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.
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.