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Page 1 of 6 DR- 800 ( 10/15 )(cs) FINDINGS OF FACT AND CONCLUSIONS OF LAW (DIVORCE WITH CHILDREN AND PROPERTY ) IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT ) ) Plaintiff, ) ) vs. ) ) ) Case No. Defendant. ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW (DIVORCE WITH CHILDREN AND PROPERTY) T rial 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 Defendant did not appear appeared in person appeared by telephone Defendant was represented by self attorney 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 relie f 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. P laintiff defendant is a resident of the State of Alaska. 2. The parties married in on and ever since have been and now are married to each other . 3. The parties permanently separated on 4. There exists an incompatibility of temperament between the parties such that it is impossible for them to remain together as married persons . 5. Plaintiff asks to restore this prior name: Defendant asks to restore this prior name: Page 2 of 6 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 Defendant is currently pregnant. 7. 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. T he 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. A greement of the parties described below . The c ourt’s determination set forth separately and incorporated here by reference . The c ourt’s determination described below. If announced on the record, the following can be found at Media # Beg. Log # End Log # D ate 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. 10. 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 Page 3 of 6 DR- 800 ( 10/15 )(cs) FINDINGS OF FACT AND CONCLUSIONS OF LAW (DIVORCE WITH CHILDREN AND PROPERTY ) Schedule: Holidays: 11.Neither parent should sp eak 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. 12. Best interest and ot her findings about the child(ren). [Use this space to make specific findings o n the AS 25.24.150(c) best interest factors or i ncorporate findings made elsewhere in the record.] Page 4 of 6 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 B e 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 15. The plaintiff defendant should timely apply for the child(ren)’s Alaska Native Claims Settlement Act (ANCSA) dividends. 16. A child a nd medical support order should be entered and incorporated here by reference. PROPERTY ALLOCATION 17. Assets and debts to be awarded to plaintiff Plaintiff sh ould retain all assets and debts now in plaintiff’s possession and control . Plaintiff sh ould be awarded the following property and allocated the following debt : Assets Awarded to Plaintiff Value ($) Debts A llocated to Plaintiff Value ($) Total value of assets to plaintiff Less value of debts to plaintiff Equals net value to plaintiff Page 5 of 6 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 d ebt: Assets Awar ded 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 20. Other finding(s) about property and/ or debts: Page 6 of 6 DR- 800 ( 10/15 )(cs) FINDINGS OF FACT AND CONCLUSIONS OF LAW (DIVORCE WITH CHILDREN AND PROPERTY ) CONCLUSIONS OF LAW A. The court has personal jurisdiction over the parties and the child(ren), and subject matter jurisdiction over the marriage, custody, and child support disputes. B. A decree of divorce should be issued forever severing the bonds of matrimony now existing between the parties. C. I t is in the child(ren)’s best interest to award custody and visitation as set forth above. D. Child and medical support should be ordered as set forth above. A child support or der should be entered without delay. E. P roperty and debt (s) should be allocated as set forth above, which is fair and equitable. F. The plaintiff’s prior name should be restored . The defendant’s prior name should be restored. G. Other conclusion(s) of law: ENTERED this day of , 20 JUDGE OF THE SUPERIOR COURT Print or Type Name I certify that on a copy of this document was sent or given to: Clerk: Recommended for approval: Superior Court Master Date DR-805 (1 0/15 )(cs) DECREE OF DIVORCE AND JUDGMENT IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT ) ) Plaintiff, ) ) vs. ) ) Case No. ) Defendant. ) DECREE OF DIVORCE ) AND JUDGM ENT IT IS HERE BY ORDERED, ADJUDGED, AND DECREED as follows: 1. A decree of divorce is entered forever severing the bonds of matrimony now existing between the par ties. 2. Legal custody and physical custody of the minor child(ren) is awarded as set forth in t he Findings o f Fact and Conclusions of Law. 3. Child and medical support is ordered as set forth in the Child Support Order and in the chi ld support section of the Findings of Fact and Conclusions of Law . 4. Property and debt(s) are awarded as set forth in the Findings of Fact and Conclusi ons of Law. 5. Within days, the parties shall transfer property and execute any and all documents necessary to effectuate the distribution of property and debt as set forth in the Findings of Fact and Conclusions of Law . 6. Judgment is awarded to plaintiff defendant against plaintiff defendant in the amount of $ , and shall accrue interest at a rate of % per year, starting . This judgment shall be enforceable immediately in days if the transfer of property does not occur as ordered. 7. The plaintiff’s prior name is restored to . The defendant’s prior name is restored to . 8. Other: ENTERED this day of , 20 JUDGE OF T HE SUPERIOR COURT Print or Type Name I certify that on a copy of this document was sent or given to: Clerk: Recommended for approval: Superior Court Master Date