Divorce in Alaska

These are the basic information about divorce in Alaska

Dissolution or Divorce?

In Alaska a Dissolution of marriage refers to uncontested divorce where both spouses mutually agreed in ending the marriage and all the terms in dividing there assets and liabilities, child custody, alimony, etc.

Divorce refers to contested divorce where the marriage will end by a court order.


Residency Requirement:

To be considered a resident for purposes of divorce/dissolution, one must be in Alaska when filing with the intention of remaining as a resident.

Or if the Plaintiff ( the spouse who filed for divorce/dissolution) doesn't live in Alaska but the Defendant (the non filing spouse) does, the divorce/dissolution can still be filed in the state.


Where to file:

The complaint for divorce or dissolution of marriage should be file with the local Superior Court.


Grounds for Divorce:

1. Failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;

2. Adultery;

3. Conviction of a felony;

4. Willful desertion for a period of one year;

5. Either; a. Cruel and inhuman treatment calculated to impair health or endanger life; b. Personal indignities rendering life burdensome; or c. Incompatibility of temperament;

6. Habitual gross drunkenness contracted since marriage, and continuing for one year prior to the commencement of the action;

7. Incurable mental illness when the spouse has been confined to an institution for a period of at least 18 months immediately preceding the commencement of the action; the status as to the support and maintenance of the mentally ill person is not altered in any way by the granting of the divorce;

8. Addiction of either party, after getting married, to the habitual use of opium, morphine, cocaine, or a similar drug.

*No Fault Divorce : incompatibility of temperament which has caused the irremediable breakdown of the marriage. This is the most commonly used grounds in Alaska.


Property Division:

In Alaska, spouses property is considered separate unless they agreed to make it community through a community property agreement or community property trust.


Divorce Forms:

Divorce with children and property 

Divorce with property and no children

http://www.courts.alaska.gov/forms/#fam

http://courts.alaska.gov/shc/family/shcins.htm

Information about ending the marriage, uncontested, agreement and settlement

*information on this blog are just basic information about divorce, these are in no way to be considered as a legal advice. It is best to consult a lawyer specially if there are child custody, property and alimony involved.