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Alaska Divorce Law

Divorce Laws in Alaska

Alaska divorce laws have maintained traditional fault based grounds in order to receive a divorce. Grounds can include, be are not limited to, adultery, willful desertion and cruel and inhumane treatment. Additionally, the spouses may jointly file for and agree to incompatibility grounds. There is no residency requirement to file for divorce in AK.

Alimony Support & Equitable Distribution in Alaska

Alaska is known as an equitable distribution state. According to the divorce laws in Alaska this means that the marital property must be divided fairly and equitably. Property owned prior to the marriage, shall be subject to division if is deemed to be equitable between the spouses. Separate property, or property acquired after the petition of divorce is filed, shall be retained by the owning spouse. However, any property used to support the marital estate may be considered marital property and is therefore subject to division laws.

Divorce laws in Alaska provide for temporary or permanent maintenance without regard to marital fault. Such factors as the length of the marriage and the prior standard of living shall be considered in determining the amount and duration to be paid.

Alaska Child Support and Child Custody

The main focus in determining child custody, according to Alaska divorce law, is the best interest of the children. However, under AK divorce laws the assumption is that joint custody is the best custody, so long as the parents are in agreement. Such factors as the wishes of the parents and the child as well as the relationship between them shall be considered when determining what are the best interests of the child. Visitation rights are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Flat Percentage of Income Model as set forth by divorce law in Alaska. Expect to pay child support though the age of 19 years old or until the child is a high school graduate.

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