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Divorce in Alaska

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Alaska is known as the Last Frontier, and when it comes to a divorce battle, the laws here are a bit flexible.

Alaska divorce laws require the filing spouse to be a resident of the state. However, if you don’t live in Alaska and your marriage was conducted outside the state of Alaska, but your spouse is an Alaskan resident, then you’re permitted to file for divorce/dissolution in Alaska.1 Unlike other states, the law in Alaska doesn’t provide a specific residency period before you can file.

Alaska is a “no-fault” divorce state and uses the term “incompatibility of temperament” to grant someone divorce. However, the state also recognizes “for fault” grounds such as adultery, felony conviction, failure to consummate the marriage, mental illness, and habitual drunkeness.2

Alaska is a community property state, which means that virtually all debt and assets acquired during the duration of the marriage are considered marital property and subject to equal division.  Mostly, community property will be distributed 50/50. The judge will decide other factors touching on fair division.3

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1 Alaska Statute §§ 25.24.080; 25.24.090

2 Alaska Statute § 25.24.050

3 Alaska Statute § 25.24.160

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