Statutory Reference to Alaska Statutes:

Divorce: § 25.24.010 et seq., § 25.24.200

Alimony § 25.24.160

Property Distribution: § 25.24.160

Custody: § 25.24.150

Child Support: Rule 90.3, Rules of Civil Procedure

http://www.legis.state.ak.us/cgi-bin/folioisa.dll/stattx98

 

Residence:

No period of residence required.  After filing of complaint, however, 30 must elapse before divorce action may be heard.  Alaska R. Civ. Pro. 40(e).

 

Grounds:           

A divorce may be granted for any of the following grounds:

(1) failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;

(2) adultery;

(3) conviction of a felony;

(4) willful desertion for a period of one year;

(5) either: (A) cruel and inhuman treatment calculated to impair health or endanger life; (B) personal indignities rendering life burdensome; or (C) incompatibility of temperament;

(6) habitual gross drunkenness contracted since marriage and continuing for one year prior to the commencement of the action;

(7) [Repealed, Sec. 68 ch 127 SLA 1974];

(8) 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; the status as to the support and maintenance of the mentally ill person is not altered in any way by the granting of the divorce;

(9) addiction of either party, subsequent to the marriage, to the habitual use of opium, morphine, cocaine, or a similar drug.

 

The spouses may jointly petition for dissolution of marriage on ground of incompatibility of temperament causing an irremediable breakdown of the marriage, so long as they have agreed to property distribution, support, custody, and visitation. 

 

Distribution of Property:

Alaska's equitable distribution statute establishes a three-tier version of the dual classification model.  Property acquired during the marriage, except for gifts and inheritance, is classified as marital property, and it is divided equitable upon divorce.  Property acquired before the marriage is not marital property, but it can, nevertheless, be divided upon divorce if "the balancing of the equities between the parties requires it."  Property acquired after the date of classification is separate property and may not be divided.   Finally, when classifying property, Alaska follows the doctrine of "transmutation," finding that separate property used to support the marital estate "transmutes" into marital property. 

 

Alimony/Spousal Support:

Temporary: The court may make allowance for the support of either spouse pending the divorce. 

 

Permanent: The court may provide for recovery by one party from the other of an amount of money for maintenance, for either a limited time or an indefinite time, in gross or in installments, as may be just and necessary without regard to fault.

 

Child Custody/Visitation:

The court shall determine custody in accordance with the best interests of the child, and may consider all relevant factors including: (1) the wishes of the child's parent or parents; (2) the wishes of the child; (3) the relationship between each parent and the child, and any other person who interacts with the child; (4) the child's adjustment to home, school, community; (5) the mental and physical health of all individuals involved; (6) which parent will foster a positive parent-child relationship between the child and the other parent; (7) who was the primary caretaker; (8) the nature and extent of coercion, if any, by a parent in obtaining an agreement regarding custody; (9) whether either parent has complied with an order to attend domestic relations education. 

Evidence of domestic violence may be considered contrary to the best interest of the child. 

There is no presumption in favor of sole custody or joint custody.  Joint custody may be ordered if both parents agree and submit a written parenting plan and such joint custody is in the child's best interest. 

 

Child Support:

Child Support Guidelines at Rule 90.3, Alaska Rules of Civil Procedure. 

Based on Flat Percentage of Income model.  Support terminates at age 18, or 19 of child is enrolled in high school or the equivalent and is residing with custodial parent.  Court may not require either parent to pay for post-majority college tuition.