Arkansas Divorce Laws
Residency Requirements for Divorce in Arkansas
A spouse must reside in the state for 60 days to file for divorce and for 3 months before a divorce will be finalized. The divorce should be filed in the county of the plaintiff. However, if the plaintiff is a non-resident of Arkansas, the divorce may be filed in the county where the defendant resides. The venue requirements may be waived in Arkansas.
[Arkansas Code of 1987 Annotated; Title 9, Chapters 12-301 and 12-303].
Legal Grounds for Divorce in Arkansas
1. No Fault Divorce: Voluntarily living separately without cohabitation for 18 months.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-301].
2. General Divorce:
1.Impotence
2.Adultery
3.Confinement for incurable insanity or separation caused by mental illness for a period of 3 years
4.Conviction of a felony
5.Cruel and inhuman treatment which endangers the life of the spouse
6.Personal indignities
7.Habitual intemperance (drunkenness) for 1 year
8.Commission and/or conviction of an infamous crime
9.Nonsupport whereby the spouse is able to provide support but willfully fails to provide suitable maintenance for the complaining spouse.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-301].
Legal Separation in Arkansas
Legal separation may be granted for the following reasons:
1.Impotence
2.Adultery
3.Confinement for incurable insanity or separation caused by mental illness for a period of 3 years
4.Conviction of a felony
5.Willful desertion for 1 year
6.Cruel and inhuman treatment which endangers the life of the spouse
7.Personal indignities
8.Habitual intemperance (drunkenness) for 1 year
9.Commission and/or conviction of an infamous crime
10.Voluntary separation for 18 months
11.Nonsupport whereby the spouse is able to provide support but willfully fails to provide suitable maintenance for the complaining spouse.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-301].
Simplified/Special Divorce Procedures in Arkansas
In an uncontested divorce, proof of a spouse's residency, proof of separation, and proof of no cohabitation may be provided by a signed affidavit from a third party. In addition, in an uncontested divorce, proof of the grounds for divorce need not be corroborated by a third party.
[Arkansas Code of 1987 Annotated; Title 9, Chapters 12-306, 12-313, and 12-316].
Divorce Mediation or Counseling Requirements
There is no legal provision in Arkansas for mediation.
Divorce Property Distribution
Arkansas is an "equitable distribution" state. All of the marital property acquired during the marriage is divided equally between the spouses. However, if the court finds the division to be unfair, it may redistribute the property, after consideration of the following factors:
1.The contribution of each spouse to the preservation, appreciation, or acquisition of the marital property, including the contribution of each spouse as homemaker
2.The length of the marriage
3.The age, health, and station in life of the spouses
4.The occupation of the spouses
5.The amount and sources of income of the spouses
6.The vocational skills of the spouses
7.The employability of the spouses
8.The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9.The federal income tax consequences of the court's division of the property
The separate property of each spouse, consisting of property acquired prior to the marriage, and any gifts or inheritances, is retained by the spouse owning it, unless the court finds it necessary to divide the separate property in order to achieve an equitable distribution.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-315].
Alimony and Spousal Support
Alimony may be granted to either spouse in fixed installments for a specific period of time and subject to automatic termination upon the death of either spouse, remarriage of the receiving spouse, or the establishment by the receiving spouse of a relationship that produces a child or children. Where the grounds for divorce are voluntary separation for 3 years, fault may be considered in dividing the property. The factors for consideration specified in the statute are that the amount be reasonable based on the circumstances of the parties and the nature of the case. Alimony payments may be ordered to be paid through the registry of the court.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-312].
Spouse's Name After Divorce
The court may restore the wife's pre-marriage name.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-318].
Child Custody After Divorce
Child custody is awarded based on the welfare and best interests of the child, after a consideration of the following factors:
1.The circumstances of the parents and child
2.The nature of the case
3.Which parent is most likely to allow frequent and continuing contact with the other parent
4.Any acts of domestic violence
Joint or shared custody may been awarded if it is found to be in the best interests of the child. The sex of the parent is not a factor for decisions relating to child custody. A grandparent of a child may petition the court to request continuing contact with the child.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 13-101 and Arkansas Case Law].
Child Support After Divorce
In awarding a reasonable amount of child support, the court is to consider the following factors:
1.The circumstances of the parents and child
2.The nature of the case
Child support payments may be ordered to be paid through the registry of the court and the court may require that a bond securing payment be required. There is an official Arkansas Family Support guidelines chart which is presumed to be correct, unless the court finds that the amount would be inappropriate or unjust, considering the following factors:
1.Any necessary medical, dental, or psychological care or insurance
2.The creation or maintenance of trust fund for the child
3.Daycare expenses
4.Extraordinary time spent with the non-custodial parent
5.Any additional support provided by the parent obligated to pay support
This chart should be available from the Clerk of any Chancery Court. In addition, an official Affidavit of Financial Means must be filed with divorce cases which involve issues relating to child support.
[Arkansas Code of 1987 Annotated; Title 9, Chapters 12-312 and 14-105 and Addendum to 1997 Arkansas Code Supplement].
Wednesday, May 30, 2007
Friday, May 18, 2007
Arizona Divorce Laws
Arizona Divorce Laws
Residency Requirements for Divorce in Arizona
One of the spouses must have lived in the state at least 90 days before filing for dissolution of marriage. The divorce should be filed in the county in which the petitioner resides at the time of filing. There is also a 60-day waiting period after the service of process on the Respondent (or after the Respondent's acceptance of service. [Arizona Revised Statutes Annotated; Title 12, Chapter 401 and Title 25, Chapters 312 and 329].
Legal Grounds for Divorce in Arizona
No Fault Divorce: Irretrievable breakdown of the marriage. [Arizona Revised Statutes Annotated; Title 25, Chapter 312].
General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of a "standard" marriage in Arizona. However, Arizona recognizes what is termed a "covenant marriage," which is presumably a higher standard of marriage. The grounds for dissolution of a covenant marriage are:
1.Adultery
2.Conviction of a felony which mandates imprisonment or death
3.Abandonment for over 1 year
4.Commission of domestic violence against spouse, child, or relative
5.Living separately and continuously and without reconciliation for over 2 years
6.Living separately for over 1 year after a legal separation is obtained
7.Habitual use of drugs or alcohol
8.Both spouses agree to a dissolution.
[Arizona Revised Statutes Annotated; Title 25, Chapters 312, 901, and 903].
Legal Separation in Arizona
Irretrievable breakdown of the marriage or that 1 spouse desires to live separate and apart are the grounds for legal separation in Arizona. However, if the marriage is a "covenant marriage," the grounds for legal separation are the same as the grounds for a general dissolution of a "covenant marriage" listed above, under Legal Grounds for Dissolution of Marriage. One of the spouses must live in the state of Arizona when the action for legal separation is filed. No residency time limit is specified. If 1 spouse objects to a legal separation, the case will be amended to be an action for dissolution of the marriage. [Arizona Revised Statutes Annotated; Title 25, Chapters 313, 901, and 903].
Simplified/Special Divorce Procedures in Arizona
Acceptance and waiver of service is allowed. In addition, Arizona law expressly encourages separation agreements. Also, dissolution of marriage petitions may be heard before a court commissioner if an appearance and waiver is filed. [Arizona Revised Statutes Annotated; Title 25, Chapter 317, Arizona Rules of Civil Procedure; Rule 4(f), and Arizona Rules of the Supreme Court; Rule 91].
Divorce Mediation in Arizona
Prior to filing for dissolution of marriage, either spouse may ask the court to order mediation for the purpose of a reconciliation to save the marriage or to obtain an amicable settlement and avoid further litigation. After a dissolution of marriage has been filed, either spouse may request that the dissolution of marriage proceedings be transferred to the Conciliation Court for mediation. Official forms for requesting this transfer are available from the clerk of any Superior Court. In addition, if 1 spouse denies that the marriage is irretrievably broken, the court may delay the case for up to 60 days and order the spouses to attend a conciliation conference. In addition, a judge may require spouses to attend conciliation conferences. Finally, there is a required delay of 60 days after the service of papers on the respondent spouse before any hearing may be held for a dissolution of marriage. [Arizona Revised Statutes Annotated; Title 25, Chapters 312, 316, 329, and 381.09+].
Divorce Property Distribution
Arizona is a "community property" state. Separate property is retained by the owner of the property. Community or marital property (property acquired during the marriage) is divided and awarded equitably. Marital misconduct is not considered in the division. The court may consider excessive or abnormal expenditures of community property, and any destruction, concealment, or fraudulent disposition of community property in making the division. The court may place a lien upon a spouse's separate property in order to secure payment of child support or spousal support. A special Notice regarding debts and creditors is provided by statute and must be included on any materials served to the respondent. In addition, at the request of either spouse, the court shall order the spouses to submit a "debt distribution plan" which allocates the responsibilities for debts. Forms for this are included in Arizona Revised Statutes; Title 25, Chapter 318. [Arizona Revised Statutes Annotated; Title 25, Chapter 318]
Alimony and Spousal Support
Maintenance can be awarded to either spouse, if the spouse seeking maintenance:
1.Lacks sufficient property to provide for his or her reasonable needs
2.Is unable to support himself or herself through appropriate employment
3.Is the custodian of a child whose age and condition is such that the custodian should not be required to seek employment outside the home
4.Lacks earning ability in the labor market to adequately support himself or herself
5.Contributed to the educational opportunities of the other spouse
6.Had a marriage of long duration and is of an age which may preclude the possibility of gaining employment adequate to support himself or herself.
Marital misconduct is not a factor to be considered. The factors to be considered are:
1.The contribution of the spouse seeking maintenance to the earning ability of the other spouse and the extent that the seeking spouse reduced his or her income or career opportunities to benefit the other spouse
2.The time for the spouse to acquire education and training for suitable employment
3.The spouse's future earning capacity
4.The spouse's standard of living during the marriage
5.The duration of the marriage
6.The ability of the spouse providing maintenance to meet his or her needs while providing the maintenance to the other
7.The financial resources of the spouse seeking maintenance (including marital property awarded and the spouse's ability to meet his or her needs independently)
8.Any destruction, concealment, fraudulent disposition, or excessive expenditures of jointly-held property
9.The comparative financial resources of the spouses including their comparative earning capacities
10.The age of the spouses
11.The physical and emotional condition of the spouses
12.The usual occupations of the spouses during the marriage
13.The vocational skills of the spouse seeking maintenance
14.The ability of both parties to contribute to the future educational costs of any children
15.Any other factors the court may deem just and equitable.
Awards of maintenance are to be paid through the court unless the spouses agree otherwise. Maintenance agreements may be made non-modifiable by agreement of both spouses. [Arizona Revised Statutes Annotated; Title 25, Chapters 319 and 322].
Spouse's Name After Divorce
A spouse's former or maiden name may be restored upon request. [Arizona Revised Statutes Annotated; Title 25, Chapter 325]
Child Custody After Divorce
In awarding custody, the court considers the best interests of the child and the following factors:
1.The preference of the child
2.The desire and ability of each parent to allow an open, loving, and frequent relationship between the child and the other parent
3.The wishes of the parents
4.The child's adjustment to his or her home, school, and community
5.The mental and physical health of the child and the parents
6.The relationship between the child and the parents and any siblings
7.Any evidence of significant spouse or child abuse
8.Any coercion or duress in obtaining a custody agreement
9.Which parent(s) have provided primary care of the child.
No preference is to be given on the basis of the parent's sex. If custody is contested, all other issues in the case are decided first. Joint custody may be awarded if the parents submit a written agreement providing for joint or shared custody and it is found to be in the best interests of the child, after a consideration of the general child custody factors (above) and the following additional factors:
1.That neither parent was coerced or influenced by duress into withholding or granting his or her agreement to joint custody
2.That the parents can sustain an ongoing commitment to the child
3.That the joint custody agreement is logistically possible.
Grandparents and great-grandparents may be awarded visitation rights. [Arizona Revised Statutes Annotated; Title 25, Chapters 401+ and Arizona Case Law].
Child Support After Divorce
Either parent may be ordered to pay child support, without regard to marital misconduct, based on the following factors:
1.The financial resources of the child
2.the standard of living of the child during the marriage
3.The physical and emotional needs of the child
4.The financial resources and obligations of both parents
5.Any destruction, concealment, fraudulent disposition, or excessive expenditure of jointly-held property
6.The needs of the child
7.The duration of parenting time and any related expenses.
Awards of child support are to be paid through the court unless the spouses agree otherwise. In addition, there are specific Arizona Supreme Court guidelines for child support payments available from the Clerk of any Superior Court. The amount of support established by using the official guidelines will be the required amount of child support, unless the court finds such an amount would be inappropriate or unjust. Every child support order must assign 1 or both of the parents responsibility for providing medical insurance coverage for the child and for payment of any medical expenses not covered by insurance. Unless there is contrary evidence presented in court, the court will assume that the non-custodial parent is capable of full-time work at the Federal minimum wage (unless the parent is under 18 years of age and attending high-school). [Arizona Revised Statutes Annotated; Title 25, Chapters 320, 322, and 500+].
Residency Requirements for Divorce in Arizona
One of the spouses must have lived in the state at least 90 days before filing for dissolution of marriage. The divorce should be filed in the county in which the petitioner resides at the time of filing. There is also a 60-day waiting period after the service of process on the Respondent (or after the Respondent's acceptance of service. [Arizona Revised Statutes Annotated; Title 12, Chapter 401 and Title 25, Chapters 312 and 329].
Legal Grounds for Divorce in Arizona
No Fault Divorce: Irretrievable breakdown of the marriage. [Arizona Revised Statutes Annotated; Title 25, Chapter 312].
General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of a "standard" marriage in Arizona. However, Arizona recognizes what is termed a "covenant marriage," which is presumably a higher standard of marriage. The grounds for dissolution of a covenant marriage are:
1.Adultery
2.Conviction of a felony which mandates imprisonment or death
3.Abandonment for over 1 year
4.Commission of domestic violence against spouse, child, or relative
5.Living separately and continuously and without reconciliation for over 2 years
6.Living separately for over 1 year after a legal separation is obtained
7.Habitual use of drugs or alcohol
8.Both spouses agree to a dissolution.
[Arizona Revised Statutes Annotated; Title 25, Chapters 312, 901, and 903].
Legal Separation in Arizona
Irretrievable breakdown of the marriage or that 1 spouse desires to live separate and apart are the grounds for legal separation in Arizona. However, if the marriage is a "covenant marriage," the grounds for legal separation are the same as the grounds for a general dissolution of a "covenant marriage" listed above, under Legal Grounds for Dissolution of Marriage. One of the spouses must live in the state of Arizona when the action for legal separation is filed. No residency time limit is specified. If 1 spouse objects to a legal separation, the case will be amended to be an action for dissolution of the marriage. [Arizona Revised Statutes Annotated; Title 25, Chapters 313, 901, and 903].
Simplified/Special Divorce Procedures in Arizona
Acceptance and waiver of service is allowed. In addition, Arizona law expressly encourages separation agreements. Also, dissolution of marriage petitions may be heard before a court commissioner if an appearance and waiver is filed. [Arizona Revised Statutes Annotated; Title 25, Chapter 317, Arizona Rules of Civil Procedure; Rule 4(f), and Arizona Rules of the Supreme Court; Rule 91].
Divorce Mediation in Arizona
Prior to filing for dissolution of marriage, either spouse may ask the court to order mediation for the purpose of a reconciliation to save the marriage or to obtain an amicable settlement and avoid further litigation. After a dissolution of marriage has been filed, either spouse may request that the dissolution of marriage proceedings be transferred to the Conciliation Court for mediation. Official forms for requesting this transfer are available from the clerk of any Superior Court. In addition, if 1 spouse denies that the marriage is irretrievably broken, the court may delay the case for up to 60 days and order the spouses to attend a conciliation conference. In addition, a judge may require spouses to attend conciliation conferences. Finally, there is a required delay of 60 days after the service of papers on the respondent spouse before any hearing may be held for a dissolution of marriage. [Arizona Revised Statutes Annotated; Title 25, Chapters 312, 316, 329, and 381.09+].
Divorce Property Distribution
Arizona is a "community property" state. Separate property is retained by the owner of the property. Community or marital property (property acquired during the marriage) is divided and awarded equitably. Marital misconduct is not considered in the division. The court may consider excessive or abnormal expenditures of community property, and any destruction, concealment, or fraudulent disposition of community property in making the division. The court may place a lien upon a spouse's separate property in order to secure payment of child support or spousal support. A special Notice regarding debts and creditors is provided by statute and must be included on any materials served to the respondent. In addition, at the request of either spouse, the court shall order the spouses to submit a "debt distribution plan" which allocates the responsibilities for debts. Forms for this are included in Arizona Revised Statutes; Title 25, Chapter 318. [Arizona Revised Statutes Annotated; Title 25, Chapter 318]
Alimony and Spousal Support
Maintenance can be awarded to either spouse, if the spouse seeking maintenance:
1.Lacks sufficient property to provide for his or her reasonable needs
2.Is unable to support himself or herself through appropriate employment
3.Is the custodian of a child whose age and condition is such that the custodian should not be required to seek employment outside the home
4.Lacks earning ability in the labor market to adequately support himself or herself
5.Contributed to the educational opportunities of the other spouse
6.Had a marriage of long duration and is of an age which may preclude the possibility of gaining employment adequate to support himself or herself.
Marital misconduct is not a factor to be considered. The factors to be considered are:
1.The contribution of the spouse seeking maintenance to the earning ability of the other spouse and the extent that the seeking spouse reduced his or her income or career opportunities to benefit the other spouse
2.The time for the spouse to acquire education and training for suitable employment
3.The spouse's future earning capacity
4.The spouse's standard of living during the marriage
5.The duration of the marriage
6.The ability of the spouse providing maintenance to meet his or her needs while providing the maintenance to the other
7.The financial resources of the spouse seeking maintenance (including marital property awarded and the spouse's ability to meet his or her needs independently)
8.Any destruction, concealment, fraudulent disposition, or excessive expenditures of jointly-held property
9.The comparative financial resources of the spouses including their comparative earning capacities
10.The age of the spouses
11.The physical and emotional condition of the spouses
12.The usual occupations of the spouses during the marriage
13.The vocational skills of the spouse seeking maintenance
14.The ability of both parties to contribute to the future educational costs of any children
15.Any other factors the court may deem just and equitable.
Awards of maintenance are to be paid through the court unless the spouses agree otherwise. Maintenance agreements may be made non-modifiable by agreement of both spouses. [Arizona Revised Statutes Annotated; Title 25, Chapters 319 and 322].
Spouse's Name After Divorce
A spouse's former or maiden name may be restored upon request. [Arizona Revised Statutes Annotated; Title 25, Chapter 325]
Child Custody After Divorce
In awarding custody, the court considers the best interests of the child and the following factors:
1.The preference of the child
2.The desire and ability of each parent to allow an open, loving, and frequent relationship between the child and the other parent
3.The wishes of the parents
4.The child's adjustment to his or her home, school, and community
5.The mental and physical health of the child and the parents
6.The relationship between the child and the parents and any siblings
7.Any evidence of significant spouse or child abuse
8.Any coercion or duress in obtaining a custody agreement
9.Which parent(s) have provided primary care of the child.
No preference is to be given on the basis of the parent's sex. If custody is contested, all other issues in the case are decided first. Joint custody may be awarded if the parents submit a written agreement providing for joint or shared custody and it is found to be in the best interests of the child, after a consideration of the general child custody factors (above) and the following additional factors:
1.That neither parent was coerced or influenced by duress into withholding or granting his or her agreement to joint custody
2.That the parents can sustain an ongoing commitment to the child
3.That the joint custody agreement is logistically possible.
Grandparents and great-grandparents may be awarded visitation rights. [Arizona Revised Statutes Annotated; Title 25, Chapters 401+ and Arizona Case Law].
Child Support After Divorce
Either parent may be ordered to pay child support, without regard to marital misconduct, based on the following factors:
1.The financial resources of the child
2.the standard of living of the child during the marriage
3.The physical and emotional needs of the child
4.The financial resources and obligations of both parents
5.Any destruction, concealment, fraudulent disposition, or excessive expenditure of jointly-held property
6.The needs of the child
7.The duration of parenting time and any related expenses.
Awards of child support are to be paid through the court unless the spouses agree otherwise. In addition, there are specific Arizona Supreme Court guidelines for child support payments available from the Clerk of any Superior Court. The amount of support established by using the official guidelines will be the required amount of child support, unless the court finds such an amount would be inappropriate or unjust. Every child support order must assign 1 or both of the parents responsibility for providing medical insurance coverage for the child and for payment of any medical expenses not covered by insurance. Unless there is contrary evidence presented in court, the court will assume that the non-custodial parent is capable of full-time work at the Federal minimum wage (unless the parent is under 18 years of age and attending high-school). [Arizona Revised Statutes Annotated; Title 25, Chapters 320, 322, and 500+].
Alaska Divorce Laws
Alaska Divorce Laws
Residency Requirements for Divorce in Alaska
The spouse filing for a divorce/dissolution of marriage must be a resident. No residency time limit is specified.
Legal Grounds for Divorce in Alaska
For No-Fault Divorce:
Incompatibility of temperament which has caused the irremediable breakdown of the marriage. [Alaska Statutes; Section 25.24.200].
For General Divorce:
1.Adultery
2.Incurable mental illness and confinement for 18 months
3.Drug abuse
4.Failure to consummate marriage
5.Conviction of a felony
6.Willful desertion of over 1 year
7.Cruel and/or inhuman treatment
8.Personal indignities
9.Habitual drunkenness
Legal Separation in Alaska
There is no specific legal provision in Alaska for legal separation.
Divorce Mediation Requirements
Either spouse may request mediation of an attempt to reach a settlement. If no request is made, the judge may order the spouses to submit to mediation if it is felt that a more satisfactory settlement may be achieved. The court will appoint a mediator. [Alaska Statutes; Section 25.24.060].
Divorce Property Distribution
Alaska is an "equitable distribution" state. Both joint and separate property which has been acquired during the marriage will be divided in a "just" manner. Any fault of the spouses shall not be taken into account. If necessary, to achieve a fair result in a "fault-based" divorce action, property acquired before the marriage may be divided also. In a "no-fault" dissolution of marriage action, property acquired prior to the marriage will not be divided unless the spouses agree or it is in the best interests of any children to do so. Gifts and inheritances are also subject to division by the court. Factors considered are:
1.Length of marriage
2.Position in life of the parties during marriage
3.The age and health of the parties
4.The earning capacity of each spouse
5.The financial condition of each spouse
6.The parties' conduct regarding their assets
7.The desirability of awarding the family home to the spouse with primary physical custody of children
8.The time and manner of acquisition of their property
9.The income-producing capacity of the property and its value
10.All other relevant factors
Non-monetary contributions to the marriage (for example: home-making) are also considered. If property is considered "community property" under a community property agreement or trust under Alaska Statutes, Section 34.77, the court may divide such property in a just and equitable manner based on all factors, including: (1) the nature and extent of the community property; (2) the nature and extent of the spouse's separate property; and (3) the duration of the marriage. [Alaska Statutes; Sections 25.24.160 and 25.24.230].
Alimony / Spousal Support
Maintenance may be awarded to either spouse for support. The award may be made as a lump-sum or may be ordered paid in installments. Any fault of the spouses may not be taken into account. Factors considered are:
1.Length of marriage
2.Position in life of the parties during marriage
3.The age and health of the parties
4.The earning capacity of each spouse
5.The financial condition of each spouse
6.The parties conduct regarding their assets
7.The division of the spouse's property
8.All other relevant factors
Non-monetary contributions to the marriage (for example: home-making) are also considered. [Alaska Statutes; Section 25.24.160].
Spouse's Name
The name of either spouse may be changed in the Judgment for Divorce or in the Decree for Dissolution of Marriage. [Alaska Statutes; Sections 25.24.165 and 25.24.230].
Child Custody
Custody is determined with the best interests of the child in mind. Factors to be considered are:
1.The capability and desire of each parent to meet the child's needs
2.the physical, emotional, mental, religious, and social needs of the child
3.The preference of the child (if the child is of sufficient age and capacity)
4.The love and affection between the child and each parent
5.The length of time the child has lived in a stable, satisfactory environment and 6.the desirability of maintaining continuity
The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
7.Any evidence of domestic violence, child abuse, neglect, or spousal abuse
8.Any evidence of substance abuse that affects the emotional or physical well-being of the child
Neither parent is considered to be entitled to custody. [Alaska Statutes; Section 25.24.150].
Joint/shared custody may be awarded, if it is in the best interests of the child. For shared custody to be awarded, the court considers the following factors:
1.The child's needs and education
2.Any special needs of the child that may be better met by 1 parent
3.Any findings of a neutral mediator
4.The optimal time for the child to be with each parent
5.The physical proximity of the parents as it relates to where the child will reside and where the child will attend school
6.The advantage of keeping the child in the community where he or she presently resides
7.Whether shared custody will promote more frequent or continuing contact between the child and the parents
8.The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
9.The fitness and suitability of each of the parents (including any evidence of substance abuse)
10.Any history of violence by either parent
11.The preference of the child (if the child is of sufficient age and capacity)
12.The stability of the home of each parent
13.Any other relevant factors
[Alaska Statutes; Section 25.20.090].
Child Support
Either or both parents may be ordered to provide child support. Child support payments may be ordered paid to a court-appointed trustee or through the state child support enforcement agency. There are official Child Support Guidelines contained in Alaska Rules of Civil Procedure; Rule 90.3. These guidelines are presumed to be correct unless there is a showing that the amount would be manifestly unjust under the particular circumstances in a case. Factors for deviation from the guidelines are:
1.Especially large family size
2.Significant income of the child
3.Health or other extraordinary expenses
4.Unusually low expenses
5.The parent with the child support obligation has an income below Federal poverty level
6.Any other unusual circumstances
For parents with income over $72,000, the above 6 factors do not apply. In those instances, the factors are:
1.That an increased award is just and proper
2.The needs of the children
3.The standard of living of the children
4.The extent to which the standard of living of the children should be reflective of the parent's ability to pay.
Each parent must file a verified statement of income. There is a Child Support Guidelines Worksheet contained in Alaska Rules of Civil Procedure; Rule 90.3. [Alaska Statutes; Sections 25.24.160 and 25.27.110 to 25.27.900, and Alaska Rules of Civil Procedure; Rule 67 and 90.3].
Residency Requirements for Divorce in Alaska
The spouse filing for a divorce/dissolution of marriage must be a resident. No residency time limit is specified.
Legal Grounds for Divorce in Alaska
For No-Fault Divorce:
Incompatibility of temperament which has caused the irremediable breakdown of the marriage. [Alaska Statutes; Section 25.24.200].
For General Divorce:
1.Adultery
2.Incurable mental illness and confinement for 18 months
3.Drug abuse
4.Failure to consummate marriage
5.Conviction of a felony
6.Willful desertion of over 1 year
7.Cruel and/or inhuman treatment
8.Personal indignities
9.Habitual drunkenness
Legal Separation in Alaska
There is no specific legal provision in Alaska for legal separation.
Divorce Mediation Requirements
Either spouse may request mediation of an attempt to reach a settlement. If no request is made, the judge may order the spouses to submit to mediation if it is felt that a more satisfactory settlement may be achieved. The court will appoint a mediator. [Alaska Statutes; Section 25.24.060].
Divorce Property Distribution
Alaska is an "equitable distribution" state. Both joint and separate property which has been acquired during the marriage will be divided in a "just" manner. Any fault of the spouses shall not be taken into account. If necessary, to achieve a fair result in a "fault-based" divorce action, property acquired before the marriage may be divided also. In a "no-fault" dissolution of marriage action, property acquired prior to the marriage will not be divided unless the spouses agree or it is in the best interests of any children to do so. Gifts and inheritances are also subject to division by the court. Factors considered are:
1.Length of marriage
2.Position in life of the parties during marriage
3.The age and health of the parties
4.The earning capacity of each spouse
5.The financial condition of each spouse
6.The parties' conduct regarding their assets
7.The desirability of awarding the family home to the spouse with primary physical custody of children
8.The time and manner of acquisition of their property
9.The income-producing capacity of the property and its value
10.All other relevant factors
Non-monetary contributions to the marriage (for example: home-making) are also considered. If property is considered "community property" under a community property agreement or trust under Alaska Statutes, Section 34.77, the court may divide such property in a just and equitable manner based on all factors, including: (1) the nature and extent of the community property; (2) the nature and extent of the spouse's separate property; and (3) the duration of the marriage. [Alaska Statutes; Sections 25.24.160 and 25.24.230].
Alimony / Spousal Support
Maintenance may be awarded to either spouse for support. The award may be made as a lump-sum or may be ordered paid in installments. Any fault of the spouses may not be taken into account. Factors considered are:
1.Length of marriage
2.Position in life of the parties during marriage
3.The age and health of the parties
4.The earning capacity of each spouse
5.The financial condition of each spouse
6.The parties conduct regarding their assets
7.The division of the spouse's property
8.All other relevant factors
Non-monetary contributions to the marriage (for example: home-making) are also considered. [Alaska Statutes; Section 25.24.160].
Spouse's Name
The name of either spouse may be changed in the Judgment for Divorce or in the Decree for Dissolution of Marriage. [Alaska Statutes; Sections 25.24.165 and 25.24.230].
Child Custody
Custody is determined with the best interests of the child in mind. Factors to be considered are:
1.The capability and desire of each parent to meet the child's needs
2.the physical, emotional, mental, religious, and social needs of the child
3.The preference of the child (if the child is of sufficient age and capacity)
4.The love and affection between the child and each parent
5.The length of time the child has lived in a stable, satisfactory environment and 6.the desirability of maintaining continuity
The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
7.Any evidence of domestic violence, child abuse, neglect, or spousal abuse
8.Any evidence of substance abuse that affects the emotional or physical well-being of the child
Neither parent is considered to be entitled to custody. [Alaska Statutes; Section 25.24.150].
Joint/shared custody may be awarded, if it is in the best interests of the child. For shared custody to be awarded, the court considers the following factors:
1.The child's needs and education
2.Any special needs of the child that may be better met by 1 parent
3.Any findings of a neutral mediator
4.The optimal time for the child to be with each parent
5.The physical proximity of the parents as it relates to where the child will reside and where the child will attend school
6.The advantage of keeping the child in the community where he or she presently resides
7.Whether shared custody will promote more frequent or continuing contact between the child and the parents
8.The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
9.The fitness and suitability of each of the parents (including any evidence of substance abuse)
10.Any history of violence by either parent
11.The preference of the child (if the child is of sufficient age and capacity)
12.The stability of the home of each parent
13.Any other relevant factors
[Alaska Statutes; Section 25.20.090].
Child Support
Either or both parents may be ordered to provide child support. Child support payments may be ordered paid to a court-appointed trustee or through the state child support enforcement agency. There are official Child Support Guidelines contained in Alaska Rules of Civil Procedure; Rule 90.3. These guidelines are presumed to be correct unless there is a showing that the amount would be manifestly unjust under the particular circumstances in a case. Factors for deviation from the guidelines are:
1.Especially large family size
2.Significant income of the child
3.Health or other extraordinary expenses
4.Unusually low expenses
5.The parent with the child support obligation has an income below Federal poverty level
6.Any other unusual circumstances
For parents with income over $72,000, the above 6 factors do not apply. In those instances, the factors are:
1.That an increased award is just and proper
2.The needs of the children
3.The standard of living of the children
4.The extent to which the standard of living of the children should be reflective of the parent's ability to pay.
Each parent must file a verified statement of income. There is a Child Support Guidelines Worksheet contained in Alaska Rules of Civil Procedure; Rule 90.3. [Alaska Statutes; Sections 25.24.160 and 25.27.110 to 25.27.900, and Alaska Rules of Civil Procedure; Rule 67 and 90.3].
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