Do I need a Lawyer for an Uncontested Divorce?
Author: Breanna Jingco
If you and your spouse agree on all major issues, you can usually complete an uncontested divorce in Alaska without hiring an attorney. However, even in amicable divorces, legal advice can help ensure your agreement protects your interests and complies with Alaska law.
Whether you live in Anchorage, Eagle River, Wasilla, Palmer, or elsewhere in Alaska, an uncontested divorce can often be completed with fewer court appearances and less conflict than a contested divorce.
What is an Uncontested Divorce in Alaska?
An uncontested divorce occurs when both spouses agree that the marriage should end and have reached an agreement on all issues. This includes agreeing on how you two will divide marital assets and debts such as:
· Bank Accounts
· Retirement Accounts
· Real Property
· Loans
If you have children together, this also includes agreeing on how you intend to share custody and parenting responsibilities, such as:
· Custody Schedules
· Holiday and Vacation Schedules
· Child Support Calculations
Some couples will work together to draft the agreement that divides marital assets and sets child custody. For others, they can draft the agreement and present it to the other spouse to review and sign. And sometimes the parties go back and forth and take longer to reach an agreement. This is when parties start to negotiate and legal issues can arise regarding the terms of the divorce. Legal issues can also arise when parties do not fully understand the consequences of the terms agreed on.
What Does the Alaska Divorce Process Look Like?
The Alaska Court System is relatively user friendly with their online self-help website and hotline that is staffed and available for any questions you may have. The website contains various forms you will need to use, videos about the process, and instructions on how to file your Uncontested Complaint for Divorce. Usually, when you file the documents, the court will review it, create a case, and then schedule a hearing to put your agreement “on the record,” to finalize the divorce. This process is not expedited or quick, the timeline always depends on the court backlog and the judge’s calendar. While every case is different, uncontested divorces are often finalized within a few months after filing. The timeline depends on court staffing, scheduling, and completeness of the filed documents.
At the Settlement Hearing that gets scheduled with the court, the judge may ask you questions about the agreement, including but not limited to the following:
· Do you want to move forward with this agreement today?
· Does this agreement reflect your understanding of how the marital estate is being divided?
· Does this agreement reflect your understanding of how child custody is arranged?
· Have you had time to review the agreement?
You should remember that while you may file an Uncontested Complaint for Divorce, some spouses do not see it all the way through. Someone may grow uncomfortable with the agreement, decide they want to seek legal advice from an attorney, or events unfold that lead to a more contentious relationship with the other person. Even at the Settlement Hearing, a person can decide they no longer agree to the terms in the agreement. If this happens, you may want to consider hiring a divorce attorney.
When Should I Consider Hiring a Divorce Attorney in Alaska?
While the Alaska Court System is user friendly, there are situations where legal assistance may be critical.
1. You Own a Home or Other Real Estate
Dividing property typically involves more than deciding who keeps the house. Issues may arise including, refinancing, determining equity, and transferring title. An attorney can help ensure these issues are properly addressed in your divorce agreement.
2. You Own a Business
Even when spouses agree on the terms of the divorce, a business can be complicated when it comes to property division. Issues may arise related to valuation, ownership interest, business debts, future operations, and future earning capacity. Legal advice can help prevent unintended consequences that may affect the business after the divorce is finalized.
3. You Have Children and Cannot Agree on a Parenting Schedule
Parents may agree to shared custody, but conflict may arise when discussing parenting schedules, holidays, transportation, and child support. A divorce attorney can help create a plan that minimizes future disputes and addresses your children’s needs.
4. Communication With Your Spouse Has Become Difficult
Filing an uncontested divorce in Alaska is not always an easy process. Depending on the situation, this could result in a breakdown of communication between spouses. If this happens, an attorney can communicate with the other person and assist with moving the process toward resolution.
5. You Are Unsure Whether the Agreement is Fair
Many couples comfortably reach an agreement on how they want to divide property or share custody when they get divorced, but want reassurance before signing legal documents. A consultation and limited representation for document review and advice can help identify potential legal issues and provide peace of mind before the agreement is filed with the court.
6. You Want to Reduce Stress During the Divorce Process
Going through a divorce can be emotionally draining and extremely stressful. Hiring a divorce attorney can help reduce your stress and give you the opportunity to process this change in life, make arrangements, or focus on caring for your children. Allow your attorney to take on the work by preparing documents, talking to your spouse, and representing you in court and every step of the way until the divorce is final.
How Artio Law Can Help
Artio Law can assist you with preparing for your uncontested divorce. Whether you need full representation on an hourly fee basis or you want an attorney to review your agreement or draft documents before filing on a flat rate basis. We work with clients throughout Anchorage and surrounding communities who are seeking practical, cost-effective solutions for uncontested divorce matters.
Contact Artio Law today to schedule a consultation.
