Alaska Divorce Laws

Alaska Divorce Laws

Residency Requirements for Divorce in Alaska
The spouse filing for a divorce/dissolution of marriage must be a resident. No residency time limit is specified.

Legal Grounds for Divorce in Alaska
For No-Fault Divorce:
Incompatibility of temperament which has caused the irremediable breakdown of the marriage. [Alaska Statutes; Section 25.24.200].

For General Divorce:

1. Adultery
2. Incurable mental illness and confinement for 18 months
3. Drug abuse
4. Failure to consummate marriage
5. Conviction of a felony
6. Willful desertion of over 1 year
7. Cruel and/or inhuman treatment
8. Personal indignities
9. Habitual drunkenness

Legal Separation in Alaska
There is no specific legal provision in Alaska for legal separation.

Divorce Mediation Requirements
Either spouse may request mediation of an attempt to reach a settlement. If no request is made, the judge may order the spouses to submit to mediation if it is felt that a more satisfactory settlement may be achieved. The court will appoint a mediator. [Alaska Statutes; Section 25.24.060].

Divorce Property Distribution
Alaska is an “equitable distribution” state. Both joint and separate property which has been acquired during the marriage will be divided in a “just” manner. Any fault of the spouses shall not be taken into account. If necessary, to achieve a fair result in a “fault-based” divorce action, property acquired before the marriage may be divided also. In a “no-fault” dissolution of marriage action, property acquired prior to the marriage will not be divided unless the spouses agree or it is in the best interests of any children to do so. Gifts and inheritances are also subject to division by the court. Factors considered are:

1. Length of marriage
2. Position in life of the parties during marriage
3. The age and health of the parties
4. The earning capacity of each spouse
5. The financial condition of each spouse
6. The parties’ conduct regarding their assets
7. The desirability of awarding the family home to the spouse with primary physical custody of children
8. The time and manner of acquisition of their property
9. The income-producing capacity of the property and its value
10. All other relevant factors

Non-monetary contributions to the marriage (for example: home-making) are also considered. If property is considered “community property” under a community property agreement or trust under Alaska Statutes, Section 34.77, the court may divide such property in a just and equitable manner based on all factors, including: (1) the nature and extent of the community property; (2) the nature and extent of the spouse’s separate property; and (3) the duration of the marriage. [Alaska Statutes; Sections 25.24.160 and 25.24.230].

Alimony / Spousal Support
Maintenance may be awarded to either spouse for support. The award may be made as a lump-sum or may be ordered paid in installments. Any fault of the spouses may not be taken into account. Factors considered are:

1. Length of marriage
2. Position in life of the parties during marriage
3. The age and health of the parties
4. The earning capacity of each spouse
5. The financial condition of each spouse
6. The parties conduct regarding their assets
7. The division of the spouse’s property
8. All other relevant factors

Non-monetary contributions to the marriage (for example: home-making) are also considered. [Alaska Statutes; Section 25.24.160].

Spouse’s Name
The name of either spouse may be changed in the Judgment for Divorce or in the Decree for Dissolution of Marriage. [Alaska Statutes; Sections 25.24.165 and 25.24.230].

Child Custody
Custody is determined with the best interests of the child in mind. Factors to be considered are:

1. The capability and desire of each parent to meet the child’s needs
2. the physical, emotional, mental, religious, and social needs of the child
3. The preference of the child (if the child is of sufficient age and capacity)
4. The love and affection 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, neglect, or spousal abuse
8. Any evidence of substance abuse that affects the emotional or physical well-being of the child

Neither parent is considered to be entitled to custody. [Alaska Statutes; Section 25.24.150].

Joint/shared custody may be awarded, if it is in the best interests of the child. For shared custody to be awarded, the court considers the following factors:

1. The child’s needs and education
2. Any special needs of the child that may be better met by 1 parent
3. Any findings of a neutral mediator
4. The optimal time for the child to be with each parent
5. The physical proximity of the parents as it relates to where the child will reside and where the child will attend school
6. The advantage of keeping the child in the community where he or she presently resides
7. Whether shared custody will promote more frequent or continuing contact between the child and the parents
8. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
9. The fitness and suitability of each of the parents (including any evidence of substance abuse)
10. Any history of violence by either parent
11. The preference of the child (if the child is of sufficient age and capacity)
12. The stability of the home of each parent
13. Any other relevant factors

[Alaska Statutes; Section 25.20.090].

Child Support
Either or both parents may be ordered to provide child support. Child support payments may be ordered paid to a court-appointed trustee or through the state child support enforcement agency. There are official Child Support Guidelines contained in Alaska Rules of Civil Procedure; Rule 90.3. These guidelines are presumed to be correct unless there is a showing that the amount would be manifestly unjust under the particular circumstances in a case. Factors for deviation from the guidelines are:

1. Especially large family size
2. Significant income of the child
3. Health or other extraordinary expenses
4. Unusually low expenses
5. The parent with the child support obligation has an income below Federal poverty level
6. Any other unusual circumstances

For parents with income over $72,000, the above 6 factors do not apply. In those instances, the factors are:

1. That an increased award is just and proper
2. The needs of the children
3. The standard of living of the children
4. The extent to which the standard of living of the children should be reflective of the parent’s ability to pay.

Each parent must file a verified statement of income. There is a Child Support Guidelines Worksheet contained in Alaska Rules of Civil Procedure; Rule 90.3. [Alaska Statutes; Sections 25.24.160 and 25.27.110 to 25.27.900, and Alaska Rules of Civil Procedure; Rule 67 and 90.3].