The question of how long a divorce would take in Alaska, is a common occurrence between litigants. This blog post is supposed to act as a guide to walk through each stage of an Alaskan divorce case, in essence starting from filing to final decree. As a necessary corollary to the steps in the case, this write up tends to also touch upon and explain the factors that act as a catalyst in speeding up or slowing down a case.
The answer to the question regarding the length of time consumed in a divorce question depends on factors such as the children of the divorced couple, finances, and conflict level between the parties. While uncontested divorce cases in Alaska resolve in a few months, however, the high conflict divorces involving custody disputes, property disagreements, domestic violence or other factors of magnanimous or complex nature can take around a year or more.
This post will dive deep into (i) stages involved in a typical Alaskan divorce, (ii) realistic timelines associated, (iii) the causes for delays, and (iv) what can be done to keep things moving. A note for readers that these timelines apply to dissolutions and divorce cases alike however the focus in this blogpost is on traditional divorce litigation, since those cases take longer and involve more court involvement.
The Step 1 and Filing of a Divorce Case
A divorce proceeding officially begins when one spouse, intending to divorce, files for it through a complaint for divorce in Alaska Superior Court. At a very atomic level, the filing spouse seeking divorce is the plaintiff, the other spouse is the defendant.
Alaska has a residency requirement; however, this requirement is not without an associated flexibility and provides that the filing spouse must simply be a resident at the time the case is filed. The AS 25.24.080, as a bypass to the residency requirement provides two conditions precedent, first being that the marriage has been solemnized and the second that the plaintiff is resident of the state of Alaska. AS 25.24.110 lays the proposition for an action to divorce, curating for a spouse ability to acquire a separate residence or domicile from that of the other spouse without reference among other factors to misconduct or consent of the other spouse.
Post filing, the complaint must be served on the defendant. The usual modes of service on the defendant are through (i) personal service, (ii) certified mail, or (iii) a process server. The law does not limit service to just the said modes. There are other modes permissible as well.
The typical time required for completing this step of the divorce process is 2-6 weeks. Essentially, the entire concern turnpikes on how quick the service is completed. However, in the case where the other spouse is living outside of the state or avoids service, the process of service alone can delay things.
The Step 2 Response Deadline
Post service of complaint, the defendant has 20 days to file an answer to the complaint. Note that the time provided to submit an answer may be longer if the complaint is served outside of Alaska. Typically, the time may be 3-6 weeks after service, depending on the time extensions which or scheduling through the court orders.
Failure to respond by way of an answer would enable the plaintiff to request a default by the Plaintiff. Defaults in such a case, however, are rarely automatic in divorce proceedings. This tends to be the case especially when children or property are involved. Courts still ensures fairness.
The Step 3 Temporary Orders on Need Basis
A divorce, generally, would seek to club and resolve a variety of attached controversies. The variety of issues that have to attended in either the divorce proceedings or other associated proceedings are critical to the dissolution of the marriage.
Most parties to the divorce proceedings simply cannot or are unable to wait to resolve these associated issues, pending the finality of a divorce. Perhaps some practical issues which are associated with the parting of the two persons involved in the divorce proceedings which the parties to the divorce proceedings would want to have settled are: (1) where do the parties get their residence; (2) temporary child custody; (3) child support; (4) temporary spousal support; (5) appropriation of bills onto each party; (6) appropriation of vehicles, use of bank accounts, or other marital assets.
The predominant way of seeking resolution of such disputes is by way of seeking temporary orders. These matters and orders in these matters are to be seen as stabilizing elements while divorce is proceedings are pending. Hearing in such matters may involve affidavits, financial disclosures, and even may include testimony. Orders in these matters are of temporary nature and are heavily relied upon by the courts when deciding the final outcome of the controversy.
The time duration for such matters and temporary orders, are typically pronounced in 1-3 months of the filing, however these timelines are not stringent, they may be impacted by availability of the court and court calendars. Temporary orders may speed cases up by providing structure, however on the contrary, such orders may also slow down the proceedings if the temporary orders are highly contested.
The Step 4 | Discovery and Information Gathering Phase
At the discovery stage parties to the divorce proceedings, essentially both spouses exchange financial and factual information, such as (i) income records, (ii) bank statements, (iii) credit card statements, (iv) property valuations, (vi) debt records, (vii) business records, (viii) tax returns, (ix) communications relevant to custody disputes.
Courts require full and complete disclosure so that the property division and custody decisions may be sorted and decided fairly. These matters are associated with the divorce. The common tools and modes for discovery are common such as interrogatories, requests for documents, subpoenas, depositions etc.
This stage of the proceedings is often the longest. Where the parties to the proceedings cooperate and exchange records promptly, then discovery would move quickly. When one spouse conceals information or refuses to cooperate, motions and hearings follow resulting in the expansion of the timeline. This stage of the proceeding could potentially take 3–9 months, depending on the complexity.
The Step 5 | Settlement and Mediation
Empirically speaking most Alaskan divorces do not go to trial, rather the courts encourage settlement whenever possible. Settlement becomes even more common in cases involving children.
Settlement may occur through informal attorney negotiations, through mediations, at settlement conferences with the court, or as a part of collaborative divorce discussions. Settlements therefore would resolve issues in totality or partly matters concerning custody and visitation, child or spousal support, property division, debt allocation or appropriation etc.
Either through a settlement negotiation or mediation, however it may be, if a party reaches settlement agreement and proposed final decree for court approval. Cases normally conclude shortly after settlement, sometimes within a few weeks of the execution of a settlement agreement.
The Step 6 Trial After Failing of Settlements
When spouses fail to reach an agreement so far as the settlements are concerned, by default then the case will have to go to trial. Upon entering the trial stage, the court will usually focus on a myriad of issues focusing on matters such as (i) what constitutes marital property for division, parenting schedules, decision-making authority, (ii) child support calculations, (iii) claims of hidden assets or misconduct, (iv) spousal support issues.
Alaska does not use juries in divorce proceedings and the judge makes the final rulings on all matters. Typical time frame to trial is normally nine months to one and a half years from filing of the complaint, however this timeline is dependent on the court’s docket and complexity of the issues involved. The trial preparation, court being cognizant of it, would add time to the final trial because the attorneys must in the process of the trial have to undergo exercises including those like preparation of witnesses, gathering expert witnesses, organization of exhibits, and review of finances.
The Step 7 | Award of Final Divorce Decree
Upon the award of the final divorce decree and the court signing the final decretal award the divorce proceedings conclude and the decree should resolve property division issues, debt allocation, child and spousal support orders, custody issues and visitation orders etc.
While the award of divorce decree is final in its element, there still remains room for modification subject to there being a substantial change in circumstances. The change of circumstances must directly relate to the part of the decree that is sought to be changed.
Factors Speeding Divorce Proceedings
Generally speaking divorces would move quick when the parties to the proceedings cooperate and disclose finances honestly, limit the contested issues, the divorce proceedings does not tend to address complex property issues. There are no concerns associated with safety which are addressed through a domestic violence order.
Any participation in good faith in mediation proceedings would substantially reduce the time required for the resolution through litigation as mediation would either remove need for litigation or substantially reduce the requirement for deliberation on multiple issues. In this regard, uncontested divorces could also at times conclude in 3-6 months.
Factors that Slow Divorce Proceedings
An antithesis to the factors that speed up divorces would dramatically slow down the same proceedings, including but not limited to, one or both spouses refusing cooperation, serious safety concerns existing as part of the equation, contested custody issues, one spouse hiding or draining the assets, relocation issues arising, and/ or matters of substance abuse allegation.
Concerns of Speedy Litigation In “No-Fault” Divorce
Alaska law permits no fault divorce on grounds including incompatibility of temperamental issue.” While a no-fault divorce simplifies the reason for divorce, it still maintains the concerns around (i) custody disagreements, (ii) financial disputes, (iii) property division analysis. Essentially meaning that while a no-fault divorce may cause for the parties to the establish divorce, but given the nature of the associated proceedings, it not necessarily guarantee speed.
For ease and convenience, the type of divorce and approximate/ general timelines associated are provided as hereunder:
| Type of Divorce | Approximate Timeline |
|---|---|
| Uncontested | 3–6 months |
| Moderately contested | 6–12 months |
| High-conflict / custody disputes | 12+ months |
These are a general reference and approximate timelines. The case may move faster or slower depending on various other circumstances which may be quite intricate, including the personality traits and the cooperation levels between the parties.
The best predictor or rather understanding of the timeline is the willingness of each spouse to resolve issues fairly and openly.