A divorce may be granted according to Alaska divorce law for any of the following grounds:
- failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;
- conviction of a felony;
- willful desertion for a period of one year;
a. cruel and inhuman treatment calculated to impair health or endanger life;
b. personal indignities rendering life burdensome; or
c. incompatibility of temperament;
- habitual gross drunkenness contracted since marriage and continuing for one year prior to the commencement of the action;
- incurable mental illness when the spouse has been confined to an institution for a period of at least 18 months immediately preceding the commencement of the action; the status as to the support and maintenance of the mentally ill person is not altered in any way by the granting of the divorce, as per Alaska divorce law;
- addiction of either party, subsequent to the marriage, to the habitual use of opium, morphine, cocaine, or a similar drug.
Spouses may jointly petition for dissolution of marriage on the ground of incompatibility of temperament causing an irremediable breakdown of the marriage in Alaska divorce law, so long as they have agreed to property distribution, support, custody, and visitation.
In Alaska divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to an attorney. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.
You’ll need to provide your divorce lawyer with the following documentation, in order to proceed with your dissolution according to Alaska divorce law. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.
- Full addresses and phone numbers of both parties.
- Full names, birth dates, and addresses of all children of the marriage, their school, and grade.
- Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
- A copy of any domestic contracts (e.g. a prenuptial agreement).
- Information about any previous legal proceedings between the spouses or involving any of the children.
- Dates and particulars about any previous separations attempts at reconciliation, or marriage counseling.
- Your previous year’s income tax return, and any related data from the IRS.
- Information about your current income, e.g. a current payslip.
- A list of substantial assets and liabilities of both spouses.
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