Section 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) [See delayed amendment note]. =ro 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. A petition filed by both spouses under AS 25.24.200(a) may provide for the ownership or joint ownership of an animal, taking into consideration the well-being of the animal. 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.

Authorities

25.24.220

Notes

Recent Bills that will modify this

HB 8 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS
HB 15 MARRIAGE & SPOUSES
HB 147 ANIMALS: PROTECTION/RELEASE/CUSTODY
HB 221 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS
HB 342 MARRIAGE & SPOUSES

References

AS 25.24.220 Hearing.

History

(Sec. 1 ch 260 SLA 1976; am Sec. 10, 11 ch 130 SLA 1990; am Sec. 5 ch 117 SLA 1992; am Sec. 48 ch 64 SLA 1996; am Sec. 45 ch 87 SLA 1997; am Sec. 15, 16 ch 132 SLA 1998; am Sec. 5 ch 106 SLA 2000; am Sec. 22 ch 60 SLA 2016)