An action or proceeding for the annulment of a marriage differs from a divorce proceeding in that a divorce proceeding is instituted to sever a marriage relation admitted to exist, whereas an annulment proceeding is brought for the purpose of declaring judicially that because of some disability or defect that existed at the time of the marriage. In order to be entitled to an annulment of marriage, the plaintiff must allege and prove that the marriage was void or voidable under the laws of the forum state or the state in which the marriage was performed.
Alaska Petition to Annul Marriage with No Children or Property
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Alaska is a "no fault" divorce state, which allows for divorce on the basis of an "incompatibility of temperament." This means that even if your spouse is entirely opposed to ending your marriage, you can still request, and receive, a divorce from the Court.
The law allows for the court to issue a Decree of Legal Separation for a married couple when they want to separate but stay legally married to protect significant religious, financial, social or legal interests.
Property and debt must be divided in a fair and equitable way. For a marriage of some length, "fair and equitable" often means 50-50. However, after considering the factors listed below, the court may decide that it is "fair and equitable" to give one party more or less than 50%.
You can file the same paperwork as any married couple in Alaska to get a divorce. To start a case in court, you must file a document called either a complaint or a petition, and required attachments. The kind of complaint or petition you file will depend on your situation.
Alaska Divorce Laws at a Glance Alaska law uses the term "incompatibility of temperament" for no-fault divorces but also recognizes "for fault" grounds such as adultery, cruelty, the conviction of a felony, drug addiction, and others.
Some people call this alimony, but in Alaska it is called spousal support. The court may order spousal support to be paid before the divorce is final, after the divorce, or both. But usually, the court orders spousal support for a specific purpose and a limited amount of time.
Although adultery in Alaska is a basis for divorce, it doesn't impact alimony, in and of itself. That's because Alaska's alimony law specifically states that when deciding alimony issues, judges must not take marital fault into account.
Alaska does not have any Court action for an annulment. There are, however, a very limited set of circumstances in which Alaska will consider a marriage void. This means that a judicial decree will be entered stating that the marriage never happened.
