State Laws

Alaska Divorce

     

Alaska Divorce
In Alaska the residency requirements stipulate which Superior Court will be in charge of the divorce case. Residency requirements are met by most individuals and only possess a problem for those who have recently moved or who will be moving in the close future. The requirements for filing for divorce include the individual in charge of filing for a divorce needing to be a current resident of Alaska when the papers are filed.

In the case of stationed military personnel for the United States, those who reside in Alaska for thirty days or more are considered to be Alaska state residents. Divorce cases are normally to be filed to the county jurisdiction where the individual resides, according to Alaska Dissolution Statutes 22.10.030.

Residency requirements must be met before a divorce case can be filed because all divorce cases are handled through state law. A majority of divorce cases are filed in the residents' county. The county clerk's office's domestic relations section will be able to relay all the necessary information in accordance with residency requirements.

Grounds for Divorce in Alaska
The first step in filing for divorce is to file a Petition for Dissolution of Marriage to the Alaska court. This request can only be granted if the grounds for divorce meet the Alaska state standards.

Grounds for divorce are separated into two different categories. The first category is called no-fault based grounds and holds only one reason for filing: incompatibility. The second category is called fault based grounds and holds eight other reasons for divorce.

These grounds include the committing of adultery; voluntarily declining to consummate the marriage when the marriage began and the continual decline when divorce proceedings have begun; committing felony offenses; unnecessary and cruel treatment; voluntarily deserting the other individual for one year or more; habits of drunken behavior; drug usage; and confinement in a mental hospital for eighteen months or more due to an untreatable mental illness.

Divorce Process
When a divorce case is filed, the individual must state the grounds for divorce before a divorce can be dissolved. These grounds must be proven by testimony or evidence. One individual may petition for divorce. Both are not needed to begin the proceedings. However when a petition is brought forward for incompatibility by both individuals, certain conditions must follow.

When pregnancy or children under the age of eighteen are involved, the individuals must determine custody issues, whether or not there will be child support payments and visitations. Any property that was acquired during the marriage will also need to be divided along with the possibility of spousal support.

When a divorce case is brought before the court on the behalf of one individual, certain requirements must be involved. The individual must show evidence of separation. If the other individual is unwilling to cooperate or has become absent, the petitioning individual has the right to file for a dissolution and begin determining child custody, spousal support, child support, property divisions, and child visitation rights. However filing for marriage dissolution does not come before a filing for divorce.

See also:
Alaska Felony
Alaska Gun Laws
Alaska Bankruptcy
Alaska Expungement External link (opens in new window)
Alaska Lemon Law External link (opens in new window)