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Divorce Residency Essentials to Get Divorce in Alaska

The spouse filing for a divorce/dissolution of marriage must be a resident. No residency time limit is specified. [Alaska Statutes; Sections 22.10.030, 25.24.080, and 25.24.090]. 

Reasons for Divorce in Alaska

There are mainly two reasons of divorce in Alaska that is fault and no-fault.  In order to file for divorce in Alaska, the proper grounds must be established.  Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court. 

No-fault divorce is a type of divorce in which the dissolution of a marriage has taken place without any wrong-doing from either party.  In Alaska, that includes:

• Incompatibility of temperament which has caused the irremediable breakdown of the marriage. [Alaska Statutes; Section 25.24.200].

The general reasons for divorce include, but are not limited to:

• Adultery; 
• Incurable mental illness and confinement for 18 months;
• Drug abuse;
• Failure to consummate marriage;
• Conviction of a felony;
• Willful desertion of over one year;
• Cruel and/or inhuman treatment;
• Personal indignities;
• Habitual drunkenness. [Alaska Statutes; Section 25.24.050].

Custody of the Children in Alaska

A court in Alaska grants the custody of the children upon divorce. The child custody can be granted to either parent on the following grounds.

• The capability and desire of each parent to meet the child’s needs;
• The physical, emotional, mental, religious, and social needs of the child; 
• The preference of the child (if the child is of sufficient age and capacity); 
• The love and affection between the child and each parent; 
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; 
• The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent; 
• Any evidence of domestic violence, child abuse, neglect, or spousal abuse; and 
• Any evidence of substance abuse that affects the emotional or physical well-being of the child.

Neither parent is considered to be entitled to custody. [Alaska Statutes; Section 25.24.150].

The court may award joint custody if it finds that to be in the best interest of the child.  When determining this, the court looks at the following:

• The child’s needs and education; 
• Any special needs of the child that may be better met by one parent; 
• Any findings of a neutral mediator; 
• The optimal time for the child to be with each parent; 
• The physical proximity of the parents as it relates to where the child will reside and where the child will attend school; 
• The advantage of keeping the child in the community where he or she presently resides; 
• Whether shared custody will promote more frequent or continuing contact between the child and the parents; 
• The length of time the child has lived in a stable, satisfac¬tory environment and the desirability of maintaining continuity; 
• The fitness and suitability of each of the parents (including any evidence of substance abuse); 
• Any history of violence by either parent; 
• The preference of the child (if the child is of sufficient age and capacity); 
• The stability of the home of each parent; and 
• Any other relevant factors. [Alaska Statutes; Section 25.20.090].

Alaska Child Support Guidelines

Either or both parents may be ordered to provide child support. Child support payments may be ordered paid to a court-appointed trustee or through the state child support enforcement agency. There are official Child Support Guidelines contained in Alaska Rules of Civil Procedure; Rule 90.3. These guidelines are presumed to be correct unless there is a showing that the amount would be manifestly unjust under the particular circumstances in a case.

Factors for deviation from the guidelines are: 

• Especially large family size; 
• Significant income of the child; 
• Health or other extraordinary expenses; 
• Unusually low expenses; 
• The parent with the child support obligation has an income below Federal poverty level; and 
• Any other unusual circumstances. 

For parents with income over $72,000, the above six factors do not apply. In those instances, the factors are: 

• That an increased award is just and proper; 
• The needs of the children; 
• The standard of living of the children; and 
• The extent to which the standard of living of the children should be reflective of the parent’s ability to pay. 

Property Distribution

Alaska is an “equitable distribution” state. Both joint and separate property which has been acquired during the marriage will be divided in a “just” manner. Any fault of the spouses shall not be taken into account. If necessary, to achieve a fair result in a “fault-based” divorce action, property acquired before the marriage may be divided also. In a “no-fault” dissolution of marriage action, property acquired prior to the marriage will not be divided unless the spouses agree or it is in the best interests of any children to do so. Gifts and inheritances are also subject to division by the court. 

Factors considered are: 

• Length of marriage; 
• Position in life of the parties during marriage; 
• The age and health of the parties; 
• The earning capacity of each spouse; 
• The financial condition of each spouse; 
• The parties’ conduct regarding their assets;
• The desirability of awarding the family home to the spouse with primary physical custody of children; 
• The time and manner of acquisition of their property; 
• The income-producing ca¬pacity of the property and its value; and 
• All other relevant factors. 

Non-monetary contributions to the marriage (for example: home-making) are also considered. If property is considered “community property” under a community property agreement or trust under Alaska Statutes, Section 34.77, the court may divide such property in a just and equitable manner based on all factors, including: 

• The nature and extent of the community property; 
• The nature and extent of the spouse’s separate property; and 

Divorce Mediation

Either spouse may request mediation of an attempt to reach a settlement. If no request is made, the judge may order the spouses to submit to mediation if it is felt that a more satisfactory settlement may be achieved. The court will appoint a mediator. [Alaska Statutes; Section 25.24.060].