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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Adak Akhiok Akiachak Akiak Akutan
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