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Alaska Uncontested Divorce Online  
  Before you start completing your uncontested divorce forms with us, please read all the requirements for Alaska divorce. Make sure that your situation matches all the requirements. Alaska Uncontested Divorce online  
 

Requirements for Alaska Divorce

(Alaska Statutes) 		 
 

RESIDENCY REQUIREMENTS:

The spouse filing for divorce must be a resident of Alaska at the time of filing.

GROUNDS FOR DIVORCE:

A divorce in Alaska may be granted on any of the following grounds:
  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
    1. cruel and inhuman treatment calculated to impair health or endanger life;
    2. personal indignities rendering life burdensome;
    3. 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, subsequent to the marriage, to the habitual use of opium, morphine, cocaine, or a similar drug.
(Alaska Statutes, Title 25, Chapter 24, Section 50)

LEGAL SEPARATION:

A legal separation may be granted by the court based on a finding that
  1. an incompatibility of temperament exists between the parties; and
  2. the continuation of the parties' status as married persons preserves or protects significant legal, financial, social, or religious interests. (Alaska Statutes, Title 25, Chapter 24, Section 410)
One of the parties to a complaint for legal separation must be a resident of the state at the time the action is commenced.

WHERE TO FILE :

A petition for dissolution of marriage shell be filed in Superior Court for the State of Alaska; # ________ Judicial District.

CHILD CUSTODY:

Under the new law, the parent who committed the domestic violence may not get custody or visitation. However, the parent may get some custody or visitation if he or she meets specific legal requirements.
 
The court shall determine custody in accordance with the best interests of the child under AS 25.20.060 - 25.20.130. In determining the best interests of the child the court shall consider:
  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 preference 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 willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child;
  7. any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
  8. evidence that substance abuse by either parent or other member of the household directly affects the emotional or physical well-being of the child;
  9. other factors that the court considers pertinent.

CHILD SUPPORT:

The Child Support calculations greatly differ for different types of child custody.

DIVISION OF PROPERTY:

Alaska is an equitable distribution state. That means that the court will decide property distribution issues based on what is fair. Reaching a settlement is always encouraged; otherwise the court will decide the award amount.
 
An award of maintenance must fairly allocate the economic effect of divorce by being based on a consideration of the following factors:
  1. the length of the marriage and station in life of the parties during the marriage;
  2. the age and health of the parties;
  3. the earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage;
  4. the financial condition of the parties, including the availability and cost of health insurance;
  5. the conduct of the parties, including whether there has been unreasonable depletion of marital assets;
  6. the division of property under (4) of this subsection; and
  7. other factors the court determines to be relevant in each individual case;

MEDIATION:

A party to an action for divorce may, within 30 days after a complaint or cross-complaint in a divorce action is filed, file a motion with the court requesting mediation, for the purpose of achieving a mutually agreeable settlement in termination of the marriage. When a party moves for settlement mediation, the other party shall answer the motion on the record, and the judge may order mediation. When no request for mediation is made, the court may at any time order the parties to submit to mediation if it determines that mediation may result in a more satisfactory settlement between the parties.
 
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