Alaska Divorce

An Alaska divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of an Alaska divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Alaska divorce without the expense of an attorney.

Types of Divorce

Uncontested Divorce

A divorce in Alaska is uncontested when the spouses satisfy the following requirements:

1. There are no children born or adopted during the marriage who are currently under age 19 and the wife is not pregnant;
2. The spouses agree that "incompatibility of temperament has caused the irremediable breakdown of the marriage." This means there is no chance of saving the marriage because the husband and wife cannot get along.
3. The spouses have reached agreement on all of the following:
1. Distribution of all real and personal marital property (both jointly owned and separately owned and community property), including retirement benefits;
2. Payment of spousal maintenance (alimony), if any;
3. Payment of all existing debts owed by either or both of them and payment of any debts which may be incurred jointly in the future, and
4. The tax consequences of all the above agreements.
4. The property and spousal maintenance agreements are fair and just and the economic effect of the dissolution is fairly allocated.

Divorce in Alaska by Default

Once the Petitioner spouse files for divorce, he/she may request a divorce by default if the Respondent spouse fails to answer the petition within 20 days after having received it

Alternatives to Divorce in Alaska

A legal separation is when the parties live separately but remain legally married to one another. A husband or a wife may separately or jointly file a complaint in the superior court for a legal separation. A legal separation may be granted no more than once to the same married couple. A legal separation may be granted by the court based on a finding that (1) an incompatibility of temperament exists between the parties, and (2) the continuation of the parties' status as married persons preserves or protects significant legal, financial, social, or religious interests. A decree of legal separation does not restore the parties to the status of unmarried persons. A decree of legal separation modifies the parties' rights and responsibilities as married persons only to the extent specified in the decree of separation.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. The person seeking the annulment has the burden of proving to the court that one of the conditions of nullity has been met in order to have the annulment approved. Annulments are most often sought by people who feel stigmatized by the status of being divorced, or for ease of remarriage in their particular religion.