Alaska Divorce Laws And Resources
IF you live in Alaska, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.
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DIVORCE & SEPARATION FORMS
Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link
FAMILY LAW RESOURCES
Alaska Child Support Guidelines
Alaska Child Support Calculator
Alaska Child Support Enforcement
DIVORCE LAWYERS & FIRMS
Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.
DIVORCE FORM PREPARATION
Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your Alaska divorce form preparation today.
COUNSELING
PRIVATE INVESTIGATORS
BACKGROUND CHECKS
Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.
DOMESTIC VIOLENCE RESOURCES
Alaska Network on Domestic Violence and Sexual Assault
Domestic Violence Crisis and Support Services
SUPPORT
ALASKA DIVORCE LAW RESOURCES
Divorce Statutes
General Divorce Information
Child Support Calculator
Child Support Forms
RESIDENCY REQUIREMENTS: Alaska requires that the spouse filing for divorce be a resident of the state. If the marriage was not solemnized in the state, the residence of the other spouse in this state inures to the plaintiff's benefit and the action may be instituted if the other spouse is at the time of its commencement qualified as to residence to institute a similar action. There is no residency time limit for filing divorce actions. [Based on Alaska Statutes 25.24.080 and AS 25.24.090]
LEGAL GROUNDS FOR DIVORCE: A decree of divorce based upon the fault of one of the parties may be granted in Alaska for any of the following grounds:
1. Failure to consummate the marriage.
2. Adultery.
3. Conviction of a felony.
4. Willful desertion for a period of one year.
5. Cruel and inhuman treatment.
6. Personal indignities rendering life burdensome.
7. Incompatibility of temperament.
8. Habitual drunkenness or addiction to drugs.
9. Incurable mental illness. [Based on Alaska Statutes 25.24.050]
DISSOLUTION OF MARRIAGE: Alaska permits "no-fault" divorces, or dissolution of marriage, to awarded on the grounds of "incompatibility of temperament" which has caused the irremediable breakdown of the marriage. The petition must include detailed provisions regarding custody and child support, visitation, alimony and division of property. The spouses may jointly file for dissolution of marriage if:
1. Incompatibility of temperament has caused the irremediable breakdown of the marriage.
2. If there are unmarried children of the marriage under the age of nineteen (19) or the wife is pregnant, all issues regarding custody, support and visitation have been settled.
3, The spouses have agreed to the distribution of all real and personal marital property and,
4. The parties have reached an agreement regarding the payment of all unpaid obligations incurred by either or both of them, and for the payment of obligations incurred jointly in the future.
Either party may separately file for dissolution of marriage if:
1. Incompatibility of temperament has cause the irremediable breakdown of the marriage.
2. The petitioning spouse is unable to determine the other spouse's position regarding dissolution of the marriage, division of property, alimony, payment of debts, custody, child support, etc.
3. The other spouse cannot be served with process inside or outside the state.
A spouse personally served may execute an Appearance and Waiver, thereby dispensing with the need for that spouse to attend the hearing. [Based on Alaska Statutes 25.24.200-260].
LEGAL SEPARATION: Alaska recognizes legal separation. A decree of legal separation does not restore the parties to the status of unmarried persons. A decree of legal separation modifies the parties' rights and responsibilities as married persons only to the extent specified in the decree of separation. A husband or a wife may separately or jointly file a complaint in the superior court for a legal separation. A legal separation may be granted no more than once to the same married couple. Unless otherwise provided in the decree, provisions for child custody and visitation, child support, and spousal support included in a decree of legal separation are final orders subject to modification only as provided in [AS 25.20.110 and AS 25.24.170].
If the decree of legal separation includes provisions for division of property and debts of the marriage, the decree must state whether the division is an interim or final order. To the extent the division is not a final order, the court shall determine the parties' respective rights to and responsibilities for property and obligations not finally distributed and as to any property or debts accrued by either party while the order is in effect. [Based on Alaska Statutes 25.24.460, 25.24.400, and 25.24.450]
NAME OF COURT AND TITLE OF ACTION/PARTIES: An action for divorce in Alaska is filed in the Superior Court. If the divorce is based upon grounds of fault, the title of the action initiating the proceeding is a Complaint for Divorce, while the title of the action granting the divorce is referred to as the Judgement of Divorce. If the action is based upon the no-fault grounds permitted in Alaska ("incompatibility of temperament"), the action is entitled a Petition for Dissolution of Marriage, and the title of the action granting the divorce is referred to as the Decree of Dissolution of Marriage. If the action is based upon grounds of fault, the party filing the action is referred to as the Plaintiff and the other party is the Defendant. If the proceeding is based upon the no-fault grounds, the party filing the action is the Petitioner, and the other party is the Respondent.
MEDIATION: Under most circumstances, a party to a divorce action may file a motion requesting mediation for the purpose of achieving a mutually agreeable settlement. The court on its own motion may order the parties to participate in mediation if it determines that mediation may result in a more satisfactory settlement between the parties. [Based on Alaska Statutes 25.24.060]
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Alimony may be awarded to either party without regard to fault in either lump sum or installment payments in Alaska. Factors the court may consider in determining alimony include:
1. The length of the marriage and the station in life of the parties during the marriage.
2. The age and health of the parties.
3. The earning capacity of the parties.
4. The financial condition of the parties.
5. The conduct of the parties, including whether there has been an unreasonable depletion of marital assets.
6. The division of property.
7. Any other relevant factors. [Based on Alaska Statutes 25.24.160]
CHILD CUSTODY: The court shall determine custody based upon the best interests of the child. In determining the best interests of the child, the court shall consider the following:
1. The physical, emotional, mental, religious and social needs of the child.
2. The capability and desire of each parent to meet these needs.
3. The child's preferences if the child is of sufficient age and capacity to form a preference.
4. The love and affection existing 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 or neglect.
8. Evidence of substance abuse.
9. Any other factors the court deems relevant. [Based on Alaska Statutes 25.24.150]
DISTRIBUTION OF PROPERTY: Alaska is an equitable distribution state, which means that the court will divide the marital property between the parties as it deems equitable and just, without regard to fault. Factors the court will consider in dividing the property include:
1. The length of the marriage.
2. The age and health of the parties.
3. The earning capacity of the parties.
4. The financial condition of the parties.
5. The conduct of the parties, including whether there has been an unreasonable depletion of marital assets.
6. The desirability of awarding the family home, or the right to live in it for a reasonable period of time to the party with custody of the child, if any.
7. The circumstances and necessities of each party.
8. The time and manner of acquisition of the property in question.
9. The income producing capacity of the property and the value of the property at the time of division. [Based on Alaska Statutes 25.24.160]
CHILD SUPPORT: The court may order either or both parties to pay child support, in either lump sum or periodic payments. Alaska has established Child Support Guidelines which set the presumptive correct amount of child support. Deviation from these guidelines require a showing that application of the guidelines would result in a unjust result. [Based on Alaska Statutes 25.24.160]
NAME CHANGE: In a judgment of divorce, the court may change the name of either party. [Based on Alaska Statutes 25.24.165]
You can find more divorce information in the following articles:
• Do You Need A Lawyer
• Finding Divorce Attorneys
• Collaborative Family Law
• Divorce Considerations
• Divorce Mediation
• Do It Yourself Divorce
• More Divorce Articles
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