Findings Of Fact Conclusions Of Law {DR-800 & DR-805}

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT ) ) ) ) ) ) ) ) ) Plaintiff, vs. Defendant. Case No. FINDINGS OF FACT AND CONCLUSIONS OF LAW (DIVORCE WITH CHILDREN AND PROPERTY) Trial in this case was held on Settlement conference in this case was held on Plaintiff did not appear appeared in person appeared by telephone Plaintiff was represented by self attorney did not appear appeared in person appeared by telephone Defendant was represented by self attorney Defendant The record shows the defendant was served with summons and complaint for divorce, and Defendant did not file an answer or otherwise defend, and the matter proceeded by default. (Default) Defendant joined in signing the complaint filed an answer and did not contest the facts alleged or prayer for relief in the complaint. (Uncontested) Defendant filed an answer and the parties settled all issues. (Settlement) Defendant filed an answer and the parties proceeded to trial. (Contested) The court considered testimony and examined any evidence or agreements presented. The court now makes the findings of fact and conclusions of law set forth below. FINDINGS OF FACT BACKGROUND 1. 2. 3. 4. 5. Plaintiff defendant is a resident of the State of Alaska. The parties married in on and ever since have been and now are married to each other. The parties permanently separated on There exists an incompatibility of temperament between the parties such that it is impossible for them to remain together as married persons. Plaintiff asks to restore this prior name: Defendant asks to restore this prior name: American LegalNet, Inc. Page 1 of 6 www.FormsWorkFlow.com DR-800 (10/15)(cs) FINDINGS OF FACT AND CONCLUSIONS OF LAW (DIVORCE WITH CHILDREN AND PROPERTY) CHILD CUSTODY 6. The following child(ren) was(were) born to, or adopted by, the parties before and/or during the marriage: Child's Full Name Date of Birth Plaintiff 7. Defendant is currently pregnant. The court has jurisdiction over the child(ren). The child(ren) resided in Alaska for at least six consecutive months immediately before the complaint was filed in this case. When the complaint was filed, there was no other state with greater rights to jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. Other 8. The court considered the statutory factors set forth in AS 25.24.150(c), and AS 25.20.090 if appropriate, and finds that the best interests of the child(ren) will be served by: Agreement of the parties set forth separately and incorporated here by reference. Agreement of the parties described below. The court's determination set forth separately and incorporated here by reference. The court's determination described below. If announced on the record, the following can be found at Media # Beg. Log # End Log # Date 9. Legal custody (decision making) should be awarded to the plaintiff solely. defendant solely. parties jointly. Both parents should be listed on all educational and medical records. Physical custody should be awarded as follows: Primary to plaintiff Primary to defendant Shared by parties % to plaintiff % to defendant Divided custody Plaintiff has primary custody of Defendant has primary custody of Hybrid custody Plaintiff has primary custody of Defendant has primary custody of Parties to share physical custody of % to plaintiff % to defendant 10. American LegalNet, Inc. Page 2 of 6 www.FormsWorkFlow.com DR-800 (10/15)(cs) FINDINGS OF FACT AND CONCLUSIONS OF LAW (DIVORCE WITH CHILDREN AND PROPERTY) Schedule: Holidays: 11. Neither parent should speak badly about the other parent in front of the child(ren). Neither parent should allow anyone else to speak badly about the other parent or members of their family in front of the child(ren). The parents should not discuss the court case or custody investigation with the child(ren), or show them court papers at any time. Best interest and other findings about the child(ren). [Use this space to make specific findings on the AS 25.24.150(c) best interest factors or incorporate findings made elsewhere in the record.] 12. American LegalNet, Inc. Page 3 of 6 www.FormsWorkFlow.com DR-800 (10/15)(cs) FINDINGS OF FACT AND CONCLUSIONS OF LAW (DIVORCE WITH CHILDREN AND PROPERTY) CHILD SUPPORT 13. Child and medical support should Be ordered in accordance with Alaska Civil Rule 90.3. Vary from the child support award calculated under Civil Rule 90.3 because: If not varied, amount of support that would be required Estimated value of property awarded instead of support 14. $ $ The plaintiff defendant should timely apply for the child(ren)'s Alaska Permanent Fund Dividend (PFD) each year. The child(ren)'s PFD funds: May be spent for the child(ren)'s health education, and welfare. Should be saved in an interest-bearing account in both parent's names and both parents should have access to all statements from the account. Other The plaintiff defendant should timely apply for the child(ren)'s Alaska Native Claims Settlement Act (ANCSA) dividends. A child and medical support order should be entered and incorporated here by reference. 15. 16. PROPERTY ALLOCATION 17. Assets and debts to be awarded to plaintiff Plaintiff should retain all assets and debts now in plaintiff's possession and control. Plaintiff should be awarded the following property and allocated the following debt: Assets Awarded to Plaintiff Value ($) Debts Allocated to Plaintiff Value ($) Total value of assets to plaintiff Less value of debts to plaintiff Equals net value to plaintiff American LegalNet, Inc. Page 4 of 6 www.FormsWorkFlow.com DR-800 (10/15)(cs) FINDINGS OF FACT AND CONCLUSIONS OF LAW (DIVORCE WITH CHILDREN AND PROPERTY) 18. Assets and debts to be awarded to defendant Defendant should retain all assets and debts now in defendant's possession and control. Defendant should be awarded the following property and allocated the following debt: Assets Awarded to Defendant Value ($) Debts Allocated to Defendant Value ($) Total value of assets to defendant Less value of debts to defendant Equals net value to defendant 19. After considering the factors in AS 25.24.160, the court finds that the above property and debt allocation is fair and equitable requires the following cash offset in order to be fair and equitable: Plaintiff to pay to defendant the amount of $ within days Defendant to pay to plaintiff the amount of $ within days Other finding(s) about property and/or debts: 20. American LegalNet, Inc. Page 5 of 6 www.FormsWorkFlow.com DR-800 (