Alaska Divorce Laws and Resources

The following information is a resource on Alaska dissolution and divorce laws. You can also find divorce professionals, forms, support services, and information about child support.  In addition to the resources listed below, you can find more help and information in our divorce article section.

 

Professionals Divorce Lawyers Private Investigators Background Checks Divorce Support Support Groups Domestic Violence Shelters and Hotlines

Divorce Papers Divorce & Separation Forms Online Divorce  Divorce Form Preparation Family Law Resources Divorce Laws Child Support Guidelines Alaska Child Support Calculator Child Support Forms Child Support Enforcement

* Listings in the Resource and Professional Directory does not imply an endorsement by this website.  WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below.  If you provide a divorce related service and are interested in being listed in this directory, click here.

DIVORCE LAWYERS AND FIRMS

Law Office of Jody Brion
208 G Street, Suite 207
Anchorage, AK 99501
Phone: (907) 646-9980
Fax: (907) 646-9989

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Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post you legal issues with Legal Match and receive a reply from qualified attorneys in Alaska who can handle your case.  Legal Match is a good directory  that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

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DIVORCE FORM PREPARATION

Have All of Your Documents Completed For You!  This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Alaska.  You can get "Real Person" customer support by phone & e-mail, plus access  to 40 downloadable books (valued at over $750).   Start your online divorce today. 

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PRIVATE INVESTIGATORS

There are currently no private investigators for this state

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BACKGROUND CHECKS

Conduct Background Checks and Investigations - Obtain vital statistics, marriage and divorce records, credit record checks, criminal and court records, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.  Find out the truth about anyone!

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DIVORCE SUPPORT GROUPS

Divorce Care can help you locate a divorce support group in your area.  There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.

Partners in Prevention provides consulting and psychological services to domestic abuse survivors before, during and post divorce. Additionally, we serve as consulting experts in both civil and criminal domestic violence cases. We also offer continuing medical and nursing education in domestic abuse assessment and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058

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DOMESTIC VIOLENCE RESOURCES

Alaska Network on Domestic Violence and Sexual Assault
Domestic Violence Crisis and Support Services

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ALASKA DIVORCE LAWS

Divorce Statutes
General Divorce Information

Residency requirement:   The spouse filing for divorce is required to be a resident of Alaska if the marriage occurred within the state. If the marriage was not solemnized in the state, the residence of the other spouse in this state qualifies as residence to institute divorce proceedings.  There is no residency time limit for filing divorce actions. [Based on AK Statutes 25.24.080 and AS 25.24.090]

Grounds for divorce:   A divorce may be granted for any of the following fault grounds:

1. Failure to consummate the marriage.
2. Adultery.
3. Conviction of a felony.
4. Willful desertion for a period of one year.
5. Abuse or personal indignities rendering life burdensome.
6. Incompatibility.
7. Habitual drunkenness or addiction to drugs.
8. Incurable mental illness. [Based on Alaska Statutes 25.24.050]

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Alaska 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.  In a dissolution of marriage, both spouses agree to end the marriage, and are in agreement 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 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. [Based on AK Statutes 25.24.200-260].

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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 [AS 25.20.110 and AS 25.24.170]. 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.  [Based on Alaska Statutes 25.24.460, 25.24.400, and 25.24.450]

Name of court and title of action/parties: An action for divorce 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. 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. 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.

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Mediation:  A party to a divorce action may file a motion requesting mediation for the purpose of achieving a mutually agreeable settlement. The court may also order the parties to participate in mediation if it determines that mediation may result in a more satisfactory settlement between the parties. The court may not order or refer parties to mediation in a divorce proceeding if a protective order issued, unless the victim of the alleged domestic violence agrees to the mediation. [Based on AK Statutes 25.24.060]

Alimony/support:  Alimony may be awarded to either party without regard to fault in either lump sum or installment payments, for a limited or indefinite period of time. Factors that the court may consider in determining alimony include:

1. The length of the marriage and the standard of living established 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. [Based on AK Statutes 25.24.160]

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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. [Based on Alaska Statutes 25.24.160]

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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: 

• 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 preference.
• The love and affection existing between the child and each parent.
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
• The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent.
• Any evidence of domestic violence, child abuse or neglect.
• Evidence of substance abuse.
• Any other factors the court deems relevant. [Based on Alaska Statutes 25.24.150]

Child Support in Alaska:   The court may order either or both parties to pay child support, in either lump sum or periodic payments. The state has established Child Support Guidelines which sets the presumptive correct amount of child support. Deviation from these guidelines requires a showing that application of the guidelines would result in a unjust result. [Based on Alaska Statutes 25.24.160] 

Name change:   In a judgment of divorce, the court may change the name of either party. [Based on Alaska Statutes 25.24.165]