Alaska Divorce Records

Alaska divorce records are the official documents filed with the Alaska Court System that detail the dissolution of a marriage. Recent data reveals that Alaska's divorce rate is significantly higher than the national average. According to the data, the state reports a divorce rate of 3.1 divorces per 1,000 residents, 22% above the U.S. rate of 2.4 divorces per 1,000 people.

Under Alaska law, marriages may end under fault-based or no-fault-based grounds. In a no-fault-based grounds for divorce, the parties agree that they have become incompatible due to irreconcilable differences, which have led to the breakdown of the marriage. In a fault-based divorce, one party alleges specific misconduct by the other party, leading to the breakdown of the marriage.

Alaska allows the following grounds for dissolution of a union under fault-based divorces, including failure to consummate the marriage, adultery, and conviction of a felony. In addition, fault-based grounds for divorce also include wilful desertion, incompatibility of temperament, habitual gross drunkenness, drug addiction, incurable mental illness, personal indignities, and cruel treatment.

The average cost of divorce in Alaska is about $10,288 per person. This figure is 3% over the national average, which is around $9,969 per person. However, the actual cost of divorce may vary based on whether the divorce is contested or uncontested. In addition, other factors, such as whether there are minor children involved, attorney fees, mandatory divorce education courses, and court filing fees, may significantly increase the divorce cost.

Are Divorce Records Public in Alaska?

Divorce records are considered vital records and are not immediately public. The Alaska Vital Statistics Act stipulates that divorce records remain confidential for 50 years from the date of divorce. During the period of confidentiality, only the parties named on the divorce record, their legal representatives, and third parties with a court order may access certified copies of Alaska divorce records.

After 50 years, divorce records become public records, available to anyone for inspection and copying. At that time, the general public may access the full names of both spouses, addresses, date and county of marriage and divorce, the grounds for divorce, child custody and support arrangements, docket entries, case numbers, and final judgment. However, while divorce records are open to the public after 50 years, some information on the record, such as Social Security Numbers, exact birth dates, minor children's full names, and medical and mental health information, remains unavailable to the public.

What Is Included in Alaska Divorce Records?

Divorce records in Alaska refer to all official documents generated and maintained when a marriage is legally dissolved. These documents fall into three categories:

• Divorce Certificates: Divorce certificates, issued by the Alaska Division of Vital Records, serve as proof that a marriage was legally terminated. Divorce certificates contain essential information, including full names of both parties, divorce date, county and location of divorce, case number, judge's signature, and court seal.
• Divorce Decrees: Divorce decrees, issued by Alaska's Superior Court in the county where the action was filed, legally end the marriage and detail all substantive orders. Divorce decrees contain the caption and case number, findings establishing the grounds for divorce, the final order, property and debt division, spousal support, child-related orders, division of retirement or pension accounts, the judge's signature, and the court seal.
• Divorce Case Files: Divorce case files are maintained by the Alaska Superior Court Clerk's office in the county where the divorce was filed. The record contains the entire procedural and evidentiary record from the initial petition through to any post-judgment motions. The document comprises a petition for dissolution of marriage, summons and proof of service, answers and counterclaims, and financial disclosure. In addition, divorce case files include affidavits, motions, orders, hearings, parenting evaluations, mediation records, final decree, and post-judgment motions and orders.

How Do I Find Alaska Divorce Records?

Alaska's divorce records are maintained at the Alaska Department of Health, Health Analytics and Vital Records, and the Alaska Superior Court Clerk's Office. Generally, individuals require certified copies of their divorce records for various personal, legal, and administrative purposes, including:

• Proving marital status to remarry, change your legal name, passport applications, or immigration processes
• Enforce child support, alimony, and custody orders
• Change beneficiary or verify eligibility for continuation of insurance or pension benefits
• Tracing family lineage
• Verifying divorce status before distributing assets or contesting a will
• Updating trusts and wills

Look Up Alaska Divorce Certificate

Persons eligible to obtain certified copies of Alaska's divorce certificates may complete the Alaska Divorce Certificate Request Form. Provide the required information, such as the full legal names of both spouses, divorce date, and proof of eligibility to order the certificate. Also, include a copy of a valid government-issued photo ID and the application fees with the request form. Mail or fax the documents to:

Walk-in requesters may visit:

It costs $30 to order a divorce certificate. Extra copies ordered simultaneously with the first copy are charged at $25. All persons ordering the certificate by mail may include a self-addressed stamped envelope with the application.

Look Up Alaska Divorce Decree

Alaska's divorce decree is accessible at the Clerk of the Superior Court's Office in the judicial district where the divorce was granted. Alaska's Superior Courts provide different request forms depending on location. To obtain a divorce decree from the courts in Anchorage, Sand Point, and Saint Paul Island, use this Record Request form. For a divorce decree from Fairbanks, download and complete this Record Request Form. Persons residing in and outside of Palmer may use this Record Request Form. Persons living outside these jurisdictions not mentioned may obtain a divorce decree using this Record Request form.

All requests for divorce decree, irrespective of request location, require the requester to submit sufficient information to locate the record, a valid copy of a government-issued photo ID, and the fees. It costs $10 to order a certified copy of a divorce decree.

Look Up Alaska Divorce Court Records

You can access divorce court records online using the CourtView Public Access Website or by requesting copies from the Clerk of the Superior Court. To access the record online, click the "Search Cases" button. You may search the record by name or case number.

If you want a printed copy of the divorce court record, contact the specific Superior Clerk of Court Office. Complete the appropriate form for your judicial district as listed above. Mail the form, fees, and a copy of a valid government-issued photo ID.

Can You Seal Divorce Records in Alaska?

Yes, you may seal your divorce records in Alaska. Divorce certificates are automatically confidential for 50 years from the divorce date. Therefore, no motion or petition is needed to seal the record. After 50 years, the general public may obtain a certified copy of the divorce certificate.

However, you may petition the court to have portions of your divorce decree and case files sealed from public view. To seal divorce records, file a motion with the Superior Court where the divorce was granted, citing reasons such as privacy risks or child safety. Sometimes, a hearing is required to determine if the public interest in disclosure is outweighed by a legitimate interest in confidentiality. If the court grants the sealing, specific portions of the documents are restricted from the public. It also issues an order specifying which records are sealed.

How Long Does a Divorce Take in Alaska?

Alaska does not require a period of separation before filing for divorce. Once one party to the divorce has been a resident in Alaska for at least six months, couples may file for divorce immediately. However, after filing the divorce petition, Alaska imposes a mandatory 30-day waiting period for contested and uncontested divorces before the court can enter a final decree.

Does Alaska Require Separation Before Divorce?

There is no requirement in Alaska that spouses live apart for any period before filing for divorce. Once the residency threshold is met, a divorce petition may be filed, even if the spouses continue living together.

How Are Assets Split in an Alaska Divorce?

Divorce assets are split based on equitable distribution per Alaska Statutes. When a marriage is dissolved in the state, the court divides marital property in a "fair and just" manner, rather than automatically splitting everything 50/50.

Marital property includes any asset or debt obtained by either spouse during the marriage, regardless of whose name is on the title. However, any separate property, called non-marital property, owned before the marriage or gifted or inherited property, remains with the owning spouse.

To determine what division of marital property is "just and equitable", the court may evaluate all relevant circumstances, including:

• The earning capacity of both spouses
• The length of marriage and the social or economic standing of both spouses
• The age and health of the parties
• The financial condition of both spouses
• The conduct of each party during the marriage
• The short-term and long-term needs of each spouse, including housing, medical care, and transportation
• The time and manner of acquiring or receiving the non-marital property

Who Gets Custody of a Child in Divorce in Alaska?

Alaska law empowers the Superior Court to award custody, now called parental rights and responsibilities, based solely on the child's best interest, with neither parent automatically favored. Historically, like in most states, mothers were more commonly awarded custody, especially where minor children were involved. However, Alaska law has shifted towards gender-neutral joint custody preferences, with courts emphasizing what is in the best interest of the child.

The courts consider various factors, including the child's needs, each parent's ability to meet those needs, the length of time the child has lived in a stable environment, the child's preference, and the love and affection between the child and each parent.

Alaska implements three primary custody arrangements following a divorce in the state:

• Shared Parental Rights and Responsibilities: This is where both parents share joint legal custody and are both involved in major decisions regarding the child's welfare. In shared parental rights and responsibility, even if one parent has the child most of the time, that parent cannot unilaterally enroll the child in a school or make major medical treatment decisions without the other parent's agreement. In addition, in shared parental rights and responsibilities, the child spends substantial time living with both parents.
• Allotted Parental Rights and Responsibilities: In Alaska, there are situations where some legal rights are allotted to one parent and other rights to the other. Here, the courts determine that one parent is best suited to handle certain aspects of the child's life and allow the decision-making to that parent and vice versa. In addition, one parent may be designated the primary residential parent, where the child resides most of the time.
• Sole Parental Rights and Responsibilities: Alaska courts may award one parent sole custody (legal and physical) if it is in the child's best interest. Sole custody is typically granted where there is evidence of abuse, neglect, abandonment, or substance abuse. In sole custody, one parent makes all major decisions and has sole physical custody of the child without needing consent from the other parent. In addition, the parent has no right to approve or challenge decisions or residential arrangements.