Alaska State Divorce Law

In Alaska, the Petition for Dissolution of Marriage is the beginning of a divorce proceeding that may take a number of courses before it can finally become an official degree.

Alaska Grounds for Divorce

Determining the grounds for a divorce can make all the difference between a simpler and quicker process or one that takes much more time and money.

Uncontested Divorce in Alaska

An uncontested divorce in the state of Alaska is called a “dissolution.” The spouse filing for an uncontested divorce must be a resident of Alaska. In addition, the grounds must be no-fault.

Contested Divorce in Alaska

If spouses cannot agree to an uncontested dissolution of marriage, they must file for a contested divorce. The grounds for a contested divorce are the same as for a fault divorce in Alaska.

Annulment in Alaska

Annulment is uncommon in Alaska. It is generally considered a complex and difficult case to prove. As a result, most couples are advised to, and usually proceed with, divorce proceedings. However, if they can be proven, the grounds for an annulment include:

• Either party is underage, or younger than 15 years old
• Insufficient understanding for informed consent
• Consent was forced or obtained fraudulently
• One party fails to consummate the marriage
• Either party is of unsound mind
• Existence of a prior marriage
• Consanguinity, or blood relatives

No Fault Divorce in Alaska

A no-fault divorce can be filed in Alaska for only one reason, incompatibility. However, there are some specific guidelines required before a dissolution of marriage will be granted, including the custody, support, and visitation of children; division of property; and the payment of all debts and obligations by either or both partners jointly.

Alaska Fault Divorce

A Fault divorce in Alaska may be filed for a number of reasons:

• Failure to consummate the marriage
• Adultery
• A felony conviction
• Intentional desertion for 1 year or more
• Cruelty and inhuman treatment
• Habitual drunkenness
• Commitment to a mental institution for 18 months or more and a diagnosis of incurable mental illness
• Addiction to drugs

Alaska Divorce and Child Custody

Child Custody Laws

In Alaska, child custody is generally awarded to the mother unless there is evidence that they are unfit for that responsibility. Other factors influencing the custody decision include:

• The physical, emotional, social, mental, and religious needs of the child
• The desire and ability of each parent to meet those needs
• The child’s wishes, if they are old enough and mature enough to make such a decision
• The child’s relationship with each parent
• The stability the child had and the stability each parent can provide
• Whether each parent will encourage a positive relationship between the child and the other parent
• Any evidence of abuse or domestic violence
• Any evidence of substance abuse by either parent that would affect the child
• Other pertinent factors

Child Alimony

Since child custody is normally awarded to mothers, support from the fathers is also commonly ordered. However, other factors can influence this decision for families with incomes below $72,000:

• An especially large family
• The child’s income
• Extraordinary expenses for th child, especially medical expenses
• Especially low expenses
• Income below the poverty level for the parent ordered to supply support
• Any other unusual conditions
• For families with income over $72,000, the factors considered in child support orders include:
• Just and proper awards
• The needs of the child
• The standard of living of the child
• The court’s determination of how closely the child’s standard of living should reflect that of the parents

All awards are calculated using the Percent of Income Model and the Child Support Worksheet.

Alaska Divorce Spousal Support

Alaska favours equitable alimony in most cases. In general, it may be awarded to either party without regard to fault.

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Alaska

Spouses in the military are protected by Alaska law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From An Alaska Divorce Lawyer

Alaska is generally a conservative state, and it provides a number of protections to individuals, children, and mothers. It is important to make sure that each party is familiar with state laws and complies with those laws while proceeding with a divorce or dissolution of marriage. That is difficult without the assistance of a qualified divorce attorney who knows the local laws and propensities of the courts. They can guide the parties to a workable and lasting solution.

Thinking About Divorce?

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Nolo's Essential Guide to Divorce

Divorce Without Court

Retirement Accounts in Divorce

Divorce & Money

A Judge's Guide To Divorce

Temporary Custody &

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