Alaska Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, you cannot use Alaska's affidavit-only process — that requires both parties' signatures. Instead, file an individual Petition and proceed through the contested route.

Individual Petition — Overview

1. File Petition for Dissolution of Marriage at Alaska Superior Court; pay $250
2. Serve the Respondent
3. Respondent has 20 days to file an Answer (Alaska Civil Rule 12(a))
4. If no Answer: file Motion for Default; default entered; proceed to default hearing or judgment
5. If contested: discovery, hearings, potential trial

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service. Fastest option.

Option 2 — Process Server

Private process servers licensed in Alaska. Cost: ~$75–$150.

Option 3 — Trooper / Marshal Service

Service by Alaska State Troopers or U.S. Marshals (remote areas). Cost: ~$50–$100.

Option 4 — Publication

If your spouse cannot be located after diligent search:

1. File Motion for Service by Publication with Affidavit of Due Diligence
2. Court grants permission
3. Publish in Alaska newspaper
4. File Affidavit of Publication

Alaska remote communities: Service in remote communities without road access may require coordination with the Alaska State Troopers or village public safety officers. Allow extra time.

After Service — 20-Day Response Deadline

The Respondent has 20 days after personal service to file an Answer (Alaska Civil Rule 12(a)). File a Motion for Default if no Answer is received.

Default Process

1. File Motion for Default after 20-day deadline passes
2. Default entered against Respondent
3. Proceed to default hearing (unlike the affidavit process, a hearing is typically required for default)
4. Present testimony: grounds (incompatibility of temperament); marital property evidence
5. Judge enters Decree of Divorce by default

Temporary Orders

File a Motion for Temporary Orders during the case:

• Temporary alimony/spousal support
• Exclusive possession of the marital home
• Temporary custody and child support (if children)
• Injunction against dissipation of marital assets

Last reviewed: March 2026 | Individual Petition + service required (no affidavit process for contested) | 20-day response deadline (Alaska Civil Rule 12(a)) | Default hearing required | No waiting period | Equitable distribution | Temporary orders available | Superior Court | courts.alaska.gov/selfhelp/family/divorce.htm | alsc-law.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.