Divorce
1. No common law marriage : Alaska does not recognize common law marriage. You must be legally and officially married for your relationship to be recognized as a "marriage." Marriages in other states/countries are normally recognized by Alaskan courts.
2. Divorce/Dissolution : To terminate a marriage, you may either: (1) do a dissolution by agreement of both parties; or (2) file a lawsuit for a formal divorce - when the parties don't agree about everything . A dissolution is normally a huge mistake if you have significant assets. It normally costs a lot more to hire an attorney to get the division done correctly - after a couple tries to do a dissolution on their own "to save attorney fees."
3. Child Custody Is About the Child : Child custody is (normally) ordered by the court in the "best interests of the child." The Court normally doesn't give much weight to the parents' preferences. It's all about the child. Practically, the court normally selects a "primary custody" parent, who has physical custody 51% of the time, or more. Child support is addressed in Civil Rule 90.3, a complicated rule that requires an attorneys attention to decipher.
4. Property Division/Alimony : Property division is normally 50/50 of the "marital estate" but can be modified, depending on circumstances. Alaska greatly disapproves of alimony, instead giving a disadvantaged spouse a larger portion of the "marital estate." Money earned during the life of the marriage (including retirement accounts) is normally considered part of the "marital estate" and is subject to division. Inheritances, and money brought into the marriage are normally considered "separate property" that is not subject to division. If you have more than $100,000 in your "marital estate" - get an attorney, now.
Recommended Divorce Attorneys:
- John Connors, Esq. - (907) 457-3410
- Larry Reger, Esq. - (907) 451-5526
- Mike Kramer, Esq. - (907) 452-1666