Skilled Divorce Attorneys in Anchorage & Matanuska Valley, AK
A divorce is a court order that legally ends a marriage. Divorce cases involve several critical elements for negotiation, such as spousal support and child custody. Whether you seek to file for divorce or have been served divorce papers, it is best to have an attorney on your side to help you navigate the legal course of the divorce. With over 75 years of combined legal experience, Denali Law Group has the expertise to take on your case. Contact us today to speak with an Anchorage divorce lawyer today.
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Filing for Divorce in Alaska
An action for divorce should be filed with the local Superior Court. The filing spouse (the plaintiff) must serve the non-filing spouse (the defendant) with copies of everything that has been filed, including the summons and standing order. The court will then set future court dates and require the parties to take certain actions.
If you have any legal concerns about a divorce or a divorce settlement you are involved in, consult an experienced attorney for support immediately. Divorce involves many important matters impacting both your present and future, such as alimony and child custody, so it is advisable to have a lawyer by your side as you negotiate with your former spouse or in the courtroom.
Frequently Asked Questions About Navigating Divorce in Alaska
What is Spousal Support?
Spousal support, or alimony, refers to the money one spouse must pay the other to level the financial picture after a divorce. Either spouse can request spousal support, though the court will only award support if the requesting spouse can demonstrate a need for financial assistance and the other spouse can pay. Spousal support is uncommon in Alaska as the court usually addresses economic disparities with asset allocation. Visit our page on alimony in Alaska to learn more about these specific categories of spousal support.
How is Child Custody Determined?
A judge will issue a custody order designating which parent has physical and legal custody of their child or if the parents will share custody. It is usually best if both parents can work together to reach an agreement about their parenting plan without the court's interference. If they cannot reach a settlement on their own, the matter will go to trial, and the judge will make the final call.
How Long do Divorce Cases in Alaska Take?
Alaska law mandates a 30-day waiting period between filing for divorce and finalizing the decree. However, the timeframe can vary depending on several factors.
For example, uncontested divorces, where both spouses agree on all terms, typically take less time---around two to three months---to finalize compared to contested divorces that require court intervention to settle disputes like child custody, property division, etc. These cases can take several months to a year or even longer to resolve.
What Are the Residency Requirements for Filing for Divorce in Alaska?
Alaska adheres to a residency requirement for filing for divorce. To file in the state, either you or your spouse must be an Alaskan resident. This means you must be physically present in Alaska at the time of filing with the intention of staying.
If you were married outside of Alaska but your spouse is currently an Alaskan resident, you can also file for divorce there. However, it's important to note that filing in Alaska doesn't guarantee the court will have jurisdiction over all aspects of your case.
What Are My Options If We Can't Agree on Dividing Our Assets?
If you and your spouse are unable to reach an agreement, the court will make the final decision. Alaska is an "equitable distribution" state, which means the court will divide assets and debts fairly but not necessarily equally.
The judge will consider several factors when making a decision, including the length of the marriage, the value of each asset and debt, the earning capacity of each spouse, and any contributions made by one spouse to the other's education or career.
It's important to consult with an Alaska divorce attorney like those at Denali Law Group. Our team will help you understand your rights and options regarding the division of your assets. Contact us to schedule a free consultation.
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