Alaska Alaska

Divorce Law Guide

Alaska Divorce Overview

Residency Requirement
Living Separate & Apart
Processing Time
Filing Fee
30 days

The facts about divorce in Alaska

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Alaska, a divorce can be completed on average in a minimum of 30 days, with court fees of $200.00. Unlike many states, Alaska does not have any divorce residency requirements determining how long the appellant must have lived in Alaska prior to filing for divorce.

On this page, you can learn about Alaska's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Alaska alimony calculation, the property division process and more.

Alaska Divorce Law Summary

A divorce may be granted for any of the following grounds:

Failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action:

  • adultery

  • conviction of a felony

  • wilful desertion for a period of one year

  • either cruel and inhuman treatment calculated to impair health or endanger life

  • personal indignities rendering life burdensome

  • incompatibility of temperament

  • habitual gross drunkenness contracted since marriage and continuing for one year prior to the commencement of the action

Alaska Divorce Guide - Frequently Asked Questions

In state of Alaska a number of factors are taken into account when ending a marriage.

1. Alaska Grounds for Divorce FAQ

Is Alaska a no-fault divorce state?

Alaska allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Alaska may be "irreconcilable differences", or similar grounds.

Does Alaska allow at-fault divorces?

In addition to no-fault grounds for divorce, Alaska is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of Alaska's at-fault divorce grounds, such as adultery, abuse, or insanity.

In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.

Does the state of Alaska allow incompatibility as grounds for divorce?

Yes, Alaska does allow incompatibility to be used as grounds for having a divorce.

Can you get a divorce in Alaska for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

Alaska does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Alaska's accepted grounds for divorce.

2. Alaska Divorce Process FAQ

Does state of Alaska allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

Alaska does not grant judicial separation orders to married couples who wishes to live separately, so a divorce petition should be pursued instead.

What's the difference between a divorce and an annulment in Alaska?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

How long do I have to live in in the state of Alaska to get a divorce?

There are no residency duration requirements in order to sue for a divorce in Alaska. Any married couple in the state can file for divorce in Alaska court.

What is the filing fee for a divorce in Alaska?

The court fees for filing the paperwork for a basic divorce in a Alaska court is $200.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

How long does it take to get a divorce in Alaska?

If the process moves along without holdups, the paperwork for a divorce in Alaska can be processed in a minimum of 30 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

3. Alaska General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Alaska. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

Alaska permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Alaska.

Does Alaska have any limitations on remarriage after a divorce?

Alaska has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.

What is the divorce rate in Alaska?

According to the most recent CDC study, the yearly divorce rate in Alaska is 14 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.

Does Alaska recognize same sex divorces?

Since same-sex marriage was legalized nationwide in 2015, all states that previously did not allow same sex marriages, including Alaska, are required by federal law to perform both same sex marriages and same sex divorces. In some cases, court forms or procedures may still need to be updated to support same sex couples.

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