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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. 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, depending on the state.

Below is a brief overview of Alaska divorce laws.

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. 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

§ 25.24.210 et seq. of the Alaska Statutes

Residency Requirements

Plaintiff must be a 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 the action. Depending on the grounds for divorce, the defense of procurement or express forgiveness may be made.

Other Grounds for Divorce

Failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action; adultery; conviction of a felony; willful desertion for a period of one year; either cruel and inhuman treatment meant to impair health or endanger life; personal indignities; or incompatibility of temperament; habitual gross drunkenness; incurable mental illness when the spouse has been institutionalized for at least 18 months; addition of either spouse to opium, morphine, cocaine, or a similar drug

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, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage
  • The financial condition of the parties, including the availability and cost of health insurance
  • 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.

Research the Law

Alaska Divorce Laws: Related Resources

Get Legal Help with Your Alaska Divorce Case

Divorce can be stressful enough even for those who fully understand the law. In order to protect your interests and ensure the best outcome possible, particularly if children are involved, you should consider working with a lawyer.

Contact an Alaska divorce attorney for directions on how to proceed with your case.

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