Alaska

Civil Procedure

Civil Procedure

Rule 90.1 – Dissolution of Marriage, Divorce, and Legal Separation Actions

(a)Dissolution of Marriage.

(1)Commencement of Action. An action for dissolution of marriage under AS 25.24.200.260 shall be commenced by the filing of a petition in superior court containing the recitations required by statute. The petition may not be filed more than 60 days after the date of the signature of the first person signing the petition.
(2)Verification. The petition shall be signed and verified by both petitioners if the petition is filed by husband and wife together or by the petitioner filing the action if filed separately.
(3)Form of Petition. The petition may be filed on forms approved by the supreme court. Information may be inserted on the form in legible handwriting.
(b)Divorce Actions — Corroborating Witnesses Not Required. No corroborating witnesses as to legal residence shall be required in any divorce action unless ordered by the court; provided however, that the evidence of such residence shall be specific as to time, place, and manner of residence, and to the pertinent facts in the knowledge of the party attending to corroborate such residence.
(c)Hearing of Divorce and Dissolution Cases. Unless otherwise ordered upon good cause shown, no divorce or dissolution action shall be tried or heard on the merits within thirty days of the filing of the complaint.
(d)Divorce Actions Discovery and Disclosure. Discovery and disclosure in divorce actions is governed by Civil Rule 26.1.
(e)Divorce Actions — Property Division Table. In divorce cases involving property division disputes, and unless otherwise ordered by the court, the parties shall file and serve the information required by this paragraph 5 days before trial is scheduled to begin. The required information consists of:

(1) a list, including a brief description of all assets and liabilities of the parties, whether owned jointly or individually;
(2) whether the party asserts each asset or liability is marital property, separate property of the husband, or separate property of the wife;
(3) the value of each asset and liability; and
(4) the proposed disposition, if any, of each asset or liability.
(f)Confidential Information.

(1)Social Security Numbers. Social security numbers, when required, shall not become part of the public record and shall be provided to the court confidentially as follows:

(A) A petition for dissolution or a complaint and answer for divorce, custody, legal separation, or annulment must be accompanied by an information sheet stating the name, date of birth, and social security number of each party to the action and each child who is or may be subject to a child support order in the action, to the extent known. The information sheet is confidential and shall not be considered part of the public record. The clerk of court shall provide a copy of the confidential information sheet to the Child Support Services Division upon request or whenever the court provides a child support order to a child support agency as required by state law. The clerk of court may also disclose the social security numbers on the confidential information sheet to the Bureau of Vital Statistics upon entry of a decree of divorce, dissolution, legal separation, or annulment of marriage, as required by state law. Further disclosure shall be authorized by court order only upon a showing of good cause.
(B) Once a complete confidential information sheet has been submitted to the court listing names, dates of birth, and social security numbers as required, the parties shall omit or redact social security numbers from documents subsequently filed in the action unless otherwise ordered by the court.
(C) A person whose interest in confidentiality may be adversely affected by disclosure of a social security number on a document filed in an action may move for an order requiring (i) the social security number to be redacted or the document to be treated as confidential, if the document has already been filed with the social security number included, or (ii) the document to be filed with the social security number redacted, if the document has not yet been filed.
(2)Financial Account Numbers. Unless otherwise ordered by the court, financial account numbers, when required under subsection (e) of this rule or when submitted in support of a motion, need not be provided in full. To protect against public disclosure of sensitive financial information, partial account numbers may be provided, as follows:

(A) a party may identify any credit card, bank card, or debit card account by using only the last four digits of the account number and the name of the issuing institution;
(B) a party may identify any bank, credit union, or other financial institution account by using only the last three digits of the account number and the name of the financial institution; and
(C) a person whose interest in confidentiality may be adversely affected by disclosure of a financial account number on a document filed in an action may move for an order requiring (i) the financial account number to be redacted or the document to be treated as confidential, if the document has already been filed with the financial account number included, or (ii) the document to be filed with the financial account number redacted, if the document has not yet been filed.
(g)Qualified Domestic Relations Orders. The party submitting a proposed Qualified Domestic Relations Order, or any similar order requiring the social security number of the beneficiary and alternate payee, shall submit a duplicate of the original proposed order with the social security number of the beneficiary and alternate payee redacted. The original proposed order is confidential and shall not be considered part of the public record. Only the redacted duplicate shall become part of the public case file.
(h)Applicability. Subsections (f) and (g) of this rule apply to documents filed with the court on or after October 15, 2006.
(i)Action for Divorce, Dissolution, or Annulment Filed After Action for Legal Separation.

(1)Notice of Legal Separation Action. A divorce, dissolution, or annulment action that is filed after the filing of an action for legal separation must include notice of the prior action.
(2)Consolidation of Cases. The consolidation of a divorce, dissolution, or annulment action with a legal separation action previously filed in Alaska is governed by AS 25.24.430 and Civil Rule 42(a).
(j)Action for Legal Separation – Commencement. An action for legal separation under AS 25.24.400-.460 is commenced by the filing of a complaint in the superior court.

Alaska R. Civ. P. 90.1

Added by SCO 2521 effective September 22, 1976; amended by SCO 265 effective January 1, 1977; by SCO 370 effective August 1, 1979; by SCO 717 effective September 15, 1986; by SCO 805 effective August 1, 1987; by SCO 975 effective July 15, 1989; by SCO 1172 effective July 15, 1995; by SCO 1266 effective July 15, 1997; by SCO 1295 effective January 15, 1998; by SCO 1325 effective July 15, 1998; by SCO 1595 effective October 15, 2006; and by SCO 1596 effective October 15, 2006

Sections 41, 43, 45, and 46 of chapter 87 SLA 1997 amend AS 25.20.050(n), AS 25.24.160(d), AS 25.24.210(e), and AS 25.24.230(i), respectively, to require that an order or acknowledgement of paternity, a divorce decree, a petition for dissolution of marriage, and a dissolution decree include the social security number of each party to the action and each child whose rights are being addressed. According to ยง 151 of the Act, these provisions have the effect of amending Civil Rules 52, 58, 78, and 90.1 by requiring the court to include social security numbers, if ascertainable, of parties and children in certain petitions, pleadings, and judgments.