Alaska Divorce Recovery

Child Custody

State laws require that if you are a parent, you and your soon-to-be-ex will need a parenting plan agreement for either legal separation and divorce. If you cannot complete an agreement on your own, the court will create one for you, and the court's plan may not be as detailed as one you might put together. Considerations the court includes when it determines a parenting plan are:

1. the physical, emotional, mental, religious, and social needs of your child;
2. the capability and desire of each of you to meet those needs;
3. your child's preference as to custody if the child is old enough and mature enough to form a preference;
4. the love, affection and bonds existing between your child and each of you;
5. how much time the child has lived in a stable, satisfactory environment and the desirability of maintaining that environment;
6. the desire and ability of you to allow an open, loving and frequent relationship between your child and each of you;
7. if there is any evidence of domestic violence, child abuse, or child neglect in your household(s) where child custody has been proposed, or a history of violence between you two;
8. any evidence that substance abuse by either one of you, or other members of the household that may have directly affected the emotional or physical well-being of your child;
9. any other factors that the court considers pertinent in determining custody of your child. Alaska family laws instruct the courts to make decisions in the best interest of the child.

Joint custody is termed shared custody. Statutes specifically prohibit the preference of one gender over the other. If the court believes shared custody will promote frequent and continuing contact with each of you, and would be in your child's best interest, the court may order that arrangement. This award can be legal, physical, or both (see our Glossary).

In determining whether to award shared custody, the court may consider any of the following:

1. your child's preference as to custody if the he/she is is old enough and mature enough to form a preference;
2. the needs of your child;
3. the stability of the home environment likely to be offered by each of you;
4. the education of your child;

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

In situations where the non-custodial parent spends extended summer vacations with the children or has the children in his or her extended care at other times, that parent can reduce his or her child support payments by up to 50% for any period in which he or she has extended visitation of over 27 consecutive days with the child {Alaska C.R. 90.3}.

Parents may not exercise this without it being provided for in a court order. The order must specify the amount of the reduction which is allowable if the extended visitation is exercised. It is advisable that this be a stated part of the overall divorce agreement to reduce disagreement later. Examples of income for purposes of computing one's total income can include: salaries and wages, commissions, severance pay, bonuses, profit-sharing, dividends and interest, workers comp and unemployment compensation, pensions, annuities, capital gains, social security, veterans benefits, military pay and more. Most forms of cash flow will be considered income for purposes of calculation of child support.

Concerned about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

Children as dependents for tax purposes

The court may grant a noncustodial parent the right to claim a child as a dependent under federal tax laws for a tax year if the noncustodial parent satisfies the requirements of federal law and was not in arrears at the end of the tax year in an amount more than four times the monthly obligation.

Educational program/counseling

The court can order the parties to attend an educational program concerning the impact of separate parenting and co-parenting, visitation, conflict management, etc.

For parents wishing to apply for child support, they can complete both an application along with an affidavit of child support payments they have already received, and send the above to The Alaska Child Support Services Division. ACCS will help put a child support order in place. The Alaska Child Support Services Division is located at 550 W. 7th Ave., Suite 310 Anchorage, AK 99501-6699 Fax number: (907) 787-3189 

Download Alaska Divorce Forms

[Based on Alaska Statute 25.24.160]

Marriage Annulment - Marital Annulment

An annulment is a legal procedure that dissolves a couple's marital status by establishing that a valid marriage never existed. An annulment nullifies an already void marriage. The marriage will be set aside as if it never happened (a nullity), returning the parties back to single status. 

State laws provide that in cases where an annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive. An annulment in Alaska is not the easiest procedure you'll go through. Like a divorce or separation you'll need to petition the court for an annulment, provide grounds for requesting the declaration, have your partner served and wait for a hearing date. Courts require greater proof (more convincing evidence) for annulments than they do for divorces. Grounds for an annulment include:

• Fraud or Duress - If your spouse has married you by misrepresenting him or herself,
• Under age Marriage - annulment petitions are accepted from parties that were part of a marriage involving either being younger than 15,
• Mental Illness or Incapacity - If your spouse had a mental illness at the time of the marriage and you do not want to continue living with him or her,
• Bigamy or multiple marriages - If your spouse was already married and entered into a marriage with you,
• Impotency - If your spouse is impotent and you were not aware of this fact before marriage.

To find out if you qualify for an annulment, complete the questionnaire and then download the annulment forms.

 

A void marriage is a marriage which is prohibited by law. Consanguinity (marrying blood relatives) and marrying someone while still legally married to another are examples of void marriages.

[Based on Alaska Statutes 25.25.01, 25.20.050, 25.24.030]

Child Support

If you think Alaska is wild, wait until you navigate a divorce in this state. State law bases child support calculations on the "percentage of obligor income", or "Wisconsin Model", a controversial model that does not take into consideration the custodial parent's income in any meaningful way. Wait you say?! What about 'her' income? The answer is: it doesn't matter to Alaska courts.

Parents that are divorcing are afforded an opportunity to create and agree to an over all Parenting Plan and Child Visitation Schedule between themselves without court interference. If the parties still can't agree on the day of the week much less parenting issues are unable to agree, the court will impose its own parenting plan on you. The court's plan isn't likely to be as detailed as yours might be, so do your best to come to agreement with the spouse.

Child support is intended to provide the child with the standard of living he or she may have enjoyed had there not been a divorce. Child support obligations end once the child reaches at 18, or age 19 if the child is enrolled in high school or the equivalent, but not past age 19.

Alaska is unique in that it has a pool of funds (Permanent Fund Dividend) created by oil exploration and revenues that distributes a dividend to residents each year, and the amount of that dividend is determined by how long one has been a resident of the state. These distributions are often seized by the state when an arrearage to a child support obligation has occurred. Note that residents who have certain criminal convictions can be excluded from dividends. In 2008, each qualifying resident received $2,069.00 from this fund.

Concerned about custody and visitation issues in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

 

State laws instruct the court to first determine primary physical custody and award child support to that parent. The child support calculation will be the adjusted annual income of the non-custodial parent after deducting certain expenses, and then multiplying that figure by the following percentages:

• 20% for one child;
• 27% for two children;
• 33% for three children; and
• an extra 3% for each additional child.

In cases where the parents each make significant incomes, inequity arises in that the non-custodial parent can end up paying most or all of the everyday expenses of the children, leaving the custodial parent potentially contributing much less. State law mandates child support be calculated on net income. In cases where a marriage separation is petitioned for, state law requires the resolution of all issues including child support. Child support is be paid from Adjusted Gross Income, which is the parent's total income from all sources minus:

• Federal, state, and local income tax;
• Social Security tax or the equivalent contribution to an alternate plan established by a public employer, and self-employment tax;
• Medicare tax;
• Mandatory union dues;
• Mandatory contributions to a retirement or pension plan;

If you have a child support obligation due, there are a number of channels that will process your payment, including electronic transfer. If support is owed to you, you may choose to receive child support payments electronically, which includes an optional Visa debit card.

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle?  Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

Waiver of Child Support

An agreement to waive past or future child support, made between an obligor and a person who is entitled to receive support on behalf of an obligee, is not enforceable unless the agreement is put in writing at the time the agreement is made; and the agreement is signed at the time it is made by both the obligor and the person acting for the obligee. In a separation, dissolution, or divorce proceeding, a court may not accept a waiver of support by a custodial parent without proof that the custodial parent can support the needs of the child adequately.

Health Care Coverage

The court will address coverage of the children's health care needs and require health insurance for the children if insurance is available to either parent at a reasonable cost. The court will also allocate equally the cost of insurance between the parties unless the court orders otherwise for good cause. An obligor's child support obligation will be decreased by the amount of the obligee's portion of health insurance payments ordered by the court and actually paid by the obligor. A child support award will be increased by the obligor's portion of health insurance if the obligee is ordered to, and actually does obtain and pay for insurance.

[Based on Alaska Statutes 25.24.160]

How to file for divorce yourself - DIY Divorces

Whether or not you decide to file for divorce yourself should depend on the simplicity or complexity of your particular situation. The rule of thumb is: If you and your spouse can find agreement on all the important issues, and your assets aren't too complex, you can make the journey Pro Se; that is, without a divorce lawyer charging you for legal advice.

How much does it cost?

The cost of filing the necessary paperwork with the court has a fixed cost of $150 (2012). If you cannot afford the fee, you may be eligible for a fee waiver. Complete Exemption From the Payment of Fees form TF-920 and submit to the court at the time you file your divorce papers. Your divorce complaint gets held until the exemption gets ruled on. Check with your court on the timing of getting your summons after that ruling.

Where do you file?

An action for divorce in Alaska is filed in the Superior Court.

Worried about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

Are the filings fees paid up front?

Yes, filing fees are expected to accompany your paperwork for divorce. You may claim a hardship that will get the fees waived if you qualify. See exemption comments above.

What forms will you need?

You will need the following forms to manage your divorce. All of these forms come with the Divorce Forms Combo Packages. Just follow the instructions. Those forms are:

• Marital Settlement / Separation Agreement
• Property Division Worksheets Kit
• Financial Statement for Divorce
• Divorce Testimony Worksheet
• Complaint for Divorce
• Appearance Consent and Waiver Form Kit
• Decree of Dissolution of Marriage

What is the procedure?

1. Complete the following three (3) forms and file them with the county clerk's office with your $150.00 (or exemption request):

• Petition for Dissolution of Marriage.
• Information Sheet
• Certificate of Divorce, Dissolution of Marriage or Annulment.

2. Ask the clerk's office for instructions on setting a hearing date.

3. In most cases both spouses must attend the hearing. At the hearing the court will ask a variety of questions to be certain you both understand all that you are agreeing to.

4. The hearing will conclude, and in all likelihood, you will receive the final divorce decree in the mail in the coming days. Any instructions by the court must be followed, or your ex may bring you back to court at your expense.

A word on the Settlement Agreement - If there is a place where the process gets bogged down, it is resolving divorce settlement issues. They must be resolved and agreed to in order to move your DIY filing to a successful conclusion (without legal fees). The issues are:

• Equitable Distribution of Assets
• Equitable Distribution of Liabilities
• A parenting or co-Parenting Plan
• Child Support
• Spousal Support (Alimony)

See our discussion on Do-It-Yourself Divorce

Concerned about custody and visitation issues in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

[Based on Alaska Statutes 25.24.200-260]

Legal Separation - Marital Separation

A legal separation does not restore the parties to the status of unmarried persons, but only modifies their rights and responsibilities to the extent specified in the decree of separation.

Legal separation will be granted if the court finds: 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.

If a court finds that the grounds exist, the court may enter a decree of legal separation. Unless otherwise provided in the decree, provisions for child custody and visitation, child support, and spousal support included in a decree of legal separation are final orders subject to modification under certain conditions. If the decree of legal separation includes provisions for division of property and debts of the marriage, the decree must state whether the division is an interim or final order. A decree of legal separation modifies the parties' rights and responsibilities as married persons only to the extent specified in the decree of separation.

Worried about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

One files a petition for a separation from marriage much like they would for a dissolution of marriage. A legal separation (sometimes referred to as a marital separation) may be granted by the court if it finds that incompatibility exists and the continuation of the parties' status as married persons preserves or protects significant legal, financial, social, or religious interests. The judge hearing a legal separation case will decide child custody, child support, spousal support and the division of property and debts. The separation process will not alter the marital status of the parties, and one will need to petition the court sometime in the future if there is a desire to change it from separation to divorce. A separation from divorce allows the parties to live separate lives. A legal separation is sometimes pursued when one of the parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income tax reasons, wants to maintain various insurance coverage's, or does not want to wait the state statutory waiting period for termination of marital status. 

A legal separation may be granted no more than once to the same married couple.

The terms of a legal separation can be modified or dissolved only by written consent of both parties and with approval by the court.

 

See Separation Agreements

[Based on Alaska Statutes 25.24.460 and AS 25.24.450]

Dividing marital assets

State laws provide for "fair and equitable" division of community property, including debt. In marriages of short duration, the court may choose to restore the two parties to the financial situation they were at before marriage. Fair and equitable means that the court will divide the marital property between the parties as it deems equitable and just, without regard to fault. Alaska divorce laws mandate that the court make the division in what it considers a fair way, although that may not mean evenly. Spouses can and do receive greater than half the community property.

Courts consider what is known as the "Merrill factors" in determining division of community property. Those considerations include:

• The length of the marriage,
• The age and health of the parties,
• The earning capacity of the parties,
• The financial condition of the parties,
• The conduct of the parties, including whether there has been an unreasonable depletion of marital assets,
• The desirability of awarding the family home, or the right to live in it for a reasonable period of time to the party with custody of the child, if any,
• The circumstances and necessities of each party,
• The time and manner of acquisition of the property in question and
• The income producing capacity of the property and the value of the property at the time of division.

[Based on Alaska Statutes 25.24.160]

Alimony - Spousal Support - Maintenance

In general terms, alimony awards are not routinely awarded in Alaska Family Courts. Rather, judges prefer to provide a spouse with additional property at the time of divorce. Two types of spousal support awards are considered: Rehabilitation Support, where the money that gets paid funds the costs for job training or school. Reorientation Support is also considered and serves to help you get used to living on less money than when you were married. Alimony may be awarded to either party without regard to fault in either lump sum or installment payments. Alimony (aka spousal support or maintenance) is often intended by the courts to be rehabilitative or for re-orienting a person back into the work force. Laws guide the court to consider "any factors (it) determines to be relevant" when dividing community property and awarding spousal support. You can count on alimony being of short duration in many cases. Factors the court may consider in determining alimony include:

• The length of the marriage and the station in life of the parties during the marriage,
• The age and health of the parties,
• The earning capacity of the parties,
• The financial condition of the parties,
• The conduct of the parties, including whether there has been an unreasonable depletion of marital assets,
• The division of property and
• Any other relevant factors.

Alimony comes to an end

Alimony ends if and when a petition is filed that provides proof that the spouse receiving such alimony has remarried or that such spouse is living openly or cohabiting with a member of the opposite sex.

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

[Based on Alaska Statutes 25.24.160]

Visitation

Alaska affords the same basic rights to visitation (or co-parenting) for non-custodial parents that all other states do. If parents can't arrive at a Parenting Agreement, state courts will impose upon the non-custodian with a basic, cookie-cutter type visitation schedule. It will include every other weekend, one night per week, alternate holidays, Mother's and Father's Days, and a liberal summer stay.

Worried about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

The courts must continue to make decisions in the best interest of the children, but when considering an out of state move, must examine the following factors before making that determination:

• the reasons why the parent wishes to relocate with the child;
• the reasons why the other parent objects to the proposed move;
• the educational opportunities for the child in the present home community and/or in the proposed new community;
• whether there is extended family in the present home community and/or in the proposed new community;
• the benefits of the child remaining with the parent with whom the child presently resides a majority of the time; the anticipated impact of the move on the child;
• whether meaningful Parenting Time-Visitation can be afforded the other parent if the move or relocation is granted;
• and any other factors relevant in considering the best interests of the child.
• the history and quality of each parent's relationship with the child since earlier court orders;

The court may allow the obligor parent to reduce child support payments by up to 75% for any period in which the obligor parent has extended visitation of over 27 consecutive days. The order must specify the amount of the reduction which is allowable if the extended visitation is exercised.

Concerned about custody and visitation issues in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

[Based on Alaska Statutes 25.24.150]

Grounds for divorce

Your petition for dissolution of your marriage must declare the appropriate Alaska divorce grounds upon which the dissolution of marriage is being sought (If you're doing this without a lawyer make sure you get this right). If it is a no-fault petition, it must be a Petition for Dissolution of Marriage. If it is based on fault, the petition must be a Complaint for Divorce. This state permits either a husband or wife to pursue a no-fault divorce; however, a petitioner--the person who initiates the divorce--can also file on specific grounds. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court.

Fault Grounds for Divorce:

• failure to consummate the marriage,
• adultery,
• conviction of a felony,
• willful desertion for a period of one year,
• cruel and inhuman treatment,
• habitual gross drunkenness,
• incurable mental illness, and
• Drug addiction.

[Based on Alaska Statutes 25.24.050]

Residency

It is required that the spouse filing for divorce be a resident of the state. There is no residency time limit for filing divorce actions.

For those nuts individuals wanting to get remarried to a third-party after the divorce, there is a 60 day waiting period from the time of the final decree. Presumably this is to allow you time to get your head examined

 

 

 

 

[Based on Alaska Statutes 25.24.160 and AS 25.24.090]

Mediation

Mediation is a voluntary and confidential process in which a neutral third party facilitator (the mediator) helps a couple discuss opposing views and negotiate an agreement involving the issues of divorce or dissolution. The couple in mediation create their own solutions and the mediator does not have any decision making power over the parties.

One of the parties may file a motion requesting mediation for the purpose of achieving a mutually agreeable settlement. That motion must be filed within 30 days of a filing for a divorce action. The court on its own motion may order the parties to participate in mediation if it determines that mediation may result in a more satisfactory settlement between the parties. The court appoints the mediator, and mediation is conducted in conference-style meetings. Both parties must attend the initial mediation meeting. Should one partner decide to no longer attend mediation after the first mediation meeting, the family court gets notified, and dissolution proceedings continue.

Concerned about custody and visitation issues in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

Less disagreement nearly always means less legal expense. If there is a protective order (restraining order) in place, they court may not order mediation unless the object of the protection agrees. Marriage counseling may be recommended if it appears it will provide some sort of benefit.

You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com, where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

[Based on Alaska Statutes 25.24.060]

Grandparents visitation

A grandparent or great-grandparent may petition the circuit court of this state for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if:

• The marital relationship between the parents of the child has been severed by death, divorce, or legal separation
• The child is illegitimate and the petitioner is a maternal grandparent of the illegitimate child or
• The child is illegitimate, the petitioner is a paternal grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction.

To request visitation, grandparents must first request to join the custody suit. The custody suit needn't be pending. Grandparents can request joining a custody suit that has been settled. If a custody suit has not been filed, grandparents can still request visitation, although this method will likely require representation to effect a positive outcome.

 

 

[Based on Alaska Statutes 25.20.065]

Waiting Period

At least 30 days must pass from the time of filing before any judgment for separation or divorce to take place.

There are no time restrictions on either party remarrying after the divorce.

 

 

 

[Based on Alaska Statute Section 30-2-8.1]