Alaska Divorce Law   Residency Requirements for Divorce in Alaska

The spouse filing for a divorce/dissolution of marriage must be a resident.
No residency time limit is specified.

Legal Grounds for Divorce in Alaska
For No-Fault Divorce:
Incompatibility of temperament which has caused the irremediable breakdown of the marriage. [Alaska Statutes; Section 25.24.200].

For General Divorce:

  1. Adultery
  2. Incurable mental illness and confinement for 18 months
  3. Drug abuse
  4. Failure to consummate marriage
  5. Conviction of a felony
  6. Willful desertion of over 1 year
  7. Cruel and/or inhuman treatment
  8. Personal indignities
  9. Habitual drunkenness

Legal Separation in Alaska
There is no specific legal provision in Alaska for legal separation.

Divorce Mediation Requirements
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].

Divorce 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:

1. Length of marriage
2. Position in life of the parties during marriage
3. The age and health of the parties
4. The earning capacity of each spouse
5. The financial condition of each spouse
6. The parties' conduct regarding their assets
7. The desirability of awarding the family home to the spouse with primary physical custody of children
8. The time and manner of acquisition of their property
9. The income-producing capacity of the property and its value
10. 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: (1) the nature and extent of the community property; (2) the nature and extent of the spouse's separate property; and (3) the duration of the marriage. [Alaska Statutes; Sections 25.24.160 and 25.24.230].

Alimony / Spousal Support
Maintenance may be awarded to either spouse for support. The award may be made as a lump-sum or may be ordered paid in installments. Any fault of the spouses may not be taken into account. Factors considered are:

1. Length of marriage
2. Position in life of the parties during marriage
3. The age and health of the parties
4. The earning capacity of each spouse
5. The financial condition of each spouse
6. The parties conduct regarding their assets
7. The division of the spouse's property
8. All other relevant factors

Non-monetary contributions to the marriage (for example: home-making) are also considered. [Alaska Statutes; Section 25.24.160].

Spouse's Name
The name of either spouse may be changed in the Judgment for Divorce or in the Decree for Dissolution of Marriage. [Alaska Statutes; Sections 25.24.165 and 25.24.230].

Child Custody
Custody is determined with the best interests of the child in mind. Factors to be considered are:

1. The capability and desire of each parent to meet the child's needs
2. the physical, emotional, mental, religious, and social needs of the child
3. The preference of the child (if the child is of sufficient age and capacity)
4. The love and affection 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 desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
7. Any evidence of domestic violence, child abuse, neglect, or spousal abuse
8. 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].

Joint/shared custody may be awarded, if it is in the best interests of the child. For shared custody to be awarded, the court considers the following factors:

1. The child's needs and education
2. Any special needs of the child that may be better met by 1 parent
3. Any findings of a neutral mediator
4. The optimal time for the child to be with each parent
5. The physical proximity of the parents as it relates to where the child will reside and where the child will attend school
6. The advantage of keeping the child in the community where he or she presently resides
7. Whether shared custody will promote more frequent or continuing contact between the child and the parents
8. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
9. The fitness and suitability of each of the parents (including any evidence of substance abuse)
10. Any history of violence by either parent
11. The preference of the child (if the child is of sufficient age and capacity)
12. The stability of the home of each parent
13. Any other relevant factors

[Alaska Statutes; Section 25.20.090].

Child Support
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:

1. Especially large family size
2. Significant income of the child
3. Health or other extraordinary expenses
4. Unusually low expenses
5. The parent with the child support obligation has an income below Federal poverty level
6. Any other unusual circumstances

For parents with income over $72,000, the above 6 factors do not apply. In those instances, the factors are:

1. That an increased award is just and proper
2. The needs of the children
3. The standard of living of the children
4. The extent to which the standard of living of the children should be reflective of the parent's ability to pay.

Each parent must file a verified statement of income. There is a Child Support Guidelines Worksheet contained in Alaska Rules of Civil Procedure; Rule 90.3. [Alaska Statutes; Sections 25.24.160 and 25.27.110 to 25.27.900, and Alaska Rules of Civil Procedure; Rule 67 and 90.3].

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Resource Article: Normal Childhood Behavior Misconstrued
By Gary Direnfeld, MSW, RSW


Normal Childhood Behavior Misconstrued

Normal childhood development has toddler-age children exploring their bodies, discovering the genitals and anus and taking pleasure from self-touching. They are at the toilet training stage of life and hence are drawn by normal parenting behavior to attend to these body parts. In intact families as children are observed to engage in self-stimulation and genital play, they are simply redirected to either stop, or to engage privately at appropriate time and place. In the context of high conflict separated parents, there is a risk to ascribe these childhood behaviors to sinister behavior on the part of one of the parents. So a parent may inadvertently bring greater attention to the child’s behavior and thus actually reinforce the concerning behavior themselves while at the same time alleging sexual abuse at the hands of the other parent.

As preschoolers, children take flight on playground equipment. They may be learning to ride their two-wheeler. Hence this is a time of childhood injuries, particularly bruises, bumped heads and broken arms. In the context of high conflict separated parents, a parent may be suspicious of child-abuse in view of injuries and use the situation to allege physical abuse or at least neglect. However, and again, even in intact families, children can get hurt; bump their heads and fall from bikes and playground equipment.

As school age children try to get their own way, they naturally try to pit parents against each other. They will use whatever strategy works. Kids may tell you that other kids are getting or doing what is desired or they may tell you that the “other parent” let’s them do as requested. In intact families, parents simply call their children on manipulative behavior or at least check with the other parent to determine if what the child is saying is true. However, in the context of high conflict separated parents, a parent may take what a child says at face value and believe that the other parent is undermining their own parenting or the values of the child.

In intact families or even between separated parents with good communication, normal childhood events tend not to escalate with suspicion and drama. Issues are nipped in the bud and children are redirected to appropriate behavior. Injuries are attended to without additional fanfare. A parent may feel guilty for a child’s injury, but not blamed per se.

In the context of high conflict separated parents, normal childhood behavior and incidents can take on epic proportions. Otherwise normal behavior can lead to suspicion or be used against a parent to undermine care and custody. As one parent cries foul, the other cries parental alienation syndrome. The fight is on and heats up to the point of boiling over. The child is caught in the middle and their behavior escalates as a result. Both parents then use the child’s behavior as evidence of their own claim against the other.

Here is where a good assessment is so necessary. The assessor will tease out normal from abnormal childhood behavior and incidents and determine how much of a child’s behavior is attributable to just the conflict between the parents versus truly sinister behavior deliberately aimed at harming or neglecting a child.

Parents beware though. Sometimes a cigar is just a cigar, despite suspicion.


Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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