Divorce may be defined as the legal termination of a marriage. Married couples do not have either a legal or a constitutional right to seek a divorce, but states commonly grant divorces because compelling a couple to stay married would go against public policy.

“No-fault” and “fault” are the two types of grounds, or justifications, for a divorce in the United States. In some states, no-fault is the only suitable grounds for divorce, even if fault grounds exist within the marriage. The other states, including Alaska, allow the parties to select either a no-fault or a fault divorce. The Cornell University Law School website gives a comprehensive overview of divorce and separation law in the United States.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of states currently allow for some form of it. A no-fault divorce is one in which the people involved do not legally fault, or blame, one another for the divorce. In Alaska, a couple may seek a no-fault divorce, which is also known as a dissolution of marriage, on the basis of "incompatibility of temperament" resulting in an irreparable breakdown of the marriage. Either spouse may also file for dissolution of marriage if the petitioning spouse is unable to determine the position of the other regarding the dissolution of the marriage, or if the other spouse cannot be served with divorce papers inside or outside Alaska.

When dissolving a marriage in Alaska, both spouses agree to end the marriage, and they are in agreement regarding all the stipulations listed in the divorce petition. The petition must include specific provisions regarding custody and child support, visitation, alimony, division of property, and distribution of debts. Click here for a link to Alaska Chapter 25.24, Divorce and Dissolution of Marriage.

Many states require a “cooling-off” period of separation for a specific duration of time before no-fault divorce proceedings can begin. During this time, the couple is required to live apart from one another with the intent that the separation will become permanent. The length of the cooling-off period varies according to state law.  The state of Alaska, however, does not have this “cooling off” requirement.

Some states also allow fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In Alaska, fault grounds for divorce include failure to consummate the marriage, adultery, conviction of a felony, willful desertion for at least one year, abuse or subjection to other “indignities rendering life burdensome,” incompatibility, habitual alcohol or drug addiction, and incurable mental illness. For a comprehensive explanation of the divorce laws in Alaska, go to womansdivorce.com.  

The spouse who is filing for a divorce is required to be a resident of Alaska if the marriage occurred within the state. If the marriage was not solemnized in the state, the other spouse’s residence in Alaska also qualifies as residence to begin divorce proceedings.  There is no residency time restrictions for filing divorce actions in Alaska.

Divorce laws vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states can be found at abanet.org.

*An example of an Alaskan Divorce Settlement Agreement can be seen on Free Legal Aid.