Everything to Know About Divorce in Alaska
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Alimony
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
Divorce in Alaska follows its own process—but it’s manageable if you understand the basics. This guide covers who can file, how long it takes, how property and custody are handled, and where to get help.
Prerequisites for divorce in Alaska
Residency requirements
You can file for divorce in Alaska if you are a resident or intend to stay as a resident. There is no minimum residency period, but you must file in the appropriate judicial district.
Waiting period
There is no mandatory waiting period after filing. However, finalizing a divorce depends on whether it’s contested or uncontested.
Grounds for divorce
Alaska is a no-fault state. The most common ground is an "incompatibility of temperament," meaning the marriage can't be saved.
How to file for divorce in Alaska
- File the petition: Submit the Complaint for Divorce at your local Superior Court.
- Serve your spouse: Use certified mail or a process server. Proof of service is required.
- Respond or default: Your spouse has 20 days to respond. If they don’t, the court may grant a default judgment.
- Uncontested vs. contested: If you agree on everything, you may not need a hearing. Otherwise, the court schedules a trial.
- Final decree: The court issues a final judgment once all matters are resolved.
Read more about filing for divorce in Alaska here
Cost of divorce & filing fees
Divorce filing fees in Alaska are usually around $250, plus additional costs for:
- Serving papers
- Mediation or custody evaluations
- Legal help if needed
You can apply for a fee waiver using a Request for Exemption form if you can't afford the cost.
Property, assets & debt division
Alaska is an equitable distribution state, but it also allows couples to opt into community property if they choose.
Courts divide marital assets and debts fairly, considering:
- Length of the marriage
- Each spouse’s earning potential
- Contributions to the marriage
- Health and age of each party
Separate property is not typically divided unless it was mixed with marital property.
Alimony (spousal support)
Alimony is not automatic; one spouse must request it and await the court's approval. The court may award support based on:
- Need vs. ability to pay
- Earning capacity
- Health, education, and work history
- Length of the marriage
Support can be short- or long-term, depending on circumstances.
Read more about how to agree on spousal support in Alaska here
Child support & custody in Alaska
Custody
Courts prioritize the best interest of the child, and may award:
- Joint legal and/or physical custody
- Sole custody with visitation for the other parent
Support
Child support is calculated using Alaska Civil Rule 90.3, which considers:
- Each parent’s income
- Number of children
- Shared custody percentage
Use the Alaska Child Support Calculator for estimates.
Military divorce in Alaska
Service members and their spouses can file in Alaska if stationed or residing there. Federal protections under the Servicemembers Civil Relief Act (SCRA) may apply to delay proceedings.
Legal separation and annulment
Legal separation: Alaska recognizes legal separation for couples who want to stay married but live apart.
Annulment: No annulment possible—but can "void" the marriage if you can prove one of the following:
- One of the parties is already married
- Parties are more closely related to each other than third cousins
- One was a minor and parents or guardian did not consent to the marriage
- Either party was of unsound mind
- Fraud re: consent
- Consent by force
- Failure to have sexual relations
Can you file for divorce online in Alaska?
Some forms can be downloaded online, but you must file paperwork at your local court. E-filing is limited and may not be available in all districts.
Forms and instructions: Alaska Court System – Divorce
After divorce: what happens next?
- Name change: Can be included in the divorce decree.
- Taxes: Update your filing status after the divorce is final.
- Modifications: File a motion to change custody or support if needed.
- Estate planning: Update wills, insurance, and retirement plans.
Legal help and divorce resources
- Alaska Court System – Self-Help Center
- Alaska Legal Services Corporation
- Alaska Child Support Services Division
- Alaska Bar Association – Lawyer Referral
Divorce in Alaska can be simple or complex depending on your circumstances. If kids, finances, or property are involved, getting legal guidance early is a smart move.
