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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. What if I want to modify my divorce or custody order?
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.
Marital property/debt will be divided between you and your spouse as part of the divorce; separate property/debt will not be divided. The general rule is that marital property and debt is any property or debt acquired during the marriage for the benefit of the marriage.
Is there a waiting period before a divorce or dissolution is finalized in Alaska? Generally, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final divorce decree.
No, a legal separation is not a required step before getting a divorce. It is a totally separate process, although the court treats (1) the division of marital property and debts and (2) the parenting plan and child support for their children the same in a legal separation and a divorce.
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.
Equitable Distribution of Property The court divides property in a divorce in Alaska under a three-step process called the Wanberg analysis. The first step is the court identifies marital property and debt; the second step is the court values the property and the third step the court equitably divides the property.
In Alaska, a judge may be more likely to determine that a 50/50 split is fair and equitable if the divorcing couple was married for a substantial length of time.