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Henry Dahut, J.D.
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Henry Dahut is a licensed California trial attorney. Over the course of his 25-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Alaska Divorce & Family Law Summary
Introduction
Alaska’s divorce rate is approximately 11.6 divorces per 1,000 married couples, significantly higher than the national average.
Choosing to divorce is a life-changing decision. Before deciding whether to end a marriage, one should understand their state’s divorce laws and how they may impact their lives and those of their children.
Alaska is a “no-fault” divorce state, meaning that a spouse does not need to prove fault or wrongdoing to obtain a divorce. Additionally, Alaska has a relatively short residency requirement, allowing individuals to file for divorce after living in the state for only 30 days. The state also has specific laws governing property division, spousal support, and child custody, which may differ from other states.
This state-law divorce summary provides information to help you move through the divorce process more confidently, avoid costly mistakes, and reach your desired outcome.
This article will cover the major legal principles in Alaska’s divorce laws and process. We will examine the legal steps involved in obtaining a divorce and the importance of seeking local and experienced legal counsel to guide and protect you through the divorce process.
Whether you are contemplating divorce or have already filed for divorce, this article will help you better understand Alaska’s divorce laws.
Alaska Residency Requirements
To file for divorce in Alaska, at least one spouse must meet the state’s residency requirements.
The residency requirements for divorce include:
- One spouse must have been a resident of Alaska for at least 30 days before filing for divorce.
- The spouse filing for divorce must also intend to remain a resident of Alaska. This means the spouse must genuinely intend to make Alaska their permanent home and not just temporarily reside in the state.
- Alaska law also requires that the spouse filing for divorce be domiciled in the state. In Alaska state law, domicile refers to where a person has a permanent home and intends to return after being away.
Grounds for Divorce in Alaska
A divorce in Alaska may be granted for any of the following fault grounds:
- Failure to consummate the marriage
- Adultery
- Conviction of a felony
- Willful desertion for one year
- Abuse of personal indignities rendering life burdensome
- Habitual drunkenness or addiction to alcohol and drugs
- Incurable mental illness.
Alaska Dissolution of Marriage: No-Fault
Alaska permits “no-fault” divorces, or dissolution of marriage, to be awarded on the grounds of “incompatibility of temperament,” which has caused the irremediable breakdown of the marriage.
In dissolution of marriage, both spouses agree to end the marriage and agree to all the stipulations of the divorce petition. The petition must include detailed provisions regarding custody and child support, visitation, alimony, division of property, and distribution of debts.
Either party may separately file for dissolution of marriage if:
- The incompatibility of temperament has caused the irremediable breakdown of the marriage.
- The petitioning spouse cannot determine the other spouse’s position regarding the dissolution of the marriage, division of property, alimony, payment of debts, custody, child support, etc.
- The other spouse cannot be served with the process inside or outside the state.
Legal Separation
A husband or a wife may, separately or jointly, file a complaint in the superior court for a legal separation.
A legal separation may be granted no more than once to the same married couple. Unless otherwise provided in the decree, provisions for child custody and visitation, child support, and spousal support included in a decree of legal separation are final orders subject to modification only as provided in.
If the decree of legal separation includes provisions for the division of property and debts of the marriage, the decree must state whether the division is an interim or final order. To the extent the division is not a final order, the court shall determine the parties’ respective rights to and responsibilities for property and obligations not finally distributed and as to any property or debts accrued by either party while the order is in effect.
Legal Tip
Alimony-Support In Alaska
Alimony may be awarded to either party without regard to fault in either lump sum or installment payments for a limited or indefinite period.
Factors that the court may consider in determining alimony include:
- The length of the marriage and the standard of living established during the marriage.
- The age and health of the parties.
- The earning capacity of the parties.
- The financial condition of the parties.
- The parties’ conduct, including whether there has been an unreasonable depletion of marital assets.
- The division of property.
- Any other relevant factors.
Division 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:
- The length of the marriage.
- The age and health of the parties.
- The earning capacity of the parties.
- The financial condition of the parties.
- The parties’ conduct, including whether there has been an unreasonable depletion of marital assets.
- The desirability of awarding the family home, or the right to live in it for a reasonable period to the party with custody of the child, if any.
- The circumstances and necessities of each party.
- The time and manner of acquisition of the property in question.
- The property’s income-producing capacity and the property’s value at the time of division.
Child Custody
The court shall determine custody based on the best interests of the child. In determining the best interests of the child, the court shall consider the following:
The physical, emotional, mental, religious, and social needs of the child:
- The capability and desire of each parent to meet these needs
- The child’s preferences, if the child is of sufficient age and capacity to form a choice
- The love and affection existing between the child and each parent
- The desire and ability of each parent to allow an open and loving frequent relationship
- Any evidence of domestic violence, child abuse, or neglect. Evidence of substance abuse. Any other factors the court deems relevant
Child Support in Alaska
The court may order either party to pay child support in a lump sum or periodic payments. The state has established Child Support Guidelines, which set the presumptively correct amount of child support. Deviation from these guidelines requires a showing that applying the guidelines would result in an unjust result.
Alaska Divorce Courts On Pet Rights:
Divorce Mediation
A party to a divorce action may file a motion requesting mediation to achieve a mutually agreeable settlement. The court may also order the parties to participate in divorce mediation if it determines that mediation may result in a more satisfactory settlement. The court may not order or refer parties to mediation in a divorce proceeding if a restraining order is issued unless the alleged domestic violence victim agrees to the mediation.
Same-Sex Divorce In Alaska
If I am in a same-sex marriage, can I get a divorce in Alaska?
Yes. According to Alaska divorce and family laws, a same-sex married couple can file the same paperwork as any married couple in Alaska to get a divorce. To start a case in court, you must file a document called either a complaint or a petition and the required attachments. The kind of complaint or petition you file will depend on your situation.
Source and References
Alaska Divorce and Family Laws
State Regulations On Child-Support Rules
Alaska Child Support Guidelines
