Title 25 — Marital and Domestic Relations
11 chapters · 361 sections in this title.
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.
AS 25.25.010 Secs. 25.25.010 — 25.25.100. [Repealed, § 21 ch 57 SLA 1995.]
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Article 1. General Provisions.
AS 25.25.101 Definitions.
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In this chapter, (1) “child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent; (2) “child support or…
AS 25.25.102 State tribunal and support enforcement.
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(a) The superior court and the child support services agency are the tribunals of this state. (b) The child support services agency created in AS 25.27.010 is the support enforcement agency of this state.
AS 25.25.103 Remedies cumulative.
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(a) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a support order on the basis of comity. (b) This chapter does not (1) provide the exclusive method of establishing or enforcing a support orde…
AS 25.25.104 Application of this chapter to resident of foreign country and foreign support proceeding.
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(a) A tribunal of this state shall apply AS 25.25.101 — 25.25.616 and, as applicable, AS 25.25.702 — 25.25.714, to a support proceeding involving (1) a foreign support order; (2) a foreign tribunal; or (3) an obligee, obligor, or child residing in a foreign country. (b) A tribuna…
AS 25.25.110 Secs. 25.25.110 — 25.25.200. [Repealed, § 21 ch 57 SLA 1995.]
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Article 2. Jurisdiction.
AS 25.25.201 Bases for jurisdiction over nonresident.
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(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if (1) the individual is personally served with …
AS 25.25.202 Duration of personal jurisdiction.
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Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction…
AS 25.25.203 Initiating and responding tribunal of this state.
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Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
AS 25.25.204 Simultaneous proceedings.
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(a) A tribunal of this state may exercise jurisdiction to establish a support order if the complaint or comparable pleading is filed after a complaint or comparable pleading is filed in another state or a foreign country only if (1) the complaint or comparable pleading in this st…
AS 25.25.205 Continuing, exclusive jurisdiction to modify child support order.
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(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and, (1) at the time of the filing of a reque…
AS 25.25.206 Continuing jurisdiction to enforce child support order.
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(a) A tribunal of this state that has issued a child support order consistent with the laws of this state may serve as an initiating tribunal to request a tribunal of another state to enforce (1) the order if the order is the controlling order and has not been modified by a tribu…
AS 25.25.207 Determination of controlling child support order.
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(a) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal is controlling and shall be recognized. (b) If a proceeding is brought under this chapter and two or more child support orders have been issued by …
AS 25.25.208 Child support orders for two or more obligees.
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In responding to registrations or complaints for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, when at least one of the orders was issued by a tribunal of another state or a foreign co…
AS 25.25.209 Credit for payments.
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A tribunal of this state shall credit amounts collected for a particular period under any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a for…
AS 25.25.210 Secs. 25.25.210 — 25.25.270. [Repealed, § 21 ch 57 SLA 1995.]
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[Repealed or reserved.]
AS 25.25.280 Application of this chapter to nonresident subject to personal jurisdiction.
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A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state under AS 25.25.316, comm…
AS 25.25.281 Continuing, exclusive jurisdiction to modify spousal support order.
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Article 3. Civil Provisions of General Application. (a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (b…
AS 25.25.301 Proceedings under this chapter.
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(a) Except as otherwise provided in this chapter, AS 25.25.301 — 25.25.319 apply to all proceedings under this chapter. (b) [Repealed, § 32 ch 102 SLA 2015.] (c) An individual or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a comp…
AS 25.25.302 Proceeding by minor parent.
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A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
AS 25.25.303 Application of law of this state.
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Except as otherwise provided in this chapter, a responding tribunal of this state shall (1) apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proce…
AS 25.25.304 Duties of initiating tribunal.
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(a) Upon the filing of a complaint or comparable pleading authorized by this chapter, an initiating tribunal of this state shall forward the complaint or comparable pleading and its accompanying documents (1) to the responding tribunal or appropriate support enforcement agency in…
AS 25.25.305 Duties and powers of responding tribunal.
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(a) When a responding tribunal of this state receives a complaint or comparable pleading from an initiating tribunal or directly under AS 25.25.301(c), it shall cause the complaint or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tri…
AS 25.25.306 Inappropriate tribunal.
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If a complaint or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the complaint or pleading, and accompanying documents, to an appropriate tribunal in this state or another state and notify the petitioner where and when the c…
AS 25.25.307 Duties of child support services agency.
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(a) The child support services agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. (b) In providing services under this chapter to the petitioner, the child support services agency of this state shall (1) take all steps n…
AS 25.25.308 Duty of the Department of Revenue.
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(a) If the Department of Revenue determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Department of Revenue may order the agency to perform its duties under this chapter or may provide those services directly to the in…
AS 25.25.309 Private counsel.
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An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
AS 25.25.310 Duties of state information and locator agency.
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The child support services agency is the state information agency under this chapter, and it shall (1) compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and the appropriate agency offices in this sta…
AS 25.25.311 Pleadings and accompanying documents.
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(a) In a proceeding under this chapter, a petitioner seeking to establish a support order to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country shall file a complaint or comparable pleading. Unless otherwis…