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Divorce laws are written and enforced by the state in which the partners reside. This means your state and local family law court determine such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Described information comes from government publications and resources. Make sure to consult a lawyer in your state for the most current law and procedures.

ALASKA DIVORCE LAWS

Residency requirement: The spouse filing for divorce is required to be a resident of Alaska if the marriage occurred within the state. If the marriage was not solemnized in the state, the residence of the other spouse in this state qualifies as residence to institute divorce proceedings. There is no residency time limit for filing divorce actions. [Based on AK Statutes 25.24.080 and AS 25.24.090]

Grounds for divorce:

A divorce in Alaska may be granted for any of the following fault grounds:

1. Failure to consummate the marriage.

2. Adultery.

3. Conviction of a felony.

4. Willful desertion for a period of one year.

5. Abuse or personal indignities rendering life burdensome.

6. Incompatibility.

7. Habitual drunkenness or addiction to drugs.

8. Incurable mental illness. [Based on Alaska Statutes 25.24.050]

Alaska Dissolution of Marriage:

Alaska permits "no-fault" divorces, or dissolution of marriage, to awarded on the grounds of "incompatibility of temperament" which has caused the irremediable breakdown of the marriage. In a dissolution of marriage, both spouses agree to end the marriage, and are in agreement to all the stipulations of the divorce petition. The petition must include detailed provisions regarding custody and child support, visitation, alimony, division of property, and distribution of debts.

Either parties may separately file for dissolution of marriage if:

1. Incompatibility of temperament has cause the irremediable breakdown of the marriage.

2. The petitioning spouse is unable to determine the other spouse's position regarding dissolution of the marriage, division of property, alimony, payment of debts, custody, child support, etc.

3. The other spouse cannot be served with process inside or outside the state.

A spouse personally served may execute an Appearance and Waiver, thereby dispensing with the need for that spouse to attend the hearing. [Based on AK Statutes 25.24.200-260].

Legal separation: 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. 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 only as provided in [AS 25.20.110 and AS 25.24.170]. 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. To the extent the division is not a final order, the court shall determine the parties' respective rights to and responsibilities for property and obligations not finally distributed and as to any property or debts accrued by either party while the order is in effect. [Based on Alaska Statutes 25.24.460, 25.24.400, and 25.24.450]

Name of court and title of action/parties: An action for divorce is filed in the Superior Court. If the divorce is based upon grounds of fault, the title of the action initiating the proceeding is a Complaint for Divorce. If the action is based upon the no-fault grounds permitted in Alaska ("incompatibility of temperament"), the action is entitled a Petition for Dissolution of Marriage. If the action is based upon grounds of fault, the party filing the action is referred to as the Plaintiff and the other party is the Defendant. If the proceeding is based upon the no-fault grounds, the party filing the action is the Petitioner, and the other party is the Respondent.

Mediation: A party to a divorce action may file a motion requesting mediation for the purpose of achieving a mutually agreeable settlement. The court may also order the parties to participate in mediation if it determines that mediation may result in a more satisfactory settlement between the parties. The court may not order or refer parties to mediation in a divorce proceeding if a protective order issued, unless the victim of the alleged domestic violence agrees to the mediation. [Based on AK Statutes 25.24.060]

Alimony/support: Alimony may be awarded to either party without regard to fault in either lump sum or installment payments, for a limited or indefinite period of time. Factors that the court may consider in determining alimony include:

1. The length of the marriage and the standard of living established during the marriage.

2. The age and health of the parties.

3. The earning capacity of the parties.

4. The financial condition of the parties.

5. The conduct of the parties, including whether there has been an unreasonable depletion of marital assets.

6. The division of property.

7. Any other relevant factors. [Based on AK Statutes 25.24.160]

Distribution of property: Alaska is an equitable distribution state, which means that the court will divide the marital property between the parties as it deems equitable and just, without regard to fault. Factors the court will consider in dividing the property include:

1. The length of the marriage.

2. The age and health of the parties.

3. The earning capacity of the parties.

4. The financial condition of the parties.

5. The conduct of the parties, including whether there has been an unreasonable depletion of marital assets.

6. 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.

7. The circumstances and necessities of each party.

8. The time and manner of acquisition of the property in question.

9. 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]

Child custody: The court shall determine custody based upon the best interests of the child. In determining the best interests of the child, the court shall consider the following:

The physical, emotional, mental, religious and social needs of the child.

The capability and desire of each parent to meet these needs.

The child's preferences if the child is of sufficient age and capacity to form a preference.

The love and affection existing between the child and each parent.

The desire and ability of each parent to allow an open and loving frequent relationship.

Any evidence of domestic violence, child abuse or neglect.

Evidence of substance abuse.

Any other factors the court deems relevant. [Based on Alaska Statutes 25.24.150]

Child Support in Alaska: The court may order either or both parties to pay child support, in either lump sum or periodic payments. The state has established Child Support Guidelines which sets the presumptive correct amount of child support. Deviation from these guidelines requires a showing that application of the guidelines would result in a unjust result. [Based on Alaska Statutes 25.24.160]

Name change: In a judgment of divorce, the court may change the name of either party. [Based on Alaska Statutes 25.24.165]

HOW TO ENFORCE CHILD SUPPORT IN ALASKA– THE FEDERAL OPTION

How To Enforce Child Support – The Federal Option

Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.

How and where do I apply?

In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.

What are the steps to collecting support?

The first step, if a child was born out of wedlock, is to establish paternity - or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.

Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.

The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.

At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding from the obligated parent's paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.

Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won't be affected.

For More Information write for the Handbook on Child Support Enforcement by contacting:

ACF OCSE National Reference Center

370 L'Enfant Promenade, S.W.

4th Floor Washington, DC 20447

(202) 401-9383

or

OCSENationalReferenceCenter@acf.hhs.gov