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Divorce Guide |
Alaska Divorce CustodyIn all the cases being filed in Alaska, it is mandatory that the spouse filing the case of divorce should be resident of the state. However there is no time limit of the residency in the state. Plaintiff is considered as the party which files the case of divorce and the party against which the case of divorce is filed is considered as a defendant. All the cases of divorce in Alaska are filed in the court which is called the Superior Court. Based on the grounds of fault, cases are defined as complaint for divorce or judgment of divorce. Complaint for divorce is referred to as a case when the divorce case is based on a fault. However when the action of either of the spouses is in question, then the case is defined as Judgment of divorce. When the divorce case is filed on the basis of no-fault grounds the case is considered to be a Petition for the Dissolution of the Marriage. In cases of no-fault grounds, Petitioner is considered to be party which files the case and Respondent is considered to be the party against which the case has been filed. The grounds on which a party can file the case of divorce are clearly enumerated in the divorce laws of Alaska. Some of the grounds based on which a party can file a case are: adultery, unable to continue with the marital relationship, separation for a period of one year, inhuman treatment of the marital partner, lack of temperament, addiction to drugs and habitual drunkenness, mental illness which can not be cured, failure to continue with the marital relationship. Alaska divorce law does permit no-fault divorces but the petition to the court should have detailed provisions describing the custody of the child after the divorce and the child support. The court discusses the issues of alimony and division of property in detail. Also spouses can file a petition on joint basis if both the parties have mutually agreed on the distribution of the marital property or if it is very difficult to continue the marital relationship and a breakdown remains the only possible option with the spouses. Spouses can file the petition for the dissolution of the marriage separately also if it has become impossible and the incompatibility of temperament arises between the spouses. The divorce or the legal separation declared by the court does not declare the status of two parties as unmarried persons. Also the same married couple can not file a petition of legal separation for more than once. The court gives due recognition to the fact if the married couple has children. The decision of the court would be final and binding on both the parties. The court may also award alimony to either of the parties. The length of the marital relationship, health and age of the parties, financial condition, division of property, earning capacity of the spouses may be taken into consideration by the court when deciding on the alimony award.
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