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Alaska Divorce Laws

Alaska's divorce laws regulate the eligibility requirements, the legal grounds allowed, and other aspects of divorce filings. Also, these laws typically address legal separation as well (which is often a prerequisite for divorce). Some states have waiting periods before a divorce will be finalized, or residency requirements applicable to at least one of the parties.

All states allow "no fault" divorce for couples who have mutually decided the marriage is over, without having to fault one or the other. However, divorces will be granted for fault as well, such as in the case where one party is already married or has committed domestic violence.

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, conviction of a felony, drug addiction, and others. See Filing for Dissolution or Divorce: Ending Your Marriage on the Alaska Court System's Web site to learn more about the process and requirements.

See FindLaw's Divorce section for a variety of helpful articles and resources.

Code Section 25.24.050; 25.24.080; 25.24.120, 130, 200, 210
Residency Requirements Plaintiff must be resident for any amount of time
Waiting Period -
'No Fault' Grounds for Divorce "Incompatibility of Temperament"
Defenses to a Divorce Filing For adultery, procurement, connivance, express or implied forgiveness, dual guilt, or waiting over 2 yrs. to bring action; procurement or express forgiveness is defense to any other ground.
Other Grounds for Divorce Adultery; cruelty or violence; willful desertion for 1 yr.; drug/alcohol addiction; conviction of felony; failure to consummate; incompatible temperament; incurable mental illness (confined to institution for at least 18 mos. prior to divorce action).
Factors Considered When Determining Alimony
  • 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
  • Any other relevant factors

Note: State laws may change at any time through the decisions of higher courts, the enactment of new legislation, and other means. You may want to contact an Alaska attorney or conduct your own legal research to verify the state law(s) you are researching.

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Alaska Divorce Laws: Related Resources

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