Divorce

The basic difference between dissolution and divorce relates to whether the spouses agree on all of the issues related to the end of the marriage or not. In addition, dissolution does not assign fault to either party while divorce does. In either case, ultimately, a divorce decree will be granted but the process for getting that order will be more or less complicated depending on whether a divorce or dissolution is filed.

A dissolution is where both spouses agree on the following:

1. how to divide any property or debt;
2. the amount of spousal support and child support;
3. custody and visitation of any children of the marriage; and
4. equitable division of assets such as 401K, retirement benefits, etc.¹

Unlike in a divorce where a spouse has to allege a reason or “ground” for divorce, the dissolution petition lists the reason for dissolution as “Our marriage has broken down and we no longer want to be married.” In the law, the technical language for this is “incompatibility of temperament has caused the irremediable breakdown of the marriage.”²

To file for a dissolution, both spouses usually jointly fill out, sign, and file dissolution papers with the court. However, it could be possible for one spouse to apply on his/her own if the whereabouts of the other spouse are unknown and that spouse cannot be personally served with the court papers.³ In a dissolution proceeding, a short hearing is usually scheduled, allowing the judge to go over all the particulars and make sure everything is in order before issuing a final decree of divorce.⁴

If the marriage lasted less than two years, there are no children, and there are no property or debts to divide, an alternative option is to file for an uncontested divorce. You may want to get advice from a lawyer as to the pros and cons of filing for an uncontested divorce complaint via a dissolution petition.

A divorce is filed when both spouses are not in agreement on all four issues listed above. In addition, the spouses may not be in agreement as to the reason (“ground”) for why the marriage ended. In this case, one spouse files a divorce complaint with the court and proposes a property, debt, equitable distribution, support, and custody division. The other spouse would then file an answer and/or a counterclaim that proposes his/her own division of those issues. The court will then schedule a trial, providing both spouses with a chance to argue their case, before making a final decision.⁴

¹ Alaska Statute § 25.24.200(a)(2), (a)(3)
² Alaska Statute § 25.24.200(a)(1)
³ Alaska Statute § 25.24.200(a), (b)
⁴ Alaska Statute § 25.24.220(b), (c); see AlaskaLawHelp.org