Title 25 — Marital and Domestic Relations
11 chapters · 361 sections in this title.
AS 25.05.251 Relationship to Vital Statistics Act.
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Nothing in this chapter repeals or abrogates any part of AS 18.50 (Vital Statistics Act). The records and requirements leading up to and including the issuance of the marriage license are included in the definition of “vital statistics” under AS 18.50. The registrar shall supply …
AS 25.05.260 Solemnization by unauthorized person. [Repealed, § 2 ch 58 SLA 1963.]
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Article 5. Solemnization.
AS 25.05.261 Who may solemnize.
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(a) Marriages may be solemnized (1) by a minister, priest, or rabbi of any church or congregation in the state, or by a commissioned officer of the Salvation Army, or by the principal officer or elder of recognized churches or congregations that traditionally do not have regular …
AS 25.05.270 Failure of licensing officer to keep records or permit inspection. [Repealed, § 2 ch 58 SLA 1963.]
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[Repealed or reserved.]
AS 25.05.271 Duty of officiating person before ceremony.
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The officiating person shall determine that the parties presenting themselves to be married are the parties named in the license. If the officiating person knows of a legal impediment to the marriage, the officiating person may not perform the ceremony.
AS 25.05.280 Action to recover fine or forfeiture. [Repealed, § 2 ch 58 SLA 1963.]
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[Repealed or reserved.]
AS 25.05.281 Marriage solemnized by unauthorized person.
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After a license has been obtained, a marriage solemnized before a person professing to be a person authorized to solemnize marriages in the state under AS 25.05.261(a) is valid regardless of a lack of power or authority in the person, if the marriage is consummated with a belief …
AS 25.05.291 Civil and religious ceremonies.
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When a religious ceremony between two parties follows a civil ceremony between them, one license is sufficient for both ceremonies.
AS 25.05.301 Form of solemnization.
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In the solemnization of marriage, no particular form is required except that the parties shall assent or declare in the presence of each other and the person solemnizing the marriage and in the presence of at least one competent witness that they take each other to be husband and…
AS 25.05.311 Marriage without solemnization.
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A marriage contracted after January 1, 1964, is void unless the marriage has been solemnized as provided in this chapter. If the parties to a marriage void for failure to solemnize the marriage validate the marriage by complying with the requirements of this chapter, the issue of…
AS 25.05.321 Marriage certificates.
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Article 6. Penalties. (a) The person solemnizing the marriage shall, on the forms provided by the bureau, complete two short-form certificates and, after that person and the witness have signed them, give one to each of the parties to the marriage. A church or congregation may de…
AS 25.05.331 Unlawful issuance or refusal of license.
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A licensing officer who knowingly issues a marriage license knowing it to be in violation of the provisions of this chapter or who wilfully and wrongfully refuses to issue a license is guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not more than si…
AS 25.05.341 Misrepresentation.
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A person who misrepresents a fact required to be stated on the application for a license or a form related to it, or a licensing officer who issues a marriage license having reason to believe that any material fact has been misrepresented, is guilty of a misdemeanor, and upon con…
AS 25.05.351 Violation concerning marriage license application.
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A licensing officer who refuses or neglects to keep a complete record of each application and of each marriage license issued, or who fails to keep marriage license applications open for inspection or examination by the public during office hours is guilty of a misdemeanor and up…
AS 25.05.361 Unlawful solemnization of marriage.
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A person who solemnizes a marriage without first receiving a proper marriage license from the parties as provided in this chapter or without the parties declaring to take each other as husband and wife, or without requiring the presence of one competent witness; or who solemnizes…
AS 25.05.371 Solemnization of marriage by unauthorized person.
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Article 7. General Provisions. A person not authorized by this chapter who wilfully or knowingly undertakes to solemnize a marriage in this state is guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not more than one year, or by a fine of not more tha…
AS 25.05.381 Definitions.
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In this chapter, (1) “bureau” means the Bureau of Vital Statistics; (2) “department” means the Department of Health; (3) “licensing officer” means the registrar or a local registrar; (4) “local registrar” means a person appointed by the state registrar under AS 18.50.080; (5) “re…
AS 25.05.391 Short title.
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This chapter may be cited as the Alaska Marriage Code.
AS 25.15.010 Property of one spouse not subject to contracts or liabilities of other.
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When property is owned by one spouse, the other has no interest that makes the property liable for the contracts or liabilities of the spouse who is not the owner of the property, except as provided in this chapter and AS 34.77.
AS 25.15.020 Actions between spouses respecting property.
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Subject to AS 34.77, if one spouse obtains possession or control of property belonging to the other, either before or after marriage, the owner of the property may maintain an action for it, or for any right growing out of it, in the same manner and to the same extent as if they …
AS 25.15.030 Validity of conveyance, transfer, or lien between spouses.
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A conveyance, transfer, or lien executed by one spouse to or in favor of the other is valid to the same extent as between other persons.
AS 25.15.040 Authority to act as attorney-in-fact for each other.
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A husband or wife may appoint the other as attorney-in-fact to control or dispose of property, and may revoke the appointment to the same extent and manner as other persons.
AS 25.15.050 Nonliability for premarital or separate debts of other.
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Subject to AS 34.77, neither spouse is liable for the debts or liabilities of the other incurred before marriage, and, except as otherwise provided, neither is liable for the separate debts of the other, nor is the rent or income of the property of one spouse liable for the separ…
AS 25.15.060 Control and liability of separate property of spouse.
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Subject to AS 34.77, the property and pecuniary rights of a married person at the time of marriage or afterwards that are acquired by gift, devise, or inheritance are not subject to the debts or contracts of the other spouse, and a spouse may manage, sell, convey, or devise the p…
AS 25.15.070 Property acquired during coverture by her own labor. [Repealed, § 95 ch 127 SLA 1974.]
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[Repealed or reserved.]
AS 25.15.080 Secs. 25.15.080 , 25.15.090. Husband's return as affecting actions to which wife a party; liability for civil injuries committed by married woman. [Repealed, §§ 96, 97 ch 127 SLA 1974.]
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[Repealed or reserved.]
AS 25.15.100 Married person may contract or incur liabilities.
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A married person may make contracts and may incur liabilities, and the contracts and liabilities may be enforced by or against the person to the same extent and in the same manner as if the person were unmarried.
AS 25.15.110 Laws imposing civil disabilities upon married persons repealed.
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All laws that impose or recognize civil disabilities upon a married person that are not imposed or recognized as existing as to the other spouse are repealed. For any unjust usurpation of property or natural rights a married person has the same right to appeal individually to all…
AS 25.20.010 Age of majority.
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A person is considered to have arrived at majority at the age of 18, and thereafter has control of the person's own actions and business and has all the rights and is subject to all the liabilities of citizens of full age, except as otherwise provided by statute.
AS 25.20.020 Arrival at majority upon marriage.
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A person arrives at the age of majority upon being married according to law.
AS 25.20.025 Examination and treatment of minors.
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(a) Except as prohibited under AS 18.16.010(a)(3), (1) a minor who is living apart from the minor's parents or legal guardian and who is managing the minor's own financial affairs, regardless of the source or extent of income, may give consent for medical and dental services for …
AS 25.20.030 Duty of parent and child to maintain each other.
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Each parent is bound to maintain the parent's children when poor and unable to work to maintain themselves. Each child is bound to maintain the child's parents in like circumstances.
AS 25.20.040 Maintenance and education of minor out of income of the minor's property.
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If a minor who has a parent living has property from which income is sufficient for maintenance and education in a manner more expensive than the parent can reasonably afford, considering the situation of the parent's family and all the circumstances of the case, the expenses of …
AS 25.20.045 Legitimacy of children conceived by artificial insemination.
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A child, born to a married woman by means of artificial insemination performed by a licensed physician and consented to in writing by both spouses, is considered for all purposes the natural and legitimate child of both spouses.
AS 25.20.050 Legitimation by subsequent marriage, acknowledgment in writing, or adjudication.
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(a) A child born out of wedlock is legitimated and considered the heir of the putative parent when (1) the putative parent subsequently marries the undisputed parent of the child; (2) for acknowledgments made before July 1, 1997, the putative parent acknowledges, in writing, bein…
AS 25.20.055 Early acknowledgement of paternity program.
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(a) When a birth occurs to an unmarried woman in a hospital or en route to a hospital to which the woman is later admitted, the hospital shall ensure that a staff member (1) meets with the woman before release from the hospital; (2) attempts to meet with the father of the unmarri…
AS 25.20.060 Petition for award of child custody.
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(a) If there is a dispute over child custody, either parent may petition the superior court for resolution of the matter under AS 25.20.060 — 25.20.130. The court shall award custody on the basis of the best interests of the child. In determining the best interests of the child, …
AS 25.20.061 Visitation in proceedings involving domestic violence.
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If visitation is awarded to a parent who has committed a crime involving domestic violence, against the other parent or a child of the two parents, within the five years preceding the award of visitation, the court may set conditions for the visitation, including (1) the transfer…
AS 25.20.065 Visitation rights of grandparent.
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(a) Except as provided in (b) of this section, a child's grandparent may petition the superior court for an order establishing reasonable rights of visitation between the grandparent and child if (1) the grandparent has established or attempted to establish ongoing personal conta…
AS 25.20.070 Temporary custody of the child.
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Unless it is shown to be detrimental to the welfare of the child considering the factors under AS 25.24.150(c), or unless the presumption under AS 25.24.150(g) is present, the child shall have, to the greatest degree practical, equal access to both parents during the time that th…
AS 25.20.080 Mediation of child custody matter.
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(a) Except as provided in (f) and (g) of this section, at any time within 30 days after a petition for child custody is filed under AS 25.20.060 the court may order the parties to submit to mediation. Each party has the right to challenge peremptorily one mediator appointed. (b) …
AS 25.20.090 Factors for consideration in awarding shared child custody.
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In determining whether to award shared custody of a child the court shall consider (1) the child's preference if the child is of sufficient age and capacity to form a preference; (2) the needs of the child; (3) the stability of the home environment likely to be offered by each pa…
AS 25.20.095 Custody and visitation proceedings involving a military parent; delegation of visitation.
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(a) In determining the availability of a parent for custody or visitation, if a parent is deployed or in a position where the parent may be deployed, the court shall take particular care to ensure that the child has the maximum opportunity, consistent with the best interests of t…
AS 25.20.100 Reasons for denial to be set out.
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If a parent or the guardian ad litem requests shared custody of a child and the court denies the request, the reasons for the denial shall be stated on the record.
AS 25.20.110 Modification of child custody or visitation.
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(a) An award of custody of a child or visitation with the child may be modified if the court determines that a change in circumstances requires the modification of the award and the modification is in the best interests of the child. If a parent opposes the modification of the aw…
AS 25.20.115 Attorney fee awards in custody and visitation matters.
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In an action to modify, vacate, or enforce that part of an order providing for custody of a child or visitation with a child, the court may, upon request of a party, award attorney fees and costs of the action. In awarding attorney fees and costs under this section, the court sha…
AS 25.20.120 Closure of custody proceedings and records.
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At any stage of a proceeding involving custody of a child the court may, if it is in the best interests of the child, close the proceeding to the public or order the court records closed to the public temporarily or permanently. The court may modify or vacate an order under this …
AS 25.20.130 Access to records of the child.
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A parent who is not granted custody under AS 25.20.060 — 25.20.130 has the same access to the medical, dental, school, and other records of the child as the custodial parent.
AS 25.20.140 Action for failure to permit visitation with minor child.
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(a) When a court order is specific as to when a custodian of a minor child must permit another person to have visitation with that child, and the custodian fails, wilfully and without just excuse, to permit visitation with the child in substantial conformance with the court order…
AS 25.23.005 Construction of chapter; rights of persons affected by adoption.
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This chapter shall be liberally construed to the end that the best interests of adopted children are promoted. Due regard shall be given to the rights of all persons affected by a child's adoption.