Alaska Divorce Information and
FAQ
Alaska requires that the spouse filing for divorce be a resident of the
state. There is no residency time limit for filing divorce actions. AS
25.24.080
Grounds for divorce A decree of divorce based upon the fault of one of
the parties may be granted in Alaska for any of the following grounds:
1. Failure to consummate the marriage. 2. Adultery. 3. Conviction of a
felony 4. Willful desertion for a period of one year. 5. Cruel and inhuman
treatment. 6. Personal indignities rendering life burdensome. 7.
Incompatibility of temperament. 8. Habitual drunkenness or addiction to
drugs, and, 9. Incurable mental illness. AS 25.24.050.
Dissolution of marriage Alaska permits "no-fault" divorces,
or dissolution of marriage, to awarded on the grounds of
"incompatibility of temperament" which has caused the
irremediable breakdown of the marriage. The petition must include detailed
provisions regarding custody and child support, visitation, alimony and
division of property. The spouses may jointly file for dissolution of
marriage if:
1. Incompatibility of temperament has caused the irremediable breakdown
of the marriage.
2. If there are unmarried children of the marriage under the age of
nineteen (19) or the wife is pregnant, all issues regarding custody,
support and visitation have been settled.
3. The spouses have agreed to the distribution of all real and personal
marital property and,
4. The parties have reached an agreement regarding the payment of all
unpaid obligations incurred by either or both of them, and for the payment
of obligations incurred jointly in the future.
Either parties may separately file for dissolution of marriage if: 1.
Incompatibility of temperament has cause the irremediable breakdown of the
marriage.
2. The petitioning spouse is unable to determine the other spouse's
position regarding dissolution of the marriage, division of property,
alimony, payment of debts, custody, child support, etc.
3. The other spouse cannot be served with process inside or outside the
state.
A spouse personally served may execute an Appearance and Waiver,
thereby dispensing with the need for that spouse to attend the hearing. AS
25.24.200-260.
Legal separation There is no specific provision in the Alaska Statutes
that provide for legal separation. Name of court and title of
action/parties An action for divorce in Alaska is filed in the Superior
Court. If the divorce is based upon grounds of fault, the title of the
action initiating the proceeding is a Complaint for Divorce, while the
title of the action granting the divorce is referred to as the Judgement
of Divorce. If the action is based upon the no-fault grounds permitted in
Alaska ("incompatibility of temperament"), the action is
entitled a Petition for Dissolution of Marriage, and the title of the
action granting the divorce is referred to as the Decree of Dissolution of
Marriage. If the action is based upon grounds of fault, the party filing
the action is referred to as the Plaintiff and the other party is the
Defendant. If the proceeding is based upon the no-fault grounds, the party
filing the action is the Petitioner, and the other party is the
Respondent.
Mediation Under most circumstances, a party to a divorce action may
file a motion requesting mediation for the purpose of achieving a mutually
agreeable settlement. The court on its own motion may order the parties to
participate in mediation if it determines that mediation may result in a
more satisfactory settlement between the parties. AS 25.24.060
Alimony/support Alimony may be awarded to either party without regard to
fault in either lump sum or installment payments. Factors the court may
consider in determining alimony include:
1. The length of the marriage and the station in life of the parties
during the marriage. 2. The age and health of the parties. 3. The earning
capacity of the parties. 4. The financial condition of the parties. 5. The
conduct of the parties, including whether there has been an unreasonable
depletion of marital assets. 6. The division of property. 7. Any other
relevant factors. AS 25.24.160
Child custody The court shall determine custody based upon the best
interests of the child. In determining the best interests of the child,
the court shall consider the following: 1. The physical, emotional,
mental, religious and social needs of the child.
2. The capability and desire of each parent to meet these needs.
3. The child's preferences if the child is of sufficient age and
capacity to form a preference.
4. The love and affection existing between the child and each parent.
5. The length of time the child has lived in a stable, satisfactory
environment and the desirability of maintaining continuity.
6. The desire and ability of each parent to allow an open and loving
frequent relationship between the child and the other parent.
7. Any evidence of domestic violence, child abuse or neglect.
8. Evidence of substance abuse.
9. Any other factors the court deems relevant. AS 25.24.150
Distribution of property Alaska is an equitable distribution state,
which means that the court will divide the marital property between the
parties as it deems equitable and just, without regard to fault. Factors
the court will consider in dividing the property include: 1. The length of
the marriage. 2. The age and health of the parties. 3. The earning
capacity of the parties. 4. The financial condition of the parties. 5. The
conduct of the parties, including whether there has been an unreasonable
depletion of marital assets. 6. The desirability of awarding the family
home, or the right to live in it for a reasonable period of time to the
party with custody of the child, if any. 7. The circumstances and
necessities of each party. 8. The time and manner of acquisition of the
property in question. 9. The income producing capacity of the property and
the value of the property at the time of division. AS 25.24.160.
Child support The court may order either or both parties to pay child
support, in either lump sum or periodic payments. Alaska has established
Child Support Guidelines which set the presumptive correct amount of child
support. Deviation from these guidelines require a showing that
application of the guidelines would result in a unjust result. AS
25.24.160. Name change In a judgment of divorce, the court may change the
name of either party. AS 25.24.165.
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