Alaska Divorce

Residency Requirement

Alaska does not have a strict residency requirement. Alaska only requires that one spouse live in the state for at least 30 days immediately before filing for divorce.

Beginning Your Alaska Divorce Case

1. The petitioning spouse must file a summons and "complaint" for divorce with the Superior Court in the county of residence.
2. This complaint is then served on the responding spouse.
3. The responding spouse has 20 days to reply.
4. If the responding spouse fails to respond to the complaint, then the court will issue a “default” and give the filing spouse everything he/she requested in the complaint.
5. The final step in any Alaska divorce case is when the judge signs the “Decree of Dissolution of Marriage.” This decree means that the divorce is legal or finalized.

Dividing the Property

In any divorce, all property and debts must be distributed. Alaska divorce laws provide for an equitable distribution of all property acquired during a marriage. However, an equitable distribution does not mean that the court will automatically divide the property 50/50.

One spouse may be awarded more property, for instance, if he/she is also awarded physical custody of minor children. Or, a spouse may be awarded less property if he/she earns a substantially higher income than the other spouse. Of course, the spouses are free to come to an agreement regarding the division of property instead of letting the court make that decision. However, in the end, the court will need to approve any agreement between the spouses.

Alimony

In Alaska, the court may award spousal support or alimony to either spouse, regardless of gender. A spouse seeking to obtain alimony must specifically request it in the divorce papers. If you do not request spousal support in your complaint or response, the court may determine that you have forfeited your right to it. In determining the need, duration, and amount of maintenance, the court will consider:

• The financial condition of each spouse after the divorce
• The lifestyle the spouses enjoyed during the marriage
• Whether a spouse needs support for the purpose of being trained or receiving an education in order to pursue a job or career
• Whether the spouse who would pay such alimony has received greater job skills or education during the marriage because of the efforts of the spouse requesting alimony

Providing for the Best Interests of the Children

Divorce can be overwhelming for anyone. Children are especially sensitive to the issues surrounding divorce. As such, the court are especially concerned for the best interests of the children involved in divorce cases. The divorce court will be certain to provide for their financial, educational, and emotional needs from the beginning of the case. The court may even issue a temporary order regarding child custody and support in order to provide for the children first and foremost.

Child Custody

In any Alaska divorce case involving minor children, the court will determine which parent will receive custody of the children. In figuring out which parent the children will live with, the court will consider:

• The physical, emotional, and social needs of the children
• The capabilities and desires of each parent to meet these needs
• The relationship each child has with each parent
• The wishes of the child if the child is old enough and capable of making an intelligent choice
• Whether either parent has engaged in any act of domestic violence against the child, the parent, or anyone else

Child Support

Both parents have an ongoing obligation to provide financial support for their minor children until they reach the age of 18--or 19, if they are still in high school. Child support is based on the Alaska Child Support Calculator. The Alaska divorce court considers the following factors in figuring out the amount and duration of any child support payments:

• The cost of child care
• The age of the child
• The cost of health insurance
• Any special educational, medical, or emotional needs of the child (For instance, if the child requires therapy, the court may consider the expense of such therapy when awarding child support.)
• The legal responsibility of the parents for the support of others, such as parents or minor children who are not the product of the marriage
• The amount of time the child spends with each parent

Other Useful Information

• Alaska Child Support Services Division
• Alaska Court System Family Law Self-Help Center
• Mediation Services
• Alaska Bar Association