When considering divorce in Alaska, understanding the various grounds available under state law is essential for making informed decisions about your case. Alaska divorce causes include both fault-based and no-fault options, each with distinct legal requirements and potential impacts on the divorce proceedings.
What are Main Causes for Divorce in Alaska?
Alaska law provides several recognized grounds that justify ending a marriage. These divorce causes range from simple incompatibility to serious misconduct, allowing courts to address various circumstances that lead to marital breakdown.
The choice of grounds can affect multiple aspects of your case, including how quickly proceedings move forward, whether the case becomes contested, and how certain decisions about property and children are made.
No-Fault Divorce
The most commonly used among Alaska divorce causes is incompatibility of temperament. This no-fault ground recognizes that marriages sometimes end simply because spouses cannot get along, without requiring anyone to prove wrongdoing.
Filing for divorce in Alaska on this ground means acknowledging that the marriage has broken down irretrievably due to fundamental differences between the spouses. This approach often leads to an uncontested divorce when both parties agree the marriage should end.
The advantage of choosing incompatibility of temperament is that it typically results in less contentious proceedings, as neither spouse needs to prove the other did something wrong.
Fault-Based Alaska Divorce Causes
While no-fault divorce is often preferred, Alaska divorce laws also recognize several fault-based grounds. These may be appropriate when specific misconduct has occurred or when the circumstances of the marital breakdown involve serious issues that could affect other aspects of the divorce case.
Adultery
Adultery serves as grounds for divorce when one spouse has engaged in extramarital affairs. However, proving adultery requires more than just an admission or suspicion. Alaska courts require substantial evidence of the extramarital relationship.
Several factors can complicate adultery-based divorce cases. If you continue living together as spouses after discovering the adultery, forgive your spouse, or wait more than two years to file for divorce, these circumstances may serve as defenses against the adultery claim.
Cruel and Inhuman Treatment
This ground covers behavior intended to harm your health or endanger your life, including domestic violence. Cruel and inhuman treatment can also include persistent humiliation that makes life unbearable.
The law recognizes both physical and emotional cruelty. Physical acts meant to cause harm clearly qualify, but psychological abuse that severely impacts your wellbeing can also constitute grounds for divorce under this category.
Criminal Conviction
When a spouse is convicted of a felony during the marriage, this provides grounds for divorce. The conviction must be for a serious crime that fundamentally damages the trust and stability necessary for marriage.
Desertion
Willful desertion for at least one year constitutes grounds for divorce. This means your spouse intentionally left the marriage and family home without justification and remained away for the required time period.
Desertion requires proof that the departure was voluntary and without your consent or encouragement.
Substance Abuse Grounds
Alaska recognizes that addiction can destroy marriages, providing specific grounds related to substance abuse.
Habitual Drunkenness
If your spouse developed a pattern of excessive drinking after your marriage and this behavior continued for at least one year before filing for divorce, habitual drunkenness serves as grounds.
The key requirements are that the drinking problem began during the marriage and persisted for the required time period before you initiated divorce proceedings.
Drug Addiction
Similar to alcohol abuse, addiction to drugs like opium, morphine, cocaine, or similar substances that began after marriage provides grounds for divorce. The addiction must have developed during the marriage and significantly impacted the relationship.
Mental Health Related Grounds
Incurable Mental Illness
When a spouse has been institutionalized for incurable mental illness for at least 18 months immediately before filing for divorce, this constitutes grounds. This provision recognizes that severe, untreatable mental illness can make continuing the marriage impossible.
It's important to note that obtaining a divorce on this ground doesn't affect any support obligations you may have toward your mentally ill spouse.
Failure to Consummate
Failure to consummate the marriage that continues from the wedding until you file for divorce represents another available ground. This addresses situations where the marriage was never fully established as a complete marital relationship.
How Grounds Affect Your Divorce Case
The choice among Alaska divorce causes can significantly impact various aspects of your proceedings:
Type of Grounds | Typical Process | Evidence Required | Potential Complications |
No-fault (incompatibility) | Usually smoother and faster | Minimal | Few, if any |
Adultery | May be contested | Substantial proof needed | Defenses available |
Abuse/cruelty | Often affects custody | Documentation helpful | May require protective orders |
Substance abuse | May impact support/custody | Medical or legal records | Treatment considerations |
Impact on Property Division
While Alaska generally follows equitable distribution regardless of fault, certain misconduct that wastes marital assets or causes financial harm may influence how property is divided.
Custody and Child Support Considerations
Some Alaska divorce causes, particularly those involving domestic violence, substance abuse, or mental health issues, can significantly affect decisions about custody and child support. Alaska courts always prioritize the best interests of children when making these determinations.
Timeline and Complexity
Choosing no-fault grounds typically results in faster, less expensive proceedings. Fault-based Alaska divorce causes often require gathering evidence and may lead to more contested proceedings that take longer to resolve.
Potential Defenses
Alaska divorce laws recognize several defenses that may be raised against fault-based grounds:
Forgiveness
If you expressly forgave your spouse for misconduct and continued the marriage, this can serve as a defense against using that behavior as grounds for divorce.
Timing Issues
Some grounds have time limitations. For example, waiting too long after discovering adultery may prevent you from using it as grounds for divorce.
Provocation
In some situations, if your behavior provoked your spouse's misconduct, this might serve as a defense against certain grounds.
Practical Considerations When Filing
When deciding which Alaska divorce causes to pursue, consider these practical factors:
Evidence Requirements
Fault-based grounds require proof. Consider what evidence you have available and whether you can realistically establish the misconduct you're alleging.
Your Goals
Think about what you hope to achieve in your divorce. If you want a quick, amicable resolution, no-fault grounds may serve you better. If misconduct has affected your finances or you're concerned about child custody, fault-based grounds might be necessary.
Legal Representation
Complex cases involving fault-based Alaska divorce causes often benefit from experienced legal representation. Alaska divorce attorneys understand how different grounds may affect your case and can help you choose the most strategic approach.
Costs and Time
Fault-based divorces typically cost more and take longer than no-fault cases. Consider whether the potential benefits justify the additional expense and time.
Residency Requirements
Before filing for divorce in Alaska on any grounds, you must meet the state's residency requirements. Either you or your spouse must be an Alaska resident with the intent to remain indefinitely. Unlike many states, Alaska doesn't specify a minimum time period for residency.
If you have children, additional jurisdictional requirements may apply, typically requiring six months of residence before filing for divorce to establish proper jurisdiction over custody and child support matters.