Divorce in Alaska
Divorce Laws and Resources

By Tracy Achen, WomansDivorce.com editor

The following information about divorce in Alaska includes an overview of the relevant divorce laws for AK, how to access the child support guidelines and calculators, do it yourself divorce options, and more. You can also find divorce lawyers, support groups, and information about domestic abuse services.

Divorce Laws
Divorce Lawyers
Parenting & Divorce Resources
Background Checks
Support Groups
Shelters and Hotlines

Do It Yourself Divorce
Child Support Guidelines
AK Child Support Calculator
Child Support Forms
Child Support Enforcement

ALASKA DIVORCE LAWS

Copyright Notice: The following summary of Alaska divorce laws is an interpretation by WomansDivorce.com of the Alaska Statutes - TITLE 25 MARITAL AND DOMESTIC RELATIONS regarding issues relating to the termination of marriage, custody, support, and division of assets and debts. You can read the full text of these laws by viewing the online Divorce Statutes provided by the Alaska State Legislature. Unauthorized reproduction of this material is prohibited and violation of this notice will result in immediate legal action.

Alaska residency requirements for divorce:
The spouse filing for divorce needs to be a resident of Alaska, unless the marriage occurred outside of Alaska and at least one spouse is currently a resident of Alaska. There is no residency time limit to file for divorce. Military personnel (and their spouses) who have been stationed in Alaska for 30 days or more can also file for a divorce in Alaska.

Steps to filing for Divorce in Alaska:
Divorce papers are filed with the Superior Court of the county where either spouse resides. The respondent has 20 days to file an answer to the divorce petition. If an answer isn't filed within the 20 day time limit, the plaintiff can file for a default divorce. Generally, there is a 30 day waiting period after the divorce is filed before a judge will sign the final decree.

What is the difference between dissolution and divorce in Alaska?
A dissolution can be filed jointly if both spouses agree on everything (dividing assets and debts, custody, alimony, etc.). If the spouses don't agree on everything, then one spouse can file for a divorce.

Legal Separation in Alaska:
One spouse must be a resident of Alaska to file for a legal separation. Military personnel must be stationed in Alaska for at least 30 days before filing for a legal separation. All issues concerning child custody and support, property and debt division, and alimony may be addressed in a legal separation. If either spouse files for a divorce after a complaint for a legal separation is before the court, the two actions can be consolidated.

Can you get an annulment?
Alaska doesn't grant an annulment per se, but rather will declare that a marriage was never valid. This is determined if the court finds the marriage was void or voidable based on the following grounds:

If one of the parties was already married to someone else
If the spouses are more closely related to each other than third cousins (either whole or half-blood)
If either party was not old enough to legally consent to the marriage without the consent of their parent or guardian. An annulment may not be filed if the parties willingly lived together as husband and wife after the minor party attained the age of consent.
If either party was of a mentally impaired state at the time of marriage, unless the couple willingly lived as husband and wife after the impaired party comes to reason.
If the marriage was entered into fraudulently, unless the parties willingly lived together as husband and wife after the facts constituting the fraud are revealed.
If one spouse was forced to consent to the marriage, unless that spouse willingly lives with the other after the marriage.
Failure to consummate the marital relationship at the time of the marriage. An annulment may not be granted if the couple later on has sexual relations during the marriage.

What are the grounds for divorce in Alaska? A divorce may be filed for the following causes:

incompatibility of temperament;
adultery;
impotency at the time of marriage which has continued throughout the marriage;
a felony conviction
willful abandonment for at least a year;
alcoholism contracted since the marriage which continues for at least a year prior to filing for divorce;
drug addiction;
cruel and inhuman treatment which would impair a person's health or endanger their life;
personal indignities rendering life oppressive; or
confinement to an institution for at least 18 months for incurable mental illness prior to filing for the divorce.

How are assets and debts divided in Alaska?
Any property which was owned prior to the marriage is considered separate property, as are assets acquired by gift or inheritance, and are not divisible in a divorce. Debts acquired prior to the marriage will remain the separate liability of each spouse.

All assets and debts acquired during the marriage will be divided equitably in the divorce if the spouses cannot mutually agree to the division. The court will try to justly divorce the marital estate (including retirement benefits) based:

How long the couple was married and the standard of living established while married;
How old each party is, as well as their physical health;
Each spouse's predicted income potential in the workforce, taking into consideration their educational background and career training, absences from the work-force, and their child care responsibilities;
The economic stability of each spouse, including the ability to obtain health insurance at a reasonable cost;
Misconduct of either spouse in the excessive dissipation of the marital estate;
Whether the custodial parent will be awarded the house, or the right to reside there for a sufficient period of time to raise the children;
The needs and circumstances of each spouse;
When and how the property was acquired, the fair market value of the property at the time the marital estate is divided, and its revenue-generating capacity.

When is alimony awarded?
Alimony is called "maintenance" in Alaska and may be awarded to either spouse, either as a lump-sum or through payments over time. Fault is not a factor in awarding maintenance. The court takes the following factors into consideration when determining the amount and duration of the maintenance:

How long the couple was married and the standard of living established while married;
How old each party is, as well as their physical health;
The earning capacity of each spouse, taking into consideration their educational background and career training, absences from the work-force, and their child care responsibilities;
The economic stability of each spouse, including the ability to obtain health insurance at a reasonable cost;
Misconduct of either spouse in the unreasonable depletion of marital assets;
How the assets and debts will be divided in the divorce;
Any other factors the court deems relevant to the case.

Name change:
Alaska allows for either spouse to request a name change as part of the divorce decree. If the request is to change the name to something other than a prior name, a hearing will need to be held, with publication of the hearing posted in a newspaper in the judicial district. If no reasonable objection exists for the assumption of the new name, the court will authorize the change after a period of at least 30 days.

Custody laws in Alaska
If the parents cannot mutually agree as to the custody of their minor children, the court will make the determination based on the best interests of the child, without preference being given to either parent. When awarding custody, the court will consider the following factors:

the child's physical, emotional, mental, religious, and social needs;
each parent's ability and desire to meet these needs;
the preference of the child, taking into consideration the child's age and capacity to form a preference;
the loving bond between the child and each parent;
how long the child has lived in a stable, acceptable environment and the desirability of maintaining the status quo;
each parent's willingness to encourage a close and on-going relationship between the child and the other parent. This is not a factor if it is found that one parent has sexually assaulted or committed acts of domestic violence against the parent or a child, and that an on-going relationship with the other parent will endanger the health or safety of either the parent or the child;
any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
evidence that substance abuse by either parent or any other members of the household which would directly affect the emotional or physical well-being of the child;
any other factors that the court considers pertinent.

If the court determines it would be in the best interests of the child, shared custody may be awarded to assure frequent and continuing contact between the child and both parents. The court will also consider the following factors in the decision to award shared custody:

the preferences of the child, taking into consideration the child's age and capacity to form such a preference;
the child's needs;
the stability of each parent's home environment;
the education of the child;
the benefits of keeping the child in the community where he or she currently lives;
how much time the child should spend with each parent considering how close the parents live to each other and the school that the child attends, the practicality of travel between the parents homes, and how much time the child actually spends with each parent.
whether one parent may be able to better meet any special needs of the child;
each parent's willingness to encourage a close and on-going relationship between the child and the other parent. This is not a factor if it is found that one parent has sexually assaulted or committed acts of domestic violence against the parent or a child, and that an on-going relationship with the other parent will endanger the health or safety of either the parent or the child;
findings and recommendations of a neutral mediator;
evidence of domestic violence, child abuse, or child neglect in the proposed custodial home or a history of violence between the parents;
evidence of substance abuse by either parent or any other member of the household which would directly affect the well-being of the child;
any other factors the court deem relevant.

If there are minor children of the marriage, the court may require parents to fulfill certain parenting education requirements. These vary by court district, so you should contact your local court regarding the parenting education requirements.

Alaska child support:
Civil Rule 90.3 outlines out the formulas used to calculate child support in Alaska. The amount of child support that will be awarded is determined by the custody arrangements and the amount of time the child spends with each parent. In situations where one parent is awarded primary physical custody, the level of child support will be based on the non-custodial parent's adjusted gross income, multiplied by a percentage based on the number of children to be supported. The minimum amount of child support that can be ordered is $50/month.

In cases where there is shared or hybrid physical custody, the adjusted gross incomes of both parents shall be used to compute the level of child support, taking into consideration the percentage of time the child spends with each parent.

Since the state has a large number of seasonal jobs, the court has the flexibility of ordering unequal monthly payments. In these situations, the total amount of unequal monthly payments paid during the year would equal the annual total if standard payment were made. The court may also require either parent to provide health coverage for their child if such coverage is available at a reasonable cost. The cost of health care coverage may be added or subtracted from the child support obligation depending on which parent carries the coverage. Uncovered medical expenses shall be shared by the parents.

Child support may be modified due to a substantial change in circumstances, which would result in a change in the child support order of 15% or more (including health insurance coverage). Generally, child support ends when a child reaches age 18 (or 19 if the child is enrolled in high school or the equivalent and residing with custodial parent). Child support also ends when the child becomes emancipated by getting parental consent to live independently from his or her parents.

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DIVORCE LAWYERS

Need a Divorce Lawyer? Present your case on LegalMatch and respond only to attorneys who want to help you. You can post you legal issues with Legal Match and receive a reply from qualified attorneys who can handle your case. Legal Match is a good directory that empowers consumers to find and thoroughly evaluate the experience, rating, availability and fees of pre-screened lawyers before deciding who to contact. It's Free & Confidential.

Do It Yourself Divorce Options

Divorce & Separation Forms - US Legal offers divorce packages and separation agreements that you can download onto your computer. These forms are specific to Alaska and are only available for uncontested divorces.

Online Divorce - This service helps you easily prepare your uncontested divorce papers online by walking you through a series of questions. The final papers are accurate and up-to-date for Alaska and you will receive detailed instruction on how to file your papers with the court system. You'll also be able to get free access to a large number of downloadable books that discuss all the issues that come up in a divorce. Plus, they offer "Real Person" customer support by phone & e-mail.

QDRO Preparation - This service by QdroDesk is for individuals and lawyers alike, offering the ability to prepare a Qualified Domestic Relations Order (QDRO) for the division of retirement accounts.

General Divorce Information - Provided by AlaskaLawHelp.org. This site offers a wealth of information about getting a divorce in Alaska, with links to additional sites and information.

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