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Alaska No Fault Divorce

Alaska is a “mixed grounds state”, where divorce is granted on the basis of “fault grounds” as well as “No fault grounds”. According to Alaska No fault divorce laws, Alaska Statutes 25.24.050 , divorce can be granted on the basis of “incompatible temperament” which has “irretrievably broken down” the marriage. Alaska no fault grounds for divorce specify that no spouse need to prove any “wrong-doing” to get the divorce. Divorce can be granted on the basis of “No faults” on behalf of both the spouses and “incompatibility” is a factor enough for getting the divorce. These factors can not be used as “No fault” grounds to get divorce in the state of Alaska:
  • Willful desertion
  • Cruelty (emotionally or physically)
  • Adultery
  • Continual state of drunkenness from a year prior to filing for divorce.
The above mentioned grounds are called the” fault-grounds’ for divorce in Alaska. Fault grounds are used for filing the divorce if there are substantial wrong-doing on behalf of a spouse and the other spouse is going to be benefited by better custody rights or property rights in the divorce owing to the fault grounds.

According to No fault divorce grounds in Alaska, the proper place to file for No fault divorce is the superior court

No fault divorce laws in Alaska specify that the marriage between the two spouses must be “irremediably broken down” and that there is no scope of the two getting along together. Moreover, asking them to be together would not be in the best interest of the spouses.

Residency in Alaska

While filing for No fault divorce in the state of Alaska, a spouse must be a resident of that state and there is no time limit. It simply means that for filing No fault divorce in Alaska, one must simply be residing in that state at the tie of filing the divorce.

Decree/Title in Alaska No fault divorce

A “Decree of Dissolution of Marriage” is the title given to the divorce action in No fault divorce cases. The No fault divorce action in the state of Alaska is called “Petition for dissolution of Marriage”. As the grounds of divorce are “no fault”, the party filing the divorce action is called the “petitioner’ and the other party are called the “respondent”.

Now-a-days, Alaska No fault divorce packages are being offered on-line which give information about divorce, the list of forms that need to be filled, explanation of the forms, access to divorce laws and summarizing the laws and a final check-list of what all must be present in the package.

Uncontested Divorce

It is observed that inmost of the No fault divorce cases, both the spouses agree on major issues such as child support, child custody, spousal support etc. and thus, this divorce is “uncontested”. Courts simply ask all the details regarding child custody, support, visitation, parenting time, spousal support etc to be provided along the petition in minute detail. This is to avoid any disputes in the future. In case the divorce is a contested one, then courts would follow the guidelines regarding child custody, property division etc, as specified in the State Statues.

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