The Dissolution Process
by Craig B. Partyka

  
 For people who are able to work out a complete agreement regarding how to divide their property and how to raise their children, a dissolution is usually cheaper and less stressful than a divorce.  (I outline the divorce process in a separate article on this web site.)  As with filing for divorce, there is a $150 filing fee that must be paid to the court when seeking a dissolution.

 At the courthouse you will find a dissolution packet that contains complete instructions on how to fill out the paperwork – called a petition for dissolution of marriage.  Within this packet you will state the terms of your agreement.  The court also provides separate packets for people who have children and a separate sample custody agreement.  The sample agreement contains detailed options that you may choose from regarding custody and visitation issues. 

 Your agreement regarding property division must include everything that you own, including insurance and retirement benefits.  The division of your property should be fair and equitable, but this does not necessarily mean equal.  The court will examine your particular circumstances.  For example, the court will take into account when certain property was acquired, the financial circumstances of both parties, the length of the marriage, the health and age of the parties and whether one party will receive spousal support from the other.  Property not acquired during the marriage is generally not subject to division by the court.  However, the court may recommend dividing premarital property (acquired before the marriage) so as to provide for the best interests of the children.  If the parties do not agree on the disposition of premarital property, however, the court may either dismiss the case or allow the parties more time to revise their agreement.

 The court also examines your agreement regarding custody and visitation with the children.  The agreement must be in the children’s best interests and may provide for a grandparent’s or other third person’s visitation with the children.  I recommend reviewing the court’s sample custody and visitation agreement.  It can be very helpful in deciding on a custody and visitation plan.  Many alternative arrangements regarding visitation schedules, out of town arrangements, holidays, summers, transportation costs, etc. are stated in the sample document.

 The dissolution packet also provides instructions on how to calculate support. Child support is calculated by formula set in Alaska law.  Both parties’ income information must be made available and submitted to the court.  Child support cannot be waived - or given up - by private agreement.  However, if both parties consent in writing to waive child support and the court finds that adequate resources exist to support the children, the court may grant a waiver and not order child support.  In most situations child support is ordered, since courts find that it is in the best interests of the children to be supported by both parents.  Child support can be paid through the State of Alaska’s Child Support Enforcement Division or to the other parent directly.

 Because your legal rights and responsibilities are affected by the termination of your marriage, I recommend that you have an attorney review your settlement agreement before filing the agreement with the court.  Some of our clients have found the dissolution paperwork to be overwhelming. 

 Attorney, Craig B. Partyka, of the law office of Cook Schuhmann and Groseclose, Inc. provides legal consultations and services primarily in family law, estate planning, and corporate matters.  Please call Craig’s office at (907) 452-1855 to set up an appointment.

 This article is not intended to provide legal advice and should not be relied upon for that purpose.