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Alaska Divorce Laws, Child Support, and Attorneys

Alaska Divorce Residency Requirements

There is no residency requirement for filing for an Alaska Divorce. If the party filing for the divorce lives in the State of Alaska, and the marriage has been solemnized, he or she can bring the action at any time. If the marriage has not been solemnized in Alaska, and the other party lives inAlaska, the party filing for the divorce can rely on the residence of the other party to file for an Alaska Divorce.

Alaska Divorce Grounds

An Alaska divorce may be granted for any of the following grounds:

  • Incompatibility of temperament which has caused the breakdown of the marriage;

  • Adultery;

  • Incurable mental illness when the spouse has been confined to an institution for a period of at least 18 months immediately preceding the commencement of the action;

  • Habitual gross drunkenness contracted since marriage and continuing for one year prior to the commencement of the action;

  • Addiction of either party, subsequent to the marriage, to the habitual use of opium, morphine, cocaine, or a similar drug;

  • Failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;

  • Conviction of a felony;

  • Willful desertion for one year;

  • Cruel and/or inhuman treatment calculated to impair health or endanger life; or

  • Personal indignities rendering life burdensome.

Joint Request for Alaska Divorce

Both parties may petition the Court for an Alaska divorce on the ground of incompatibility of temperament causing an irremediable breakdown of the marriage, so long as thefollowing conditions have been met:

  • If there are minor children or the wife is pregnant, the spouses have agreed on the custody, visitation, child support, including whether child support will be paid through the support enforcement agency or directly between the parties, and on the tax consequences of the agreement on the child;

  • a fair and just division of all jointly owned property including retirement benefits;

  • the payment of spousal support and the tax consequences of the support payments; and

  • the payment of all existing marital debts including the payment of any debts which the parties will jointly incur in the future.

One party may make this request for an expedited Alaska divorce on the ground of incompatibility of temperament, evidenced by extended separation of the spouses, which has caused the irremediable breakdown of the marriage. However, the party requesting the divorce must show that he or she hasbeen unable to obtain the other party's position regarding the divorce and resolution of the other issues because the other party's whereabouts are unknown. The party must have made reasonable efforts to locate the other spouse. It must also be shown that the other spouse cannot be personallyserved with the divorce papers.



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