Alaska Divorce Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 16, 2024

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Alaska's divorce laws dictate how and when you can get divorced. If you're considering filing for divorce, you should learn about these laws. We will highlight the relevant laws here. We have also included a chart that breaks down Alaska's laws on alimony, grounds for divorce, and defenses to divorce.

While we offer a summary of Alaska's divorce statutes, seek advice for your legal issues to ensure the best outcome in your divorce case.

Legal Requirements for Divorce in Alaska

You must meet the state's residency requirements to file for divorce in Alaska. There is no specific duration that you and your spouse need to live in the state as a married couple before filing for divorce. However, if you have minor children, they must have lived in Alaska for at least six consecutive months prior to the filing to establish jurisdiction over child custody matters.

Alaska also has a mandatory 30-day waiting period. This is the period of time the Alaska family courts must wait before issuing a final divorce decree.

No-Fault Divorce Cases vs. Fault-Based Divorce

When you file your petition for dissolution of marriage, you must decide whether you want to file a no-fault or fault-based divorce case. Every state, including Alaska, recognizes no-fault divorce. Most people opt for this type of divorce. Not only do the courts resolve these cases faster, but you have a better chance of enjoying an amicable divorce this way.

With a fault-based divorce, you must cite specific grounds for divorce in your divorce complaint. This type of divorce makes sense if your marriage involved domestic violence or extreme cruelty.

The grounds for divorce in Alaska include the following:

  • Failure to consummate the marriage
  • Adultery
  • Conviction of a felony
  • Willful desertion
  • Habitual gross drunkenness
  • Drug addiction
  • Incurable mental illness
  • Cruel treatment
  • Personal indignities

If you file a fault-based divorce case, you must submit evidence proving that your spouse engaged in the specific behavior alleged in your complaint.

Uncontested Divorce Cases vs. Contested Divorce Cases in Alaska

There are two types of divorce in Alaska — uncontested and contested. With an uncontested divorce, you and your spouse agree to the divorce terms. You can submit a copy of your marital settlement agreement to the court. If the judge approves it, they will grant your divorce and issue a final divorce decree. Your settlement agreement will become part of the court order.

In a contested divorce, the parties disagree about material divorce terms. Some of these include:

  • Spousal support
  • Child custody
  • Child support
  • Property division

You'll have time before the trial to resolve these issues. If you cannot do this, your case will go to trial. The judge will allow both sides to present their arguments. Then, the judge will decide on these issues and include their findings in the final divorce judgment.

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 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

None
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 two years to bring the action serve as a defense. 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; cruel and inhuman treatment meant to impair health or endanger life; personal indignities; habitual gross drunkenness; incurable mental illness when the spouse has been institutionalized for at least 18 months; drug addiction.
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 through higher court decisions, new legislation, and other means. You may want to contact an Alaska divorce attorney or conduct research to verify your state laws.

Get Legal Help With Your Alaska Divorce Case

Divorce can be stressful enough, even for people who fully understand the law. You should consider working with a lawyer to protect your interests and ensure the best outcome possible. Alaska divorce lawyers understand how to navigate the family courts. They are also familiar with Alaska's divorce laws. Contact an Alaska divorce attorney for directions on proceeding with your case.

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Alaska Divorce Laws: Related Resources

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