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There are no minimum residency requirements for the State of Alaska in order to initiate a divorce. Although there is no residency requirement, a party does need to be a resident of the State of Alaska, meaning that you do not need to have lived in the state for a certain period of time but that one party does need to live in the state. A long residency period may be required in a contested divorce if there is an issue of jurisdiction over children or an unwilling spouse. The divorce could be finalized as early as thirty days from the date of filing, if matters remain uncontested.
If you are in the military and Alaska is not your state of residence, you may still file in Alaska if you have been continously stationed at a military base or installation in Alaska for a minimum of 30 days.
The state of Alaska recognizes both fault and no-fault grounds for divorce.
No-fault grounds for divorce include, but are not limited to:
• An incompatibility of temperament, which results in the irreversible breakdown of the marriage.
Some fault grounds for divorce in the state of Alaska include, but are not limited to:
• substance abuse or habitual drunkenness;
• incurable mental disease and confinement for 18 months;
• conviction of a felony;
• cruel and/or inhuman treatment;
• abandonment for over one year.
Although not always awarded by the court in a contested divorce, the parties can agree upon shared legal custody of the children. In shared legal custody, the parties have equal decision-making power over the important decisions concerning the child(ren). Physical custody is determined according to the best interests of the child and depends somewhat on the parties' agreement.
When making child custody decisions, one should keep the following factors in mind:
• the needs of the child(ren);
• ability and desire of parent to meet those needs;
• the child’s wishes;
• the bond between each parent and the child(ren);
• length of time the child has lived in a particular environment;
• desire and ability of the custodial parent to allow frequent contact between the noncustodial parent and the child, and to encourage a relationship with the other parent.
Unless special circumstances are present, Alaska’s child support guidelines apply in almost every case. Both parties’ gross income and other child related expenses are taken into account when calculating child support. Child support will continue until the child reaches eighteen years of age, and may be extended through his or her secondary education.
In order to achieve a mutually agreeable settlement, a party to a contested action may file a motion with the court requesting mediation any time within 30 days after a complaint or cross complaint is filed. The parties may choose to submit the issues to mediation so that they may proceed in court on an uncontested basis, provided they agree to mediate prior to the initiation of an action, or at any time thereafter.
Court filing fees are in addition to the cost of using LegalZoom.com . This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Having completed thousands of cases for military members both home and abroad, LegalZoom.com is the ideal solution for a military member or a military spouse seeking an uncontested divorce.