriage. In Alaska it takes one of two forms: a Complaint for Divorce, filed in the Superior Court when the case is contested or brought by one spouse, or a Petition for Dissolution of Marriage, filed jointly when both spouses agree on every term.

Alaska treats these as two separate proceedings. A divorce under AS 25.24.050 can be contested and may rest on fault or on incompatibility of temperament, and the spouses are called the plaintiff and the defendant. A dissolution of marriage under AS 25.24.200 to .260 is an uncontested proceeding that requires both spouses to agree on all terms, and they file together as petitioners. A dissolution also carries a 30-day wait under AS 25.24.220(a) before the court can grant the decree.

Under AS 25.24.090, the plaintiff must be a resident of Alaska at the time the action is commenced. Alaska imposes no minimum durational residency period for divorce, so there is no waiting clock to satisfy first. For a dissolution under AS 25.24.200, at least one spouse must be a resident when the petition is filed.

Alaska allows both no-fault and fault grounds. The no-fault ground is incompatibility of temperament under AS 25.24.050(5), which you can use without proving misconduct. Fault grounds under AS 25.24.050 include adultery, conviction of a felony, willful desertion for one year, cruel and inhuman treatment, personal indignities, incurable mental illness, and habitual drunkenness or addiction. Alaska also does not require spouses to live separate and apart before filing.

For a dissolution, which is the uncontested joint proceeding, AS 25.24.220(a) bars the court from granting the decree until 30 days after the petition is filed. A divorce under AS 25.24.050 has no fixed statutory waiting period, so the timeline depends on the court's schedule and the complexity of your case.

The filing fee in Alaska is $250 to open your divorce or dissolution case in the Superior Court. Filers who cannot afford the fee can ask the court for a waiver.

Alaska follows equitable distribution. AS 25.24.160(a)(4) directs the court to divide property 'in a just manner and without regard to which of the parties is in fault.' This means marital property is divided fairly under state law rather than split automatically 50/50, so factors like the length of the marriage or unequal earning power can shape the outcome.

Yes. A dissolution requires both spouses to agree, but a divorce under AS 25.24.050 does not. If you file a Complaint for Divorce and properly serve your spouse with the Summons, the Superior Court can proceed and enter a default judgment when the defendant refuses to respond or participate.