Divorce Law in Alaska

Who Can Get a Divorce in Alaska?

Alaska divorce law is very straightforward. As long as you or your spouse is a resident of Alaska, either of you can file a divorce complaint in the state.

Grounds for Divorce in Alaska

The state motto is "North to the Future," and if your future needs to include a divorce, there are a variety of grounds for filing for divorce in Alaska.

The only no-fault ground for divorce, irretrievable breakdown of the marriage, is basically the "irreconcilable difference" cited in divorces in other states. If there is absolutely no hope of restoring your marriage, Alaska divorce law allows you to divorce with no fault.

Fault-based divorce grounds include:

• Failure to consummate the marriage
• Adultery
• Conviction of a felony
• Willful desertion for a period of one year
• Cruel and inhuman treatment
• Habitual drunkenness
• Incurable mental illness (spouse must have been confined to a mental health facility for at least 18 months)
• Drug abuse
• Personal indignities
• Incompatibility of temperament

Filing for Divorce in Alaska

To file for divorce, one spouse must file a "Petition for Dissolution of Marriage" in the county where either spouse lives.

Distribution of Property During Divorce

In the Land of the Midnight Sun, "marital property" is divided in a fair and equitable manner. This does not necessarily mean 50/50, for two reasons.

First, the court looks at the length of the marriage. In a short-term marriage, the judge may decide that returning both parties to their pre-marital economic positions makes sense, while in a longer marriage, the court may decide that a 50/50 split would not be fair and equitable, in terms of providing equal economic benefits to both parties.

The distribution of property also excludes separate property, which would include assets owned before marriage, income from separate investments, or inheritances and gifts.

Divorce and Child Custody in Alaska

Family courts in Alaska can award custody in the following ways:

• Shared physical custody-70/30
• Primary Physical custody-70+/-30
• Divided Custody-each parent has primary physical custody of at least one child, no shared custody
• Hybrid Custody-one parent has primary physical custody of at least one child, parents have shared physical custody of at least one child

Alaska divorce courts act in what they consider the best interest of the child in awarding custody, and will set visitation rights if the parents are unable to agree.

Alaska Child Support

The court will set a child support payment based on state guidelines, unless there is a very good reason to deviate from the guidelines. Child support agreements may be changed only if there is a change in circumstances, defined as a 15% change in income or a change in custody.

Find a Divorce Lawyer in Alaska

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