There exists no-fault divorce grounds in the Alaska, hence deemed as liberal, but is dominated by conservatives, as most of its governors have been conservative.
The family court laws made are thus also followed conservatively. The impact it has is conspicuous that the spouses at every 10th home in the State are divorced.
In Alaska, people generally don’t prefer annulment, since it is time consuming and complicated. Divorce appears to be the right option. Annulments are normally not granted in Alaska because its grounds are difficult to be met.
Divorce Grounds in Alaska
On average the marriage life in Alaska is short. The divorce/dissolution rate is higher than the consummation rate. Following are the various divorce grounds in Alaska.
Failure to Consummate the Marriage
It is the most common divorce ground in Alaska. Generally a young boy and a girl falls in love with each other and get married, but sooner or later a feeling of dislike mars their relationship consequently they start hating eachother. In the state of Alaska, this in itslef is a legitimate ground to be seperated and divorced. This divorce ground includes, minor reasons of dissloution of marriage. It leads to divorce in every 10th home in Alaska.
Another divorce grounds in Alaska is adultery, i.e. “out of wedlock, when an adult boy or girl commits sex that wilfully and maliciously interferes with marriage relations”.
These grounds are found in both love and arranged marriages. In arranged marriages, which are uncommon these days, these practices are relativley very frequent. Bordom, the feelings of impatience or digust with the spouse leads to adultery and hence the relation doesn’t continue for long.
Conviction of Felony
Conviction of felony is also a valid divorce ground in Alaska. Committal of crimes is one of the major reasons of divorce. Crimes like murder or arson comes under this catagory. Both of the spouses have the authority to declare divorce against the accountable one.
Cruel & Inhuman Treatment
Divorce grounds in Alaska also include the cases of cruel or in-human treatment. Harressment, phyical or verbal abuse can be termed as cruel and inhuman treatment. A victim of any or all of these can file for divorce.
Personal Indignities Rendering Life Burdensome
In Alaska, after getting married, twenty five percent of the husbands consider their married life burdensome. This conception triggers a desire to get out of such a relationship. One spouse can file for divorce if he or she finds living with his or her spouse impossible and burdensome.
Incompatibility of Temperament
Men in Alaska are considered to be hot tempered. They believe they can push their wives around thus this leads to verbal and physical abuses. If there is a major temperamental clash, both of the spouses can seek divorce.
Another legitamate ground for divorce, in Alaska, is habitual drunkenness or use of drugs like opium, morphine or concaine.
Incurable Mental Illness
A spouse can seek divorce if the other spouse is instituionalized for mental illness, for 18 months or more.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Alaska.
Alaska Divorce Laws
Alaska has following divorce laws:
According to Alaska divorce laws, one of the spouses must be a resident of the state for at least 30 days before s/he is eligible to file a divorce case. Without full filling this residency requirement, you can not file for divorce in Alaska.
Documents Required for Filing Divorce
For filing a divorce case in Alaska, you have to furnish the divorce court with proof of your meeting the residency requirements of the state. However, according to the Alaska divorce laws, a petitioner’s own affidavit is proof enough of residency.
Distribution of Property
Under Alaska divorce laws, property’s distribution is done on equal half basis. In some jurisdictions, women are holding equal rights whereas in others they hold next to no property rights.
Change of Name or Restoration of Name
Both spouses can revert back to their pre-marriage name after they file for a divorce in Alaska.
Alaska divorce laws term mediation counseling as mandatory before you state a divorce.
Alaska divorce laws are in favor of equitable Alimony and its effective enforcement.
Child custody is by and large automatically awarded to the mothers unless they are deemed unfit. Alaska divorce laws favor mothers who stay-at-home. Mother and child are provided with support award since mothers are considered to be the best care takers of children.
Alaska divorce laws give supreme importance to the safety and well-being of children. Child support is taken special care of since a child’s comfort, spiritual well being and happiness are important. All these factors are taken account of by the divorce courts in Alaska, before child support issue is settled.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
Alaska Annulment Laws
Annulment is another way of terminating a marriage. Annulment law is a legality which nullifies an already void marriage. Like all the other states, Alaska annulment laws also declare such like marriages null and void.
Under Alaska annulment law, you can file for annulment on the following annulment grounds:
Duress & Fraud
If your spouse has married you by misrepresenting him or herself, you can file for annulment under Alaska annulment laws.
Existence of Prior Marriage
According to Alaska annulment laws, if your spouse is already married and entered into another marriage with you, you can get annulment in Alaska.
If you are any younger than 15 years of age, you can not get married without the consent of your parents. Such a marriage can be annulled under Alaska annulment laws.
Mental incapacity is also an annulment ground in Alaska. If your spouse has mental illness and you do not want to continue living with him or her, you can file for annulment under Alaska annulment laws.
If your spouse is impotent and you were not aware of this fact before marriage, Alaska annulment laws entitle you to file for annulment.
According to Alaska annulment laws, consanguinity means to marry a close relative like, father, mother, sister, nephew, uncle or aunt. You can get your marriage annulled in Alaska if you have married a blood relation.
Alaska Divorce Laws Frequently Asked Questions
- Is there any minimum residence requirement that I must meet to file for divorce in the State of Alaska?
No, According to the Alaska divorce law there is no minimum residency requirement for filing for divorce.
- What happens if my spouse doesn’t reside in the State of Alaska?
Alaska divorce law doesn’t require the defendant to be a resident of the State of Alaska.
- Are there any complications that occur when the spouse doesn’t reside in the same state?
Yes, there are complications. Under Alaska divorce law, the defendant spouse has to be served a notice called Complaint for Divorce. If the defendant spouse resides in another State, then the State of Alaska will hire the services of a special process server. This special process server will then deliver the Complaint for Divorce. Of course there are always the added costs of divorcing a spouse that doesn’t reside in the same state.
- How long will it take for me to be rid of my marriage?
The Alaska divorce law has a 30 day waiting period during which the defendant spouse is granted to file an answer. However, the waiting period doesn’t need to be of the minimum 30 day period and can be longer than 30 days. If the defendant spouse has no disagreements, then the divorce can be settled in a period of a little more than 30 days. However, if there are disagreements then the time required to settle these disagreements is the time required for you to dissolve your martial contract. Alaska divorce law allows divorce on no fault grounds and doesn’t have a separation requirement for this. This allows a quick resolution of the divorce.
- How much does it cost to file for divorce?
The filing fee depends on the county of Alaska that you reside in.
- How do the Alaska divorce lawyers charge their clients?
There are two ways you can be billed by your Alaska divorce lawyer. The Alaska divorce lawyer either handles the divorce case on a set flat fee or the Alaska divorce lawyer charges on an hourly rate. Make sure that the fee arrangement is completely clear to you.
- How much will Alaska divorce lawyer charge me?
This really depends on your case, your financial health, the normal charges of the Alaska divorce lawyer and of course the quality of your negotiating skills. Your Alaska divorce lawyer could charge you anywhere between a few hundred dollars to a few thousand dollars.
- Do I need an Alaska divorce lawyer?
No, you can represent yourself in court though it is strongly recommended that you take the services of a seasoned Alaska divorce lawyer.
- Can my spouse and I hire the same divorce attorney?
No, one divorce attorney can’t represent both the plaintiff and the defendant in any court of law of the country. If the divorce is uncontested then both the plaintiff and the defendant could have the same Alaska divorce lawyer prepare all the papers but both will still require separate representation in court.
- Is Alaska a common law State?
No, Alaska divorce law doesn’t recognize common law marriages.
- Is Alaska a No-Fault State?
Yes, Alaska is a no fault State.
- How long does a couple have to be separated before filing for divorce on no fault grounds?
There is no separation requirement under the Alaska divorce law.