US Legal Forms
Alaska Marital Legal Separation and Property Settlement Agreement...

Alaska Marital Legal Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately

Name: Alaska Marital Legal Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.73 (416 reviews)

Category:

Family Law - Divorce - Separation - With Children

State:

Alaska

Control #:

AK-DO-11A

Format:

Instant download

Description

This Marital Domestic Separation and Property Settlement Agreement is a Separation and Property Settlement for persons with minor children. The parties do have joint property and/or debts. It provides that it is effective immediately and when a divorce action is filed, the agreement will be incorporated into the Final Judgment of Divorce. It contains detailed provisions for the division of assets and the payment of liabilities, custody of the children, visitation, child support, etc. It also contains provisions allowing for the payment or non-payment of alimony.

Apartment Rules and Regulations

View this form

Agreed Cancellation of Lease

View this form

Amendment of Residential Lease

View this form

Agreement for Payment of Unpaid Rent

View this form

Commercial Lease Assignment from Tenant to New Tenant

View this form

Handout for Grief, Mourning and Guilt

View this form

Discovery - Sample Letter to Attorney Oppo...

View this form

A04 Disorderly Conduct Restraining Order

View this form

Decree of Separation - With Children

View this form

Letter of Transmittal

View this form

Agreement for the Sale of Goods

View this form

Signed Statement of Professional Person

View this form

Corporate Records Maintenance Package for ...

View this form

Quitclaim Deed from Corporation to LLC

View this form

Living Trust for individual, who is single...

View this form

How to fill out Alaska Marital Legal Separation And Property Settlement Agreement Minor Children Parties May Have Joint Property Or Debts Effective Immediately?

Employing Alaska Marital Legal Separation and Property Settlement Agreement for Minor Children Parties May possess Joint Property or Debts effective Immediately samples crafted by proficient attorneys provides you the opportunity to avert complications when finalizing documents.

Simply download the template from our site, complete it, and request an attorney to verify it.

This approach can assist you in saving significantly more time and money compared to seeking a legal expert to create a document from scratch for you.

Make use of the Preview feature and review the description (if provided) to determine if you need this specific template. If so, simply click Buy Now. Search for another template using the Search field if necessary. Select a subscription that fits your requirements. Get started using your credit card or PayPal. Choose a file format and download your document. After completing all the above steps, you'll be able to fill out, print, and sign the Alaska Marital Legal Separation and Property Settlement Agreement for Minor Children Parties May possess Joint Property or Debts effective Immediately template. Remember to double-check all entered information for accuracy before submitting it or sending it out. Minimize the time you spend on document creation with US Legal Forms!

If you currently hold a US Legal Forms subscription, just Log In/">Log In to your profile and navigate back to the sample page.
Locate the Download button adjacent to the templates you are reviewing.
Shortly after downloading a template, you will find all of your saved samples in the My documents section.
If you lack a subscription, that’s not a significant issue.
Follow the steps below to register for your account online, acquire, and fill out your Alaska Marital Legal Separation and Property Settlement Agreement for Minor Children Parties May possess Joint Property or Debts effective Immediately template.
Double-check and ensure that you’re downloading the correct state-specific form.

Form popularity

FAQ

The law is that the court has jurisdiction over the people in the divorce case if the married couple lived in Alaska for at least six consecutive months within the six years before filing for divorce.

Alaska law specifically says that "in an action for divorce on the ground of adultery, a confession of adultery is not alone sufficient to justify a judgment of divorce."But when it comes to spousal maintenance in Alaska, adultery has no impact at all.

Alaska is a community property state, which means that virtually all assets and debt acquired during the duration of a marriage are considered marital property, and are thus divided equally between the spouses in the event of a divorce.Wages and income earned by either spouse during the marriage.

How long does a divorce take in Alaska? Once the Alaska divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Dissolution.

Pennsylvania: No common law contracted after Jan. Ohio: No common law if entered into on or after Oct. Indiana: No common law if entered into after Jan. Georgia: No common law after Jan. Florida: No common law entered into after Jan. Alabama: No common law after Jan.

Alaska law does not recognize common law marriage (unless the common law marriage occurred in a different state where such marriages are recognized and the parties then moved to Alaska).An unmarried domestic partner of either sex may not have the same opportunity to a fair property settlement as a married person.

A monthly payment of money made from one spouse to the other. Some people call this alimony, but in Alaska it is called spousal support. The court may order spousal support to be paid before the divorce is final, after the divorce, or both.

Where is common-law marriage allowed? Here are the places that recognize common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.

Trusted and secure by over 3 million people of the world’s leading companies

Marital Legal Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately

Note: This summary is not intended to be an all-inclusive discussion of the law of separation agreements in Alaska, but does include basic and other provisions.

General Summary: Separation and Property Agreements may be entered into before a divorce is filed to be effective immediately, or may be entered into after a divorce is filed to resolve all issues. Property Settlement and Separation Agreements are more closely scrutinized when part of an action for dissolution of marriage. The key factors are all a matter of fairness given the assets available to the parties and the obligations of the parties such as child support, earning capacity and prospects, etc.

Discussion: Agreements are governed by provisions of Title 25 of the Alaska Statutes.

Statutes:

Alaska Statutes
Title 25. MARITAL AND DOMESTIC RELATIONS
Chapter 25.24. DIVORCE AND DISSOLUTION OF MARRIAGE

Dissolution of marriage:

(a) A husband and wife together may petition the superior court for the dissolution of their marriage under AS 25.24.200 - 25.24.260 if the following conditions exist at the time of filing the petition:

(1) incompatibility of temperament has caused the irremediable breakdown of the marriage; ...

(3) the spouses have agreed as to the distribution of all real and personal property that is jointly owned or community property under AS 34.77, including retirement benefits and the payment of spousal maintenance, if any, and the tax consequences resulting from these payments; the agreement must be fair and just and take into consideration the factors listed in AS 25.24.160 (a)(2) and (4) so that the economic effect of dissolution is fairly allocated; and (4) the spouses have agreed as to the payment of all unpaid obligations incurred by either or both of them and as to payment of obligations incurred jointly in the future...Sec. 25.24.200.

Petition for dissolution:
...

(e) If the petition is filed by both spouses under AS 25.24.200 (a)[dissolution of marriage], 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. 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)...

(10) that the petition constitutes the entire agreement between the petitioners; and...Sec. 25.24.210.

Hearing:

(d) If the petition is filed by both spouses under AS 25.24.200

(a)[dissolution of marriage], the court shall examine the petitioners or petitioner present and consider whether ...

(2) the written agreements between the spouses concerning child custody, child support, and visitation are just as between the spouses and in the best interests of the children of the marriage; in determining whether the parents' agreement on visitation is in the best interests of the children under this paragraph, the court shall also consider whether the agreement should include visitation by grandparents and other persons;

(3) the written agreements between the spouses relating to the division of property, including retirement benefits, spousal maintenance, and the allocation of obligations are just; the spousal maintenance and division of property must fairly allocate the economic effect of dissolution and take into consideration the factors listed in AS 25.24.160 (a)(2) and (4);

(4) the written agreements constitute the entire agreement between the parties; and...

(g) The court may amend the written agreements between the spouses relating to child custody, child support, visitation, division of the property, including retirement benefits, spousal maintenance, and allocation of obligations, but only if both petitioners concur in the amendment in writing or on the record.(h) In its examination of a petitioner under (d) of this section, the court shall use a heightened level of scrutiny of agreements if...

(3) there is a minor child of the marriage; or (4) there is a patently inequitable division of the marital estate.

(i) If the court finds that a higher level of scrutiny is required by (h) of this section, the court shall examine the written agreements between the spouses to determine that they are just, that they constitute the entire agreement between the parties, and that the agreements concerning child custody, child support, and visitation are in the best interest of the children of the marriage, if any. The court shall require the presence of both spouses at a hearing for this purpose unless the court finds on the record that it would constitute a significant hardship on one of the spouses to appear and that a just agreement has been reached. If one of the spouses cannot attend the hearing because it would constitute a significant hardship, the court may require that spouse to be available by telephone to answer questions, at that spouse's expense. Sec. 25.24.220.

Judgment: (a) If the petition is filed under AS 25.24.200 (a), and is not subject to AS 25.24.220 (h), the court may grant the spouses a final decree of dissolution and shall order other relief as provided in this section if the court, upon consideration of the information contained in the petition and the testimony of the spouse or spouses at the hearing, finds that

(1) the spouses understand fully the nature and consequences of their action;
(2) the written agreements between the spouses concerning spousal maintenance and tax consequences, if any, division of property, including retirement benefits, and allocation of obligations are fair and just and constitute the entire agreement between the parties;
(3) the spousal maintenance and division of property fairly allocate the economic effect of dissolution and take into consideration the factors listed in AS 25.24.160 (a)(2) and (4);
(4) each spouse entered into the agreement voluntarily and free from the coercion of another person; and
(5) the conditions in AS 25.24.200 (a) have been met.

(b) If the petition is filed under AS 25.24.200 (a) and is subject to AS 25.24.220 (h), the court may grant the spouses a final decree of dissolution and shall order other relief as provided in this section if the court, upon consideration of the information contained in the petition and the testimony of the spouse or spouses at the hearing, finds that

(1) the spouses understand fully the nature and consequences of their action;
(2) the written agreements between the spouses concerning child custody, child support, and visitation are in the best interest of the children of the marriage, constitute the entire agreement of the parties on child custody, child support, and visitation, and, as between the spouses, are just;
(3) the written agreements between the spouses concerning spousal maintenance and tax consequences, if any, division of property, including retirement benefits, and allocation of obligations are just and constitute the entire agreement between the parties;
(4) the spousal maintenance and division of property fairly allocate the economic effect of dissolution and take into consideration the factors listed in AS 25.24.160 (a)(2) and (4);
(5) each spouse entered the agreement voluntarily and free from the coercion of another person; and
(6) the conditions in AS 25.24.200 (a) have been met.

(c) If the petition is filed by one spouse under AS 25.24.200 (b), the court may grant the spouse a final decree of dissolution and change the petitioner's name, if so requested, if the court, upon consideration of affidavits supplied by the spouse and the testimony of the spouse at the hearing, finds that

(1) the spouse present at the hearing understands fully the nature and consequences of the action;
(2) the conditions in AS 25.24.200 (b) have been met; and
(3) the requirements of AS 25.24.165 (b) have been satisfied, if a change of name is requested.

(d) The court shall dismiss a petition or continue action on a petition filed under AS 25.24.200 - 25.24.260 before findings are made if

(1) a representative of the unmarried children who are under the age of 19 objects to a term of an agreement between the spouses;
(2) either of the spouses withdraws from an agreement required under AS 25.24.200 (a); or
(3) the petition alleges that the conditions in AS 25.24.200 (b) exist, but the whereabouts of the absent spouse becomes known to the other spouse or the court before findings are made.

(e) The court shall deny the relief sought in a petition filed under AS 25.24.200 - 25.24.260 if the court does not make the findings required under (a) - (c) of this section.

(f) If the petition is filed by both spouses under AS 25.24.200 (a), the court shall change either spouse's name, if the spouse seeking a change of name to a name other than a prior name complies with AS 25.24.165(b), and shall fully and specifically set out in the decree the written agreements of the spouses and shall order the performance of those written agreements. The court shall also state, in the decree, whether child support payments are to be made through the child support enforcement agency. If the petition is filed by one spouse under AS 25.24.200(b), the decree must state that it does not bar future action on the issues not resolved in the decree. Sec. 25.24.230.

Case Law:

It is still the case that "`[s]tipulations and settlements are favored in law because they simplify, shorten and settle litigation without taking up valuable court resources,'" and that this principle applies in the context of divorce property settlements. Murphy v. Murphy, 812 P.2d 960 (Alaska 1991)(quoting Interior Credit Bureau, Inc. v. Bussing, 559 P.2d 104, 106 (Alaska 1977). It also remains the case that divorce property settlements do not receive the same statutorily-mandated level of heightened scrutiny that dissolution property agreements receive. It is equally the case, however, that even under the more relaxed scrutiny afforded property settlements in divorce actions, courts need not accept property settlements as controlling when the facts indicate that an agreement was not made with full understanding. Kerslake v. Kerslake, 609 P.2d 559 (Alaska 1980).

A property settlement incorporated into a divorce decree is merged into the decree, so that the rights of the parties derive from the decree, not the agreement. O'Link v. O'Link, 632 P.2d 225, 228 (Alaska 1981). If the divorce decree incorporates the property settlement agreement, the property division is a final judgment. O'Link v. O'Link, 632 P.2d 225, 228 (Alaska 1981).

There are four factors that may constitute extraordinary circumstances sufficient to set aside a property division in a final divorce decree under Rule 60(b)(6): (1) the fundamental, underlying assumption of the dissolution agreement had been destroyed; (2) the parties' property division was poorly thought out; (3) the property division was reached without the benefit of counsel; and (4) the [property in dispute] was the parties principal asset." Schofield v. Schofield, 777 P.2d 197, 202 (Alaska 1989). Because these factors merely serve as equitable factors for the court to consider, each factor need not be present in order for the court to properly grant Rule 60(b)(6) relief. Clausen v. Clausen, 831 P.2d 1257, 1260-61(Alaska 1992).

Principles of contract law are not applicable in an attempt to obtain relief from a final judgment [when the final judgment comprises] the terms of a property settlement incorporated into a divorce decree. Stone v. Stone, 647 P.2d 582, 584 (Alaska 1982). But, basic contract interpretation principles to the interpretation of a property division agreement incorporated into a divorce decree. Keffer v. Keffer, 852 P.2d 394, 397 (Alaska 1993).

[W]here a support provision is an integral part of the property settlement, Alaska courts generally hold that the support provision is not subject to later modification. Keffer v. Keffer, 852 P.2d 394, 397 (Alaska 1993). The primary question is whether the payments provided for were integrated into the property settlement or are part of a separable provision. Alimony payments are integrated into the property settlement when they constitute part of the consideration given for other property benefits. Keffer v. Keffer, 852 P.2d 394, 399(Alaska 1993). "Integration" is grounded on the theory that spousal support was, at least in part, negotiated as a "trade off" for other property benefits. Where a party receives alimony in exchange for claims on other property, it would be unjust to modify the alimony while leaving the remaining property distribution untouched.

Marital Legal Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately

Note: This summary is not intended to be an all-inclusive discussion of the law of separation agreements in Alaska, but does include basic and other provisions.

Discussion: Agreements are governed by provisions of Title 25 of the Alaska Statutes.

Statutes:

Alaska Statutes
Title 25. MARITAL AND DOMESTIC RELATIONS
Chapter 25.24. DIVORCE AND DISSOLUTION OF MARRIAGE

Dissolution of marriage:

(1) incompatibility of temperament has caused the irremediable breakdown of the marriage; ...

Petition for dissolution:
...

(10) that the petition constitutes the entire agreement between the petitioners; and...Sec. 25.24.210.

Hearing:

(d) If the petition is filed by both spouses under AS 25.24.200

(a)[dissolution of marriage], the court shall examine the petitioners or petitioner present and consider whether ...

(4) the written agreements constitute the entire agreement between the parties; and...

(3) there is a minor child of the marriage; or (4) there is a patently inequitable division of the marital estate.

(d) The court shall dismiss a petition or continue action on a petition filed under AS 25.24.200 - 25.24.260 before findings are made if

(e) The court shall deny the relief sought in a petition filed under AS 25.24.200 - 25.24.260 if the court does not make the findings required under (a) - (c) of this section.

Case Law:

Alaska Marital Legal Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately

Description

Related forms

Viewed forms

How to fill out Alaska Marital Legal Separation And Property Settlement Agreement Minor Children Parties May Have Joint Property Or Debts Effective Immediately?

Form popularity

FAQ

How long do you have to be separated before divorce in Alaska?

Is adultery a crime in Alaska?

Is Alaska a spousal state?

Is adultery illegal in Alaska?

How long does it take to get a divorce in Alaska?

What states do not recognize common law marriage?

Is Alaska a common law marriage state?

Does Alaska have spousal support?

What states common law marriage 2020?

Trusted and secure by over 3 million people of the world’s leading companies

Alaska Marital Legal Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately

Description

Related forms

Related legal definitions

Viewed forms

How to fill out Alaska Marital Legal Separation And Property Settlement Agreement Minor Children Parties May Have Joint Property Or Debts Effective Immediately?

Form popularity

FAQ

How long do you have to be separated before divorce in Alaska?

Is adultery a crime in Alaska?

Is Alaska a spousal state?

Is adultery illegal in Alaska?

How long does it take to get a divorce in Alaska?

What states do not recognize common law marriage?

Is Alaska a common law marriage state?

Does Alaska have spousal support?

What states common law marriage 2020?

Alaska Marital Legal Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately Related Searches

Trusted and secure by over 3 million people of the world’s leading companies