(a) After a petition for dissolution is filed under the provisions of Alaska Stat. § 25.24.210, a hearing shall be scheduled in accordance with the Alaska Rules of Civil Procedure.
Terms Used In Alaska Statutes 25.24.220
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) Except as provided in (i) of this section, if the petition is filed by both spouses under Alaska Stat. § 25.24.200 (a), both spouses shall attend the hearing personally and not through counsel. However, if the petition is not subject to (i) of this section, a spouse who complies with Alaska Stat. § 25.24.200 (c) is not required to attend the hearing. Either spouse may have counsel at the hearing.(c) If the petition is filed by one spouse under Alaska Stat. § 25.24.200 (b), that spouse shall submit proof of diligent inquiry as to the whereabouts of the absent spouse and provide notice by publication, posting, or other means as ordered by the court under the Alaska Rules of Civil Procedure.(d) If the petition is filed by both spouses under Alaska Stat. § 25.24.200 (a), the court shall examine the petitioners or petitioner present and consider whether
(1) the spouses fully understand the nature and consequences of their action;(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 Alaska Stat. § 25.24.160 (a)(2) and (4);(4) the written agreements constitute the entire agreement between the parties; (5) the conditions in Alaska Stat. § 25.24.200 (a) have been met; and(6) the written agreements between the spouses concerning ownership or joint ownership of an animal take into consideration the well-being of the animal.(e) If the petition is filed by one spouse under Alaska Stat. § 25.24.200 (b), the court shall examine the petitioner and consider whether the petitioner fully understands the nature and consequences of the action and whether the conditions in Alaska Stat. § 25.24.200 (b) have been met.(f) The court may appoint a guardian ad litem to represent the best interests of the child. Appointment of a guardian ad litem or attorney for the child shall be made under the terms of Alaska Stat. § 25.24.310.(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, ownership or joint ownership of an animal, taking into consideration the well-being of the animal, 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
(1) one party is represented by counsel and the other is not;(2) there is evidence that a party committed a crime involving domestic violence during the marriage or if any of the following has been issued or filed during the marriage by or regarding either spouse as defendant, participant, or respondent:
(A) a criminal charge of a crime involving domestic violence;(B) a protective order under Alaska Stat. § 18.66.100 – 18.66.180;(C) injunctive relief under former Alaska Stat. § 25.35.010 or 25.35.020; or(D) a protective order issued in another jurisdiction and recognized in this state under Alaska Stat. § 18.66.140;(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.
