Divorce Statutes in Alaska- Dissolution of marriage

Alaska divorce statutes Custody & Visitation AS §25.24.150.

(a) In an action for divorce or for legal separation or for placement of a child when one or both parents have died, the court may, if it has jurisdiction under AS 25.30.300 - 25.30.320, and is an appropriate forum under AS 25.30.350 and 25.30.360, during the pendency of the action, or at the final hearing or at any time thereafter during the minority of a child of the marriage, make, modify, or vacate an order for the custody of or visitation with the minor child that may seem necessary or proper, including an order that provides for visitation by a grandparent or other person if that is in the best interests of the child. (b) If a guardian ad litem for a child is appointed, the appointment shall be made under the terms of AS 25.24.310 (c).
(c) The court shall determine custody in accordance with the best interests of the child under AS 25.20.060 - 25.20.130. In determining the best interests of the child the court shall consider:
     (1) the physical, emotional, mental, religious, and social needs of the child;
     (2) the capability and desire of each parent to meet these needs;
     (3) the child's preference if the child is of sufficient age and capacity to form a preference;
     (4) the love and affection existing between the child and each parent;
     (5) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
     (6) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child;
     (7) any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
     (8) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
     (9) other factors that the court considers pertinent.
(d) In awarding custody the court may consider only those facts that directly affect the well-being of the child.
(e) Notwithstanding the provisions of (d) of this section, in awarding custody the court shall comply with the provisions of 25 U.S.C. 1901 - 1963 (P.L. 95-608, the Indian Child Welfare Act of 1978).
(f) If the issue of child custody is before the court at the time it issues a judgment under AS 25.24.160 , the court shall concurrently issue a  judgment for custody under this section unless, subject to AS 25.24.155, the court

delays the custody decision for a later time.
(g) There is a rebuttable presumption that a parent who has a history of perpetrating domestic violence against the other parent, a child, or a domestic living partner may not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody of a child.
(h) A parent has a history of perpetrating domestic violence under (g) of this section if the court finds that, during one incident of domestic violence, the parent caused serious physical injury or the court finds that the parent has engaged in more than one incident of domestic violence. The presumption may be overcome by a preponderance of the evidence that the perpetrating parent has successfully completed an intervention program for batterers, where reasonably available, that the parent does not engage in substance abuse, and that the best interests of the child require that parent's participation as a custodial parent because the other parent is absent, suffers from a diagnosed mental illness that affects parenting abilities, or engages in substance abuse that affects parenting abilities, or because of other circumstances that affect the best interests of the child.
(i) If the court finds that both parents have a history of perpetrating domestic violence under (g) of this section, the court shall either
     (1) award sole legal and physical custody to the parent who is less likely to continue to perpetrate the violence and require that the custodial parent complete a treatment program; or
     (2) if necessary to protect the welfare of the child, award sole legal or physical custody, or both, to a suitable third person if the person would not allow access to a violent parent except as ordered by the court.
(j) If the court finds that a parent has a history of perpetrating domestic violence under (g) of this section, the court shall allow only supervised visitation by that parent with the child, conditioned on that parent's participating in and successfully completing an intervention program for batterers, and a parenting education program, where reasonably available, except that the court may allow unsupervised visitation if it is shown by a preponderance of the evidence that the violent parent has completed a substance abuse treatment program if the court considers it appropriate, is not abusing alcohol or psychoactive drugs, does not pose a danger of mental or physical harm to the child, and unsupervised visitation is in the child's best interests.
(k) The fact that an abused parent suffers from the effects of the abuse does not constitute a basis for denying custody to the abused parent unless the court finds that the effects of the domestic violence are so severe that they render the parent unable to safely parent the child.

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Alaska divorce statutes Grounds for Divorce §25.24.050.

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.

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Alaska divorce statutes Divorce Settlement. Dividing Assets §25.24.160.

(a) In a judgment in an action for divorce or action declaring a marriage void or at any time after judgment, the court may provide
     (1) for the payment by either or both parties of an amount of money or goods, in gross or installments that may include cost-of-living adjustments, as may be just and proper for the parties to contribute toward the nurture and education of their children, and the court may order the parties to arrange with their employers for an automatic payroll deduction each month or each pay period, if the period is other than monthly, of the amount of the installment; if the employer agrees, the installment shall be forwarded by the employer to the clerk of the superior court that entered the judgment or to the court trustee, and the amount of the installment is exempt from execution;
     (2) for the recovery by one party from the other of an amount of money for maintenance, for a limited or indefinite period of time, in gross or in installments, as may be just and necessary without regard to which of the parties is in fault; an award of maintenance must fairly allocate the economic effect of divorce by being based on a consideration of the following factors:
          (A) the length of the marriage and station in life of the parties during the marriage;
          (B) the age and health of the parties;
          (C) the earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage;           (D) the financial condition of the parties, including the availability and cost of health insurance;
          (E) the conduct of the parties, including whether there has been unreasonable depletion of marital assets;
          (F) the division of property under (4) of this subsection; and
          (G) other factors the court determines to be relevant in each individual case;
     (3) for the delivery to either party of that party's personal property in the possession or control of the other party at the time of giving the judgment;
     (4) for the division between the parties of their property, including retirement benefits, whether joint or separate, acquired only during marriage, in a just manner and without regard to which of the parties is in fault; however, the court, in making the division, may invade the property, including retirement benefits, of either spouse acquired before marriage when the balancing of the equities between the parties requires it; and to accomplish this end the judgment may require that one or both of the parties assign, deliver, or convey any of their real or personal property, including retirement benefits, to the other party; the division of property must fairly allocate the economic effect of divorce by being based on consideration of the following factors:
          (A) the length of the marriage and station in life of the parties during the marriage;

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Alaska divorce statutes Spousal Support-Alimony §25.24.140 Orders During Action

(a) During the pendency of the action, a spouse may, upon application and in appropriate circumstances, be awarded expenses, including      (1) attorney fees and costs that reasonably approximate the actual fees and costs required to prosecute or defend the action; in applying this paragraph, the court shall take appropriate steps to ensure that the award of attorney fees does not contribute to an unnecessary escalation in the litigation;
     (2) reasonable spousal support, including medical expenses; and
     (3) reasonable support for minor children in the care of the spouse and reasonable support for unmarried 18-year-old children of the marriage who are actively pursuing a high school diploma or an equivalent level of technical or vocational training and living as dependents with the spouse or designee of the spouse, if there is a legal obligation of the other spouse to provide support. (b) During the pendency of the action, upon application, a spouse is entitled to necessary protective orders, including orders
     (1) providing for the freedom of each spouse from the control of the other spouse;
     (2) for protection under AS 18.66.100 - 18.66.180;
     (3) directing one spouse to vacate the marital residence or the home of the other spouse;
     (4) restraining a spouse from communicating directly or indirectly with the other spouse;
     (5) restraining a spouse from entering a propelled vehicle in the possession of or occupied by the other spouse; and
     (6) prohibiting a spouse from disposing of the property of either spouse or marital property without the permission of the other spouse or a court order.
(c) Except as provided in (d) and (e) of this section, after a hearing, if both parties agree,

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Alaska divorce statutes Annulment-Void Marriages §25.24.030.

A marriage may be declared void for any of the following causes existing at the time of the marriage:
(1) that the party in whose behalf it is sought to have the marriage declared void was under the age of legal consent, and the marriage was contracted without the consent of the parents, guardian, or person having charge of that party, unless, after attaining the age of consent, the party for any time freely cohabited with the other as husband and wife;

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Alaska divorce statutes Legal Separation §25.24.400.

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.

Alaska divorce statutes Grounds For a Legal Separation. §25.24.410.

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.

Alaska divorce statutes Effect of Separation. §25.24.460.

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.

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Alaska divorce statutes Mediation §25.24.060.

(a) Except as provided in (f) and (g) of this section, at any time within 30 days after a complaint or cross-complaint in a divorce action is filed, a party to the action may file a motion with the court requesting mediation, for the purpose of achieving a mutually agreeable settlement in termination of the marriage. When a party moves for settlement mediation, the other party shall answer the motion on the record, and the judge may order mediation. When no request for mediation is made, the court may at any time order the parties to submit to mediation if it determines that mediation may result in a more satisfactory settlement between the parties.
(b) The court appoints the mediator. The court may appoint any person the court finds suitable to act as mediator. Each party shall have the right once to challenge peremptorily any mediator appointed.
(c) Mediation shall be conducted informally as a conference or series of conferences. The parties to the action and a court-appointed representative of any unmarried children of the marriage under the age of 19 whose interests may be affected shall attend. Counsel for the parties may attend all such conferences.
(d) After the first conference, either party may withdraw, or the mediator may terminate mediation if the mediator determines that mediation efforts are unsuccessful. Upon withdrawal by either party or termination by the mediator, the mediator shall notify the court that mediation efforts have failed, and the divorce action shall proceed in the usual manner.
(e) Upon submission of the parties to mediation under this section, divorce proceedings then pending shall be stayed for a period of 30 days or

until the court is notified that mediation efforts have failed. All court orders made under AS 25.24.140 remain in effect during the period of mediation.
(f) The court may not order or refer parties to mediation in a divorce proceeding if a protective order issued or filed under AS 18.66.100 - 18.66.180 is in effect. The court may not order or refer parties to mediation if a party objects on the grounds that domestic violence has occurred between the parties unless the court finds that the conditions of (g)(1) - (3) of this section are met. If the court proposes or suggests mediation under this subsection,
     (1) mediation may not occur unless the victim of the alleged domestic violence agrees to the mediation; and
     (2) the court shall advise the parties that each party has the right to not agree to mediation and that the decision of each party will not bias other decisions of the court.
(g) A mediator who receives a referral or order from a court to conduct mediation under (a) of this section shall evaluate whether domestic violence has occurred between the parties. A mediator may not engage in mediation when either party has committed a crime involving domestic violence unless:
     (1) mediation is requested by the victim of the alleged domestic violence, or proposed by the court and agreed to by the victim;
     (2) mediation is provided by a mediator who is trained in domestic violence in a manner that protects the safety of the victim and any household member, taking into account the results of an assessment of the potential danger posed by the perpetrator and the risk of harm to the victim; and
     (3) the victim is permitted to have in attendance a person of the victim's choice, including an attorney.

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Alaska divorce statutes Residency §25.24.420.

One of the parties to a complaint for legal separation must be a resident of the state at the time the action is commenced.

Alaska requires that the spouse filing for divorce be a resident of the state. If the marriage was not solemnized in the state, the residence of the other

spouse in this state inures to the plaintiff's benefit and the action may be instituted if the other spouse is at the time of its commencement qualified as to residence to institute a similar action. There is no residency time limit for filing divorce actions. (AS 25.24.080 & AS 25.24.090)

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