3. Does the state have grounds for divorce? It does. In Alaska, a divorce may be granted for any of the following grounds:
- Your spouse has not consummated your marriage
- Your spouse has committed adultery — had an affair
- Your spouse has been convicted of a felony
- Your spouse has deserted you and been gone for at least a year
- Your spouse has been cruel and inhumane, putting your health or your life at risk
- Has made you suffer situations that make life “burdensome”; or has an incompatible temperament
- Your spouse has become habitually drunk since you were married and has been this way for at least a year
- Your spouse is incurably mentally ill and has been in an institution for at least 18 months
- Your spouse has become addicted to drugs since you were married
Rather than filing for divorce based on one of these grounds, you and your spouse may file together for a divorce, as long as these conditions exist:
- You and your spouse agree that your incompatibility has made your marriage impossible to fix or save.
- You have children, you and your spouse have agreed on custody, visitation and child support, and your agreement seems to be fair and in the best interests of your children.
- You and your spouse have agreed on how to distribute your property (including retirement benefits) and whether spousal support (alimony) will be paid, and the agreement seems to be fair.
- You and your spouse have agreed on how to handle any debt.
4. How does Alaska determine the division of property?
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. It will take into account retirement benefits and joint or separate property acquired during your marriage. If it’s necessary to make things fair, the court also may include property, including retirement benefits, that your or your spouse acquired before marriage.
The court will consider the following factors:
- How long you were married and your lifestyle
- You and your spouse’s ages and health
- You and your spouse’s abilities to earn a living, including your education, training, skills, experience and whether one of you left the job market to care for your child
- You and your spouse’s financial conditions, including health insurance
- You and your spouse’s behavior, including whether one of you handled your common money or assets unreasonably
- Whether your home (or the right to live in it for a period of time) should go to the parent who has primary physical custody of your child
- You and your spouse’s overall circumstances and needs
- When and how you acquired your property
- Whether your property has the potential to produce income
5. Does Alaska require mediation before a divorce is granted?
Alaska does not require mediation as a rule, though the court may order mediation if it seems likely to help you and your spouse reach a better settlement.
