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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Alaska divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
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 decree.
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 Support
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
Divorce can be a difficult time for all involved. The at times confusing divorce laws within your state do not help. However, having the right divorce lawyer in Alaska, a divorce lawyer who knows the “in’s and out’s” of divorce in Alaska can be of immeasurable help in getting you the divorce settlement you desire.