When getting divorced in the United States, you must understand the laws that apply in your state, since these heavily influence the process. In Alaska, it is possible to file for “no-fault” as well as “fault” based divorces. This gives you several options to weigh up.
The route you choose to take will likely have implications for several aspects of the divorce, including alimony and child custody rulings. This is why you must take the time to compare and contrast potential outcomes and apply the law to your situation. The following are some of the key divorce laws that you should be aware of in Alaska.
How long do I need to be a resident of Alaska?
In order to file for a divorce in Alaska, you must be a resident. However, unlike many states that require a minimum 6-month residency to file for a divorce, Alaska does not require you to be a resident for any specific amount of time.
What are the “no-fault” grounds for divorce?
Filing for a no-fault divorce in Alaska requires that you file on the grounds of “incompatibility of temperament.” This essentially means that there are differences between both spouses, but that neither spouse is to blame for the breakdown of the marriage.
What are the “fault” grounds for divorce?
There are several ways that you can file for a fault-based divorce. You could accuse your spouse of being adulterous, cruel or violent. You could also file for divorce because your spouse was convicted of a felony, or because they have a mental illness.
If I file for a divorce on the grounds of fault, can my ex defend themselves against this?
It may be possible for your divorcing spouse to defend themselves by arguing that they were forgiven by you for committing the act that you accused them of. They may alternatively argue that there was dual guilt, or that you waited over two years to take action.
It is important that you consider how your divorce filing will affect your finances and your relationship with your children in the years to come. By taking swift action, you will stand a good chance of being successful in getting the divorce outcome that you want.