Title 25, Marital and Domestic Relations

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) …

(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…

In an action for divorce on the ground of adultery, a confession of adultery is not alone sufficient to justify a judgment of divorce.

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.

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 …

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.

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…

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…

(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…

(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…

(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…

(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…

(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, …

(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…

(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…

The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons.

(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…

(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 …

(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), …

(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…

(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…

(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 …

(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…

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.

(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 respect to the custody, support,…

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.

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…

One of the parties to a complaint for legal separation must be a resident of the state at the time the action is commenced.

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.

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.

(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…

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.

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.

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…

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.

In this chapter, “animal” means a vertebrate living creature not a human being.