Divorce is the dissolution of the marriage bond. Since marriage is a legal relationship, divorce too must be a formal legal action. Divorce begins when one party petitions the court or "files" for a divorce. Generally this must occur within the state where the parties are residing and/or where they lived for the months prior to filing. Regulations concerning issues like when a couple may divorce, how property is divided, and how alimony and child support are calculated, do vary from state to state; so it is important to understand the laws specific to the location where you live. Following are some of the issues you should be aware of if you divorce in Alaska.
Who can file for divorce in Alaska?
Alaska requires that the party who is filing for divorce be a resident of the state of Alaska. Unlike some states, there is no specific requirement that you must have resided in Alaska for any length of time before filing for a divorce there. If you live in Alaska and you intend to stay there, you can file for divorce there. If you do not live in Alaska and you were not married there, you can still file for divorce there, provided that your spouse is a resident of Alaska at the time of the divorce.
Must we be separated first?
Alaska does not require you to be separated for a set amount of time before divorcing. The state will recognize a legal separation agreement if one is drafted, but each couple may only have one separation agreement in the course of their marriage. If you separate, get back together and separate again, you generally may not put another formal legal separation agreement into place.
How much does it cost?
The filing fee for divorce varies depending on which county you reside in. Typically court fees are around $150. Divorces using a lawyer can cost several thousand dollars in legal fees in addition to court fees and costs.
How long will it take?
Once the paperwork is filed, there is usually a 30-day waiting period before a judge will sign the final divorce decree.
Do I need grounds for divorce in Alaska?
Alaska has joined most other states in allowing no-fault divorce, so grounds are unnecessary. The no fault grounds in Alaska are called "incompatibility of temperament" and can be used when the party filing for divorce doesn't want to assert that the other spouse has done any specific behavior that led to the divorce. When no-fault grounds are chosen, the divorce action is referred to as a "Decree of Dissolution of Marriage."
Is it better if I have grounds for divorce?
Since there is the option of the "incompatibility of temperament" as grounds for divorce, it does not matter if you have other grounds or not. In fact, it can be more difficult to prove your grounds for divorce if you choose to opt for a fault divorce.
What are grounds for divorce?
If you do opt for a fault divorce, Alaska recognizes several grounds for such a divorce, including:
- Adultery
- Desertion for a year
- Drug abuse
- Conviction of a felony
- Alcoholism or addiction to drugs
- Incurable mental illness
- Failure to consummate the marriage
- Cruel and inhumane treatment
- Personal indignities
Can I get temporary support during the divorce?
Yes, a judge may give temporary spousal support if a couple has separated and is not yet divorced. This will help the spouse maintain a standard of living while adjusting to the marriage ending.
How is marital property handled in divorce in Alaska?
Alaska is an "equitable distribution" state (as opposed to a "community property" state). This means marital property will be fairly divided among the two parties--which doesn't necessarily mean it is going to be divided in half. Considerations the court will take into account when dividing up property include these:
- How long you were married
- The ages and health of the spouses
- Your financial condition and capacity to earn money
- Any children and their needs, such as continuing to live in the family home
- The way you each have conducted yourselves
- When property was attained
- Whether the property will increase in value
- The general needs and circumstances of each party
How are retirement assets divided?
Retirement assets are considered part of a couple's marital assets and are part of the division of assets during a divorce. How they are divided will depend on the type of account. When the retirement account that is divided is a pension account or retirement account that falls under the provisions of ERISA (Employee Retirement Income and Security Act), a legal document called a QDRO (Qualified Domestic Relations Order) will need to be approved. The QDRO will protect the non-earning spouse's right to collect a part of the assets from the pension/retirement plan in the future as an alternate payee.
What are the child support guidelines in Alaska?
Child support is appropriate when one parent has primary or full custody and thereby is more responsible for providing care for a child. The court will strive to base the decision on which parent has custody by looking at the following factors:
- The child’s needs: mental social, physical, emotional and so on
- The parent’s desire to meet those needs
- The relationship between the child and the parents
- The desires of the child if old enough to have a preference
- The attitudes of each parent toward allowing a relationship between the child and the other parent
- How long the child has lived in a stable environment
- Any evidence of neglect, abuse or drug abuse on the part of a parent
Support will then be calculated according to a formula established in Civil Code Section 90.3:
- The adjusted gross income of the noncustodial parent is determined. (This is the parent's income minus taxes, union dues, mandatory pension plan contributions, voluntary contributions to retirement accounts not to exceed 7.5 percent of income, prior alimony or spousal support orders already in effect, and work-related expenses for the child.)
- The adjusted gross income is then multiplied by a set percentage based on the number of children:
- 20 percent for 1 child
- 27 percent for 2 children
- 33 percent for 3 children
- 3 percent for any additional children
Payments may be reduced (up to 75 percent) if the parent who does not have primary custody receives extended visitation of the child.
What about spousal support or alimony?
Alimony may be given to either party in a divorce and can be a lump sum or distributed in installments. Some considerations when determining if alimony is appropriate include the following:
- The length of marriage
- Each person’s age, health, earning capacity, financial situation and conduct
- Property division
Can we reach a marital settlement agreement out of court?
You are encouraged to reach an agreement out of court, especially on issues of child custody. Doing so will allow you to file an uncontested no-fault divorce, which can save a great deal of money. If you are unable to come to an agreement solely by yourselves, mediation or a collaborative divorce coach may help to facilitate communication and allow you to resolve the issues in the divorce without getting a judge involved.
What happens if we can't agree on settlement terms?
If you cannot agree on settlement terms, either party can ask for mediation to come to an agreement satisfactory to each. The parties are also free to contest issues in court, although this can result in a contested divorce and significant additional expenses.
Other Important Considerations in Alaska Divorce Cases
There are a few other important considerations for divorce in Alaska:
- In Alaska, either party may change his or her name.
- You are allowed to mail in the documents to file for divorce.
- Court fees may be waived if you cannot afford them.
Getting Help
Divorce is both stressful and emotional. It is also legally complicated. For all these reasons, you should strongly consider getting a divorce lawyer if you are considering divorce in Alaska. Your lawyer can assist you throughout the divorce process and help to ensure your rights are protected and that your divorce goes as smoothly as possible.
