Alaska Divorce Laws
Go to another Alaska divorce page.

Alaska Divorce Grounds.
The laws of Alaska recognize no fault divorce, granted on the grounds that "The parties have an incompatibility of temperament which has caused the irremediable breakdown of the marriage." If you decide to use our no fault divorce services, this is the ground that will be used.

The following fault grounds are also recognized under Alaska laws:

(1) failure to consummate the marriage;

(2) adultery;

(3) conviction of a felony;

(4) willful desertion for a period of one year;

(5) cruel and inhuman treatment calculated to impair health or endanger life;

(6) personal indignities rendering life burdensome; 

(7) incompatibility of temperament;

(8) habitual gross drunkenness contracted since marriage and continuing for one year prior to the commencement of the action;

(9) incurable mental illness when the spouse has been confined to an institution for a period of at least 18 months preceding the commencement of the action; or 

(10) addiction to drugs.

-From the Alaska Statutes 25.24.050

 

Alaska Residency Laws.
There are no residency requirements under Alaska divorce laws, but at least one party must be a physical resident of the state.

 

Filing Divorce in Alaska.
You can file the divorce papers in the Alaska county where you or your spouse live. In Alaska, when you and your spouse are in agreement about the divorce, you file a joint petition. Both spouses must sign each page of the petition, but you will not be required to serve your spouse with any of the divorce papers.

 

Alaska Final Divorce Hearing.
Both spouses must ordinarily attend the final uncontested divorce hearing. Laws require at least one spouse to attend. If one spouse can show that it would be a "significant hardship" for them to attend the final divorce hearing, the judge might allow the divorce with only one spouse's attendance at the final hearing. You will have to submit the proper papers to the court. The judge will make his or her decision whether the hardship is significant enough to allow the spouse not to attend the hearing, based on the reasons you give in the paperwork.

Learn more about the divorce procedure.

 

Waiting Period Before Divorce is Finalized in Alaska.
The final divorce decree cannot be signed in Alaska until at least 30 days have passed since filing the divorce papers.

 

Additional Information.
A joint Petition for Dissolution of Marriage is used in Alaska, unless the other spouse cannot be found. This means that both spouses will sign their names to the divorce papers, instead of one spouse signing and then serving the divorce papers upon the other spouse with a summons. No summons is required with a joint divorce petition.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Go to another Alaska Divorce Page:
General Alaska Divorce Laws
Alaska Alimony Laws
Alaska Child Custody Laws
Alaska Child Support Laws
Alaska Divorce Laws and Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Alaska statutes. You can find the full-text version of these and other Alaska divorce statutes online here: Alaska Divorce Laws.