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Alaska Divorce Info

Alaska Divorce Laws

Residency requirement: 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

Use of spouse's residence Where one spouse is plaintiff in an action for divorce or to declare void a marriage that was not solemnized in the state, the residence of the other spouse in this state inures to the plaintiff's benefit and the action may be instituted if the other spouse is at the time of its commencement qualified as to residence to institute a similar action. AS 25.24.090.

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.
  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.

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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.

Effect of separation A decree of legal separation does not restore the parties to the status of unmarried persons. A decree of legal separation modifies the parties' rights and responsibilities as married persons only to the extent specified in the decree of separation. AS 25.24.460

Complaint for 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. AS 25.24.400

Decree:

(a) If a court finds that the grounds specified under AS 25.24.410 exist, the court may enter a decree of legal separation.

(b) 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 AS 25.20.110 and AS 25.24.170.

(c) If the decree of legal separation includes provisions for 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. AS 25.24.450

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

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Chapter 111 of 2004
"An Act relating to awarding child custody; and providing for an effective date."
Bill Text for HB 385 23rd Legislature
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Section 1. AS 25.20.060(a) is amended to read:
(a) If there is a dispute over child custody, either parent may petition the superior court for resolution of the matter under AS 25.20.060 25.20.130. The court shall award custody on the basis of the best interests of the child. In determining the best interests of the child, the court shall consider all relevant factors,including those factors enumerated in AS 25.24.150(c), and the presumption established in AS 25.24.150(g). In a custody determination under this section, the court shall provide for visitation by a grandparent or other person if that is in the best interests of the child.
* Sec. 2. AS 25.20.070 is amended to read:
Temporary custody of the child. Unless it is shown to be detrimental to the welfare of the child considering the factors under AS 25.24.150(c), or unless the presumption under AS 25.24.150(g) is present, the child shall have, to the greatest degree practical, equal access to both parents during the time that the court considers an award of custody under AS 25.20.060 25.20.130.
* Sec. 3. AS 25.20.090 is amended to read:

Sec. 25.20.090. Factors for consideration in awarding shared child custody. In determining whether to award shared custody of a child the court shall consider:

  1. the child's preference if the child is of sufficient age and capacity to form a preference;
  2. the needs of the child;
  3. the stability of the home environment likely to be offered by each parent;
  4. the education of the child;
  5. the advantages of keeping the child in the community where the child presently resides;
  6. the optimal time for the child to spend with each parent considering;
    • (A) the actual time spent with each parent;
    • (B) the proximity of each parent to the other and to the schoolin which the child is enrolled;
    • (C) the feasibility of travel between the parents;
    • (D) special needs unique to the child that may be better met by one parent than the other;
    • (E) the willingness and ability of each [WHICH] parent [IS MORE LIKELY] to facilitate and encourage a close [FREQUENT] and continuing relationship between [CONTACT WITH] the other parent and the child,except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child;
  7. any findings and recommendations of a neutral mediator;
  8. any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
  9. evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
  10. other factors the court considers pertinent.
* Sec. 4. AS 25.24.150(c) is amended to read:
(c) The court shall determine custody in accordance with the best interests of the child under AS 25.20.060 25.20.130. In determining the best interests of the child the court shall consider:
  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 preference 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 willingness [DESIRE] and ability of each parent to facilitate [ALLOW AN OPEN] and encourage a close [LOVING FREQUENT RELATIONSHIP BETWEEN THE CHILD] and continuing relationship between the other parent and the child, except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child;
  7. any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
  8. evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
  9. other factors that the court considers pertinent.
* Sec. 5. AS 25.24.150 is amended by adding new subsections to read:
(g) There is a rebuttable presumption that a parent who has a history of perpetrating domestic violence against the other parent, a child, or a domestic living partner may not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody of a child.
(h) A parent has a history of perpetrating domestic violence under.
(g) of this section if the court finds that, during one incident of domestic violence, the parent caused serious physical injury or the court finds that the parent has engaged in more than one incident of domestic violence. The presumption may be overcome by a preponderance of the evidence that the perpetrating parent has successfully completed an intervention program for batterers, where reasonably available, that the parent does not engage in substance abuse, and that the best interests of the child require that parent's participation as a custodial parent because the other parent is absent, suffers from a diagnosed mental illness that affects parenting abilities, or engages in substance abuse that affects parenting abilities, or because of other circumstances that affect the best interests of the child.
(i) If the court finds that both parents have a history of perpetrating domestic violence under (g) of this section, the court shall either;
  1. award sole legal and physical custody to the parent who is less likely to continue to perpetrate the violence and require that the custodial parent complete a treatment program; or,
  2. if necessary to protect the welfare of the child, award sole legal or physical custody, or both, to a suitable third person if the person would not allow access to a violent parent except as ordered by the court.
(j) If the court finds that a parent has a history of perpetrating domestic violence under (g) of this section, the court shall allow only supervised visitation by that parent with the child, conditioned on that parent's participating in and successfully completing an intervention program for batterers, and a parenting education program, where reasonably available, except that the court may allow unsupervised visitation if it is shown by a preponderance of the evidence that the violent parent has completed a substance abuse treatment program if the court considers it appropriate, is not abusing alcohol or psychoactive drugs, does not pose a danger of mental or physical harm to the child, and unsupervised visitation is in the child's best interests.
(k) The fact that an abused parent suffers from the effects of the abuse does not constitute a basis for denying custody to the abused parent unless the court finds that the effects of the domestic violence are so severe that they render the parent unable to safely parent the child.
* Sec. 6. This Act takes effect July 1, 2004.
Effective: June 29, 2004.

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.