Title 25 — Marital and Domestic Relations
11 chapters · 361 sections in this title.
AS 25.24.010 Right of action for divorce.
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A husband or wife may maintain an action against the other for divorce or to have the marriage declared void.
AS 25.24.020 Void marriages.
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A marriage which is prohibited by law on account of consanguinity between the persons, or a subsequent marriage contracted by a person during the life of a former husband or wife which marriage has not been annulled or dissolved is void.
AS 25.24.030 Voidable marriages.
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A marriage may be declared void for any of the following causes existing at the time of the marriage: (1) that the party in whose behalf it is sought to have the marriage declared void was under the age of legal consent, and the marriage was contracted without the consent of the …
AS 25.24.040 Action to declare marriage valid.
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When either the husband or wife claims or pretends that the marriage is void or voidable, the other spouse may bring an action to have the marriage declared valid. The court may determine if the marriage is void from the beginning or from the time of the judgment or that it is va…
AS 25.24.050 Grounds for divorce.
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A divorce may be granted for any of the following grounds: (1) failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action; (2) adultery; (3) conviction of a felony; (4) wilful desertion for a period of one year; (5) either (A) …
AS 25.24.060 Mediation.
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(a) Except as provided in (f) and (g) of this section, at any time within 30 days after a complaint or cross-complaint in a divorce action is filed, a party to the action may file a motion with the court requesting mediation, for the purpose of achieving a mutually agreeable sett…
AS 25.24.070 Confession of adultery.
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In an action for divorce on the ground of adultery, a confession of adultery is not alone sufficient to justify a judgment of divorce.
AS 25.24.080 Residence requirements for action to declare marriage void.
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When a marriage has been solemnized and the plaintiff is a resident of the state, an action to declare the marriage void may be brought at any time.
AS 25.24.090 Use of spouse's residence.
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Where one spouse is plaintiff in an action for divorce or to declare void a marriage that was not solemnized in the state, the residence of the other spouse in this state inures to the plaintiff's benefit and the action may be instituted if the other spouse is at the time of its …
AS 25.24.100 [Renumbered as AS 25.24.900.]
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[Repealed or reserved.]
AS 25.24.110 Separate domicile or residence.
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In an action for divorce, a spouse may acquire a separate residence or domicile from that of the other spouse without reference among other factors to misconduct or consent of the other spouse.
AS 25.24.120 Defenses to adultery.
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In a divorce action for adultery, the following defenses may be made: (1) procurement; (2) connivance; (3) the act has been expressly forgiven or impliedly forgiven by the voluntary cohabitation of the parties after knowledge of the act; (4) the plaintiff is also guilty of adulte…
AS 25.24.130 Defenses to other divorce grounds.
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When the divorce action is for any of the grounds provided in AS 25.24.050(4)—(6), the defense of procurement or that the defendant has been expressly forgiven may be made. When the divorce action is for the ground provided in AS 25.24.050(3), the defense of procurement or that t…
AS 25.24.140 Orders during action.
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(a) During the pendency of the action, a spouse may, upon application and in appropriate circumstances, be awarded expenses, including (1) attorney fees and costs that reasonably approximate the actual fees and costs required to prosecute or defend the action; in applying this pa…
AS 25.24.150 Judgments for custody; supervised visitation.
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(a) In an action for divorce or for legal separation, for placement of a child when one or both parents have died, or as part of a child-in-need-of-aid proceeding for a child in state custody under AS 47.10, the court may, if it has jurisdiction under AS 25.30.300 — 25.30.320, an…
AS 25.24.152 Children as dependents for tax purposes.
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(a) In an action for divorce, dissolution, or to declare a marriage void, the court may not unconditionally grant to a noncustodial parent the right to claim a child as a dependent under federal income tax laws. The court may grant a noncustodial parent the right to claim a child…
AS 25.24.155 Reservation of issues.
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(a) The court may not delay or reserve a custody decision under AS 25.24.150(f) or an issue of property division under AS 25.24.160(c) unless (1) each party, and the guardian ad litem if one has been appointed under AS 25.24.310, expressly agrees on the record to the delay or res…
AS 25.24.160 Judgment.
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(a) In a judgment in an action for divorce or action declaring a marriage void or at any time after judgment, the court may provide (1) for the payment by either or both parties of an amount of money or goods, in gross or installments that may include cost-of-living adjustments, …
AS 25.24.165 Change of name in divorce or annulment.
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(a) In a judgment in an action for divorce or action declaring a marriage void, the court may change the name of either of the parties. (b) If a party seeks a change of name to a name other than a prior name, the court shall set a date for hearing not less than 40 days after fili…
AS 25.24.170 Modification of judgment.
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(a) Subject to AS 25.20.110, any time after judgment the court, upon the motion of either party, may set aside, alter, or modify so much of the judgment as may provide for alimony, for the appointment of trustees for the care and custody of the minor children or for their nurture…
AS 25.24.180 Effect of divorce.
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Article 2. Dissolution of Marriage. The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons.
AS 25.24.200 Dissolution of marriage.
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(a) A husband and wife together may petition the superior court for the dissolution of their marriage under AS 25.24.200 — 25.24.260 if the following conditions exist at the time of filing the petition: (1) incompatibility of temperament has caused the irremediable breakdown of t…
AS 25.24.210 Petition for dissolution.
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(a) The caption in a petition for dissolution of marriage under AS 25.24.200 — 25.24.260 shall be styled substantially “In the Matter of the Dissolution of the Marriage of .............. and ..............” (b) The petition shall be filed with the superior court and shall either …
AS 25.24.220 Hearing.
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(a) After a petition for dissolution is filed under the provisions of AS 25.24.210, a hearing shall be scheduled in accordance with the Alaska Rules of Civil Procedure. (b) Except as provided in (i) of this section, if the petition is filed by both spouses under AS 25.24.200(a), …
AS 25.24.230 Judgment.
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(a) If the petition is filed under AS 25.24.200(a), and is not subject to AS 25.24.220(h), the court may grant the spouses a final decree of dissolution and shall order other relief as provided in this section if the court, upon consideration of the information contained in the p…
AS 25.24.232 Children as dependents for tax purposes.
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(a) Notwithstanding other provisions of AS 25.24.200 — 25.24.260, the court may not grant a final decree of dissolution that incorporates an agreement between the parties if the agreement unconditionally entitles a noncustodial parent to claim a child as a dependent under federal…
AS 25.24.240 Effect and modification of decree.
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(a) A decree of dissolution issued under AS 25.24.200 — 25.24.260 shall have the same force and effect as a decree granted under AS 25.24.010 — 25.24.180. (b) A decree of dissolution granted under AS 25.24.200 — 25.24.260 may be modified or enlarged as prescribed by AS 25.24.150 …
AS 25.24.250 Forms.
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(a) The Department of Law, in cooperation with the administrator of the Alaska Court System, shall prepare forms and instructions for use by persons wishing to obtain a dissolution of their marriage under AS 25.24.200 — 25.24.260 and wishing to utilize the services of the child s…
AS 25.24.260 Right to file action for divorce.
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Article 3. Representation of Minor. No spouse may be precluded from filing an action for divorce under AS 25.24.010 — 25.24.180 upon dismissal or denial of a petition filed under AS 25.24.200 — 25.24.260.
AS 25.24.300 [Renumbered as AS 25.20.140.]
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[Repealed or reserved.]
AS 25.24.310 Representation of minor.
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Article 4. Legal Separation. (a) In an action involving a question of the custody, support, or visitation of a child, the court may, upon the motion of a party to the action or upon its own motion, appoint an attorney or the office of public advocacy to represent a minor with res…
AS 25.24.400 Complaint for legal separation.
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A husband or a wife may separately or jointly file a complaint in the superior court for a legal separation. A legal separation may be granted no more than once to the same married couple.
AS 25.24.410 Grounds for a legal separation.
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A legal separation may be granted by the court based on a finding that (1) an incompatibility of temperament exists between the parties; and (2) the continuation of the parties' status as married persons preserves or protects significant legal, financial, social, or religious int…
AS 25.24.420 Residency required.
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One of the parties to a complaint for legal separation must be a resident of the state at the time the action is commenced.
AS 25.24.430 Consolidation of actions.
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If, at any time, a party to an action for legal separation files an action for divorce or annulment, the court shall consolidate the new action with the action for legal separation.
AS 25.24.440 Applicability of other statutes.
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The following statutes relating to divorce actions shall be applied similarly to an action for legal separation: AS 25.24.060, 25.24.140, 25.24.150, 25.24.152, 25.24.160, and 25.24.170.
AS 25.24.450 Decree.
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(a) If a court finds that the grounds specified under AS 25.24.410 exist, the court may enter a decree of legal separation. (b) Unless otherwise provided in the decree, provisions for child custody and visitation, child support, and spousal support included in a decree of legal s…
AS 25.24.460 Effect of separation.
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Article 5. General Provisions. A decree of legal separation does not restore the parties to the status of unmarried persons. A decree of legal separation modifies the parties' rights and responsibilities as married persons only to the extent specified in the decree of separation.…
AS 25.24.900 Residency of military personnel.
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A person serving in a military branch of the United States government who has been continuously stationed at a military base or installation in the state for at least 30 days is considered a resident of the state for the purposes of this chapter.
AS 25.24.910 Payment of support to 18-year-olds.
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When a court order or judgment provides for child support to be paid for the care of an unmarried 18-year-old child who is actively pursuing a high school diploma or an equivalent level of technical or vocational training while living as a dependent with a parent, guardian, or de…
AS 25.24.920 Provision of information to child support services agency.
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For purposes of 42 U.S.C. 666 and AS 25.27.193, when a court order or judgment provides for child support to be paid, the clerk of the court shall provide a copy of the order or judgment to the child support services agency created in AS 25.27.010.
AS 25.24.990 Definition.
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In this chapter, “animal” means a vertebrate living creature not a human being.