ALASKA DIVORCE LAWS:
The Residency Requirement: There is no residency requirement. The spouses may jointly petition for dissolution of marriage on grounds of incompatibility of temperament, so long as they have agreed to property distribution, support, custody, and visitation.
Grounds: No-Fault: Incompatibility of temperament, which has caused the irremediable breakdown of the marriage; Fault: Failure to consummate the marriage; Adultery; Conviction of a felony; Willful desertion for one year; Cruel and inhuman treatment; Habitual gross drunkenness; Incurable mental illness; Drug addiction.
Property Division: Alaska is an “equitable distribution” state, which allows the court to divide certain property equitably, i.e., fairly, and other property not at all. Property acquired during the marriage, except for gifts and inheritance, is classified as marital property, and it is divided equitably 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 the parties separate is separate property and may not be divided. (click the following for an expert's overview and key tips on dividing up property through divorce).
Alimony: Alimony can be awarded to a husband or wife, as is necessary to provide that person with the standard of living the parties enjoyed during the marriage.
Child Custody and Child Support: As in every state, custody is based on “the best interests of the child.” Legal and/or physical custody may be awarded to the father or the mother. (click the following for an overview and list of articles on child custody and child support).
Alaska child support guidelines use a percentage of income model, meaning the noncustodial parent pays a set percentage of his or her adjusted gross income:
- 20 percent for one child;
- 27 percent for two children;
- 33 percent for three children;
- Add 3 percent for each additional child.
The state of Alaska has an on-line calculator for child support. https://webapp.state.ak.us/cssd/guidelinecalc.jsp.
Support terminates at 18, or at 19 if a child is enrolled in high school, or the equivalent, and is residing with the custodial parent. The court does not require either parent to pay for post-majority college tuition.
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.