Complete Guide to Divorce in Alaska (2026)

By Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Alaska Divorce Law

Alaska is one of the most accessible states in the nation for filing a divorce. There is no minimum residency duration requirement — you simply must be present in Alaska with the intent to remain. The filing fee is $250, and the mandatory waiting period before finalization is just 30 days. Alaska uses equitable distribution for property division by default but uniquely allows couples to opt into community property treatment. Uncontested cases typically resolve in 45 to 90 days.

Overview of Divorce in Alaska

Divorce in Alaska is governed by Alaska Statutes Title 25, Chapter 24 (AS 25.24), which covers everything from grounds for divorce to property division and child custody. Alaska stands apart from other U.S. states in several notable ways that make its divorce system distinctive and, in many respects, more accessible.

The Alaska Court System provides extensive self-help resources through its Family Law Self-Help Center, including all required forms, instructional videos, and step-by-step guides for individuals representing themselves.

Here are the key facts you need to know at a glance:

• Filing Fee: $250 (As of February 2026. Verify with your local clerk.)
• Residency Requirement: No minimum duration — must be physically present with intent to remain
• Waiting Period: 30 days minimum from filing to final decree
• Grounds: Both no-fault (incompatibility of temperament) and fault-based grounds available
• Property Division: Equitable distribution by default; opt-in community property available
• Child Support: Governed by Civil Rule 90.3 (income percentage model)

Residency Requirements

One of the most distinctive features of divorce in Alaska is its exceptionally lenient residency requirement. Unlike most states that mandate 60 to 180 days of established residency before filing, Alaska imposes no minimum time period.

Under AS 25.24.090, either you or your spouse must simply be an Alaska resident at the time you file your divorce papers. Courts have interpreted residency as being physically present in the state with the intent to remain indefinitely and to make a home in Alaska. The landmark case Perito v. Perito, 756 P.2d 895 (Alaska 1988) helped clarify this standard, citing the earlier Adams v. Adams, 522 P.2d 1125 (Alaska 1974).

There are important jurisdictional limitations to be aware of:

• Children must have lived in Alaska for at least six months before the court can enter a parenting plan or custody order (subject to limited exceptions).
• If your spouse has not lived with you in Alaska for six months within the last six years, the court may lack authority to divide marital property and debt.
• Property located outside Alaska may be beyond the court's enforcement power.

Military members receive special accommodation under AS 25.24.900. If you are serving in the military and continuously stationed at an Alaska base for at least 30 days, you are considered an Alaska resident for divorce filing purposes. Military families also have three venue options: the state where the member is stationed, the state where the member's spouse resides, or the state where the member claims legal residency.

Grounds for Divorce

Alaska recognizes both no-fault and fault-based grounds for divorce under AS 25.24.050.

The no-fault ground is "incompatibility of temperament," which simply means that the marriage has broken down and cannot be repaired. This is by far the most commonly cited ground and does not require either spouse to prove wrongdoing.

Fault-based grounds under AS 25.24.050 include:

• Failure to consummate the marriage at the time of the marriage, continuing to the time of filing
• Adultery
• Conviction of a felony
• Willful desertion for one year
• Cruel and inhuman treatment calculated to impair health or endanger life, including domestic violence
• Personal indignities rendering life burdensome
• Habitual gross drunkenness contracted after marriage and continuing for one year before filing
• Incurable mental illness with institutional confinement for at least 18 months immediately before filing
• Addiction to opium, morphine, cocaine, or a similar drug contracted after marriage

It is important to note that filing on fault grounds generally makes the divorce more contentious, more expensive, and less likely to settle efficiently. Alaska does not consider marital fault when dividing property, so fault-based filing rarely provides a strategic advantage.

For uncontested dissolutions, spouses simply state under AS 25.24.200 that their marriage has broken down and that they no longer wish to be married. No specific grounds need be alleged beyond that.

Types of Divorce: Contested vs. Uncontested (Dissolution)

Alaska provides two distinct pathways for ending a marriage, each with its own forms and procedures.

Uncontested Dissolution: When both spouses agree on all issues — property division, debt allocation, child custody, child support, and spousal support — they may file a joint Petition for Dissolution of Marriage. This is the simpler and faster path. Both spouses file together using Packet DR-2 (with children) or DR-1 (without children). After the mandatory 30-day waiting period, a brief hearing confirms the agreement meets statutory requirements, and the court enters a decree.

Contested Divorce: When spouses disagree on one or more material issues, one spouse files a Complaint for Divorce, which must then be served on the other spouse. The responding spouse has the opportunity to file an answer and counterclaim. The case then proceeds through discovery, potential mediation, and — if settlement is not reached — trial. Contested divorces are considerably more expensive and time-consuming.

Alaska also offers a legal separation option under AS 25.24.400-460 for couples who wish to formalize their separation without ending the marriage. This may be appropriate when maintaining married status preserves significant legal, financial, social, or religious interests.

A notable innovation in Alaska's court system is the availability of informal trials in certain family law cases, which can reduce costs and streamline contested proceedings.

Property Division Rules

Alaska has a unique hybrid property system that makes it unlike any other state in the nation. By default, Alaska follows equitable distribution principles under AS 25.24.160. However, it is also one of only a handful of states that allows spouses to opt into community property treatment through a written Community Property Agreement or Community Property Trust under AS 34.77.

Under the default equitable distribution system, Alaska courts follow the Wanberg analysis — a three-step process established by state case law:

1. Identify all property and debt subject to division
2. Assign a monetary value to each asset and liability
3. Distribute the property equitably (fairly, but not necessarily equally)

The governing statute, AS 25.24.160(a)(4), directs courts to divide marital property "in a just manner and without regard to which of the parties is in fault." Critically, the court may also "invade the property of either spouse acquired before marriage when the balancing of the equities between the parties requires it."

Factors the court considers under AS 25.24.160(a)(4)(A)-(I) include:

• Length of the marriage and station in life during the marriage
• Age and health of the parties
• Earning capacity of each spouse, including education, training, work experience, and time absent from the job market
• Financial condition of each spouse, including availability and cost of health insurance
• Conduct of the parties, including unreasonable depletion of marital assets
• Desirability of awarding the family home to the parent with primary physical custody
• Time needed for either party to acquire education or training for suitable employment
• Whether property was acquired before or during the marriage
• Income-producing capacity and value of property at the time of division

A unique provision under AS 25.24.160(a)(5) also addresses pet ownership: the court may award ownership or joint ownership of an animal, taking into consideration the well-being of the animal.

If spouses have executed a valid Community Property Agreement under AS 34.77, the court divides that property according to the agreement's terms. If the agreement does not specify a division method, the court distributes community property "as shall appear just and equitable."

A Domestic Relations Standing Order automatically takes effect upon filing of the divorce case, prohibiting both parties from disposing of marital property (except for necessities), removing children from Alaska, or canceling insurance coverage.

Child Custody and Visitation

Alaska's child custody framework is governed primarily by AS 25.24.150 and AS 25.20.060-130. The overriding standard for all custody determinations is the best interests of the child.

Alaska recognizes both legal custody (decision-making authority regarding the child's health, education, and welfare) and physical custody (where the child resides). Either or both may be awarded solely to one parent or shared between both parents.

Under AS 25.24.150(c), the court considers the following best interest factors:

• The physical, emotional, mental, religious, and social needs of the child
• The capability and desire of each parent to meet those needs
• The child's preference, if the child is of sufficient age and capacity to form a preference
• The love and affection between the child and each parent
• The length of time the child has lived in a stable environment and the desirability of maintaining continuity
• The willingness and ability of each parent to facilitate a close relationship between the child and the other parent
• Any evidence of domestic violence, child abuse, or child neglect
• Evidence of substance abuse by either parent or household members
• Other factors the court considers pertinent

Alaska law presumes it is in the child's best interests to maintain an ongoing relationship with both parents. When shared custody is not ordered, the court creates a parenting time (visitation) schedule for the noncustodial parent.

There is a rebuttable presumption under AS 25.24.150(g) that a parent with a history of perpetrating domestic violence should not be awarded sole or joint custody (legal or physical). A parent has a "history" of domestic violence if the court finds either a single incident causing serious physical injury or more than one incident of domestic violence.

Alaska courts may order mediation if parents have not reached a custody agreement by the time of filing. The state's parenting plan dispute resolution program provides court-funded mediation for a certain number of hours.

For military families, AS 25.20.095 provides specific protections: a deployed parent loses no custodial rights upon deployment, may delegate visitation rights to a qualified family member, and the court may not consider a parent's activation to military service when determining best interests.

Notably, under AS 25.20.140, if a parent fails without cause to permit court-ordered visitation, the other parent may recover damages of $200 per occurrence.

Child Support Guidelines

Child support in Alaska is calculated under Civil Rule 90.3, which uses an income-based percentage model. The Alaska Supreme Court established these guidelines, and they presumptively apply to all child support awards.

For primary physical custody arrangements, child support is calculated as a percentage of the noncustodial parent's adjusted annual income:

• 1 child: 20%
• 2 children: 27%
• 3 children: 33%

"Adjusted annual income" means total income from all sources minus allowable deductions. Income is interpreted broadly and includes wages, salaries, bonuses, rental income, dividends, retirement distributions, military housing allowances (BAH/BAS), the Alaska Permanent Fund Dividend, and spousal support received. It does not include need-based public benefits such as ATAP, SSI, or food stamps.

Allowable deductions include:

• Federal, state, and local income taxes
• Social Security and Medicare taxes
• Mandatory union dues and retirement contributions
• Voluntary retirement contributions (up to 7.5% of gross wages when combined with mandatory contributions)
• Child support and spousal support paid in other cases
• Work-related childcare expenses for children in the case

For shared physical custody (where the child resides with each parent between 30% and 70% of overnights), a different calculation applies that accounts for both parents' incomes and the time-sharing arrangement.

Deviation from the guideline amount is uncommon and permitted only when specific legal standards are met — for example, when the calculated amount would be manifestly unjust.

Each parent must file a sworn Child Support Guidelines Affidavit (Form DR-305) with documentation verifying income and deductions.

Spousal Support (Alimony)

In Alaska, alimony is referred to as "spousal support" or "spousal maintenance." Under AS 25.24.160(a)(2), the court may order one spouse to pay support to the other, but Alaska courts have historically preferred to divide property unequally rather than award ongoing alimony.

There is no formula for calculating spousal support in Alaska. The judge has broad discretion, guided by the statutory factors under AS 25.24.160(a)(2):

• Length of the marriage and station in life during the marriage
• Age and health of the parties
• Earning capacity of each spouse, including educational background, training, employment skills, work experience, and time absent from the job market
• Financial condition of each spouse, including availability and cost of health insurance
• Conduct of the parties, including unreasonable depletion of marital assets
• The property division awarded in the case
• Any other relevant factor

Alaska courts recognize three primary types of spousal support:

• Temporary Support: Financial assistance during the divorce proceedings to maintain status quo
• Rehabilitative Support: Payments to fund education, job training, or skill acquisition so the recipient can become self-supporting; the recipient must present a specific employment goal and plan
• Reorientation (Transitional) Support: Payments to help the disadvantaged spouse transition from their married standard of living to post-divorce financial independence

Permanent alimony is rare in Alaska and typically reserved for long-term marriages where a spouse cannot achieve self-sufficiency due to age, health, or long-term economic dependency. It generally terminates upon the recipient's remarriage.

Spousal support orders may be modified upon a showing of a substantial change in circumstances under AS 25.24.170.

The Filing and Court Process Step by Step

The divorce process in Alaska follows a structured sequence, whether you are pursuing an uncontested dissolution or a contested divorce.

For an Uncontested Dissolution:

1. Complete Parent Education Requirement: Most courts require parents to view an approved video or complete an online class before filing.
2. Prepare Forms: Complete the Petition for Dissolution of Marriage and all required attachments using the appropriate packet (DR-1 for no children; DR-2 for cases with children). Include the Certificate of Divorce, Dissolution or Annulment (VS-401), Child Support Guidelines Affidavit (DR-305 if children are involved), and a detailed parenting plan.
3. File with the Superior Court: Submit your completed paperwork to the Superior Court Clerk in the appropriate judicial district and pay the $250 filing fee. If you cannot afford the fee, file form TF-920 (Exemption From Payment of Fees) to request a waiver.
4. Wait 30 Days: The mandatory waiting period begins on the filing date.
5. Attend the Dissolution Hearing: A brief hearing, which may be conducted by telephone in some circumstances, confirms that both parties understand and agree to the terms and that the agreement meets statutory requirements.
6. Receive Decree: If the judge approves the agreement, a Decree of Dissolution is entered, legally ending the marriage.

For a Contested Divorce:

1. Prepare and File the Complaint for Divorce: One spouse files the Complaint with the Superior Court and pays the filing fee.
2. Serve the Other Spouse: The Complaint must be served on the other spouse via certified mail (restricted delivery) or licensed process server. Service must be attempted within 120 days or the case risks dismissal.
3. Response Period: The served spouse has 20 days (if served in Alaska) or 30 days (if served outside Alaska) to file an Answer and any Counterclaim.
4. Standing Order Takes Effect: A Domestic Relations Standing Order automatically issues upon service, restricting both parties from disposing of assets, removing children from the state, or altering insurance.
5. Financial Disclosure: Both parties must exchange financial disclosures under Civil Rule 26.1 within 45 days of the answer.
6. Mediation and Settlement Efforts: The court strongly encourages — and may order — mediation to resolve disputes before trial.
7. Discovery: If needed, parties may use interrogatories, depositions, and document requests to gather additional information.
8. Trial: If settlement is not possible, the court holds a trial where both sides present evidence and arguments. The judge makes final determinations on all unresolved issues.
9. Decree of Divorce: The court enters a final decree addressing property division, custody, support, and all other issues.

Timeline from Filing to Final Decree

The timeline for completing a divorce in Alaska varies significantly depending on the type of case:

• Uncontested Dissolution: Typically 45 to 75 days from filing, depending on court scheduling. The 30-day minimum waiting period applies.
• Contested Divorce (moderate complexity): 6 to 15 months, depending on the issues involved and the court calendar.
• Highly contested cases: 12 to 18 months or longer, particularly when complex property division, business valuation, custody disputes, or expert testimony is involved.

Factors that can extend timelines include military deployment (the Servicemembers Civil Relief Act allows active duty members to request stays of proceedings), the need for Qualified Domestic Relations Orders (QDROs) for retirement division, and the complexity of financial discovery.

Costs Breakdown

The total cost of a divorce in Alaska depends heavily on the level of conflict and complexity involved.

• Court Filing Fee: $250 (As of February 2026. Verify with your local clerk.)
• Motion Filing Fee: $75 per motion (for modifications of custody, visitation, support, or property division)
• Process Server / Service Costs: $50 to $200 depending on location and method
• Online Document Preparation Services: $150 to $300 for uncontested cases
• Attorney Fees: Vary widely; Alaska family law attorneys may charge $300 to $600+ per hour
• Mediation Costs: Court-sponsored mediation may be free for a limited number of hours; private mediation varies
• QDRO Preparation: $500 to $1,500 for dividing retirement benefits
• Expert Appraisals: Variable costs for real estate appraisals, business valuations, and pension evaluations
• Trial Costs: $5,000 to $15,000 in preparation alone, plus $2,000 to $5,000 per trial day

For a DIY uncontested dissolution where both spouses cooperate, total out-of-pocket costs may be as low as $250 to $500 (filing fee plus minor document costs). Contested cases with attorneys can range from $5,000 to $50,000 or more.

Alaska law allows courts to order one party to contribute to the other's attorney fees based on the economic circumstances of the parties during the divorce.

What Makes Divorce in Alaska Unique

Several features distinguish Alaska from other U.S. states when it comes to divorce law:

• No Minimum Residency Duration: Alaska is one of very few states with no specific time requirement for residency before filing. You simply need to be physically present with the intent to remain.
• Opt-In Community Property: Alaska is the only state that defaults to equitable distribution while simultaneously allowing couples to opt into community property treatment via written agreement under AS 34.77. This hybrid system is nationally unique.
• Dual Filing Pathways: Alaska provides separate procedural tracks for uncontested cases (dissolution) and contested cases (divorce), each with tailored forms and streamlined procedures.
• Military-Friendly Provisions: With major installations including Joint Base Elmendorf-Richardson, Fort Wainwright, and Coast Guard Base Kodiak, Alaska has robust protections for military families, including expedited custody provisions for deployed parents.
• Pet Custody Provision: Under AS 25.24.160(a)(5), Alaska courts may consider the well-being of an animal when determining ownership — a progressive provision not found in most states.
• Invasion of Separate Property: Unlike many equitable distribution states, Alaska courts may "invade" premarital property when equity requires it, giving judges unusually broad discretion.
• Automatic Standing Orders: Filing a divorce automatically triggers a Domestic Relations Standing Order that prohibits asset dissipation, child removal, and insurance changes.
• Permanent Fund Dividend: Alaska's unique PFD is counted as income for child support purposes under Civil Rule 90.3.

Frequently Asked Questions

How long do I have to live in Alaska before I can file for divorce?

Alaska has no minimum residency duration requirement. Under AS 25.24.090, you or your spouse must simply be a resident of Alaska at the time you file. Courts interpret this as being physically present in Alaska with the intent to remain indefinitely. Military members stationed continuously in Alaska for at least 30 days are automatically considered residents under AS 25.24.900. This makes Alaska one of the most accessible states for filing a divorce in the entire country.

What is the difference between a dissolution and a divorce in Alaska?

In Alaska, a dissolution is the procedure used when both spouses agree on all issues — property division, debt, custody, child support, and spousal support. Both spouses file a joint petition together. A divorce is the procedure used when the spouses disagree on one or more issues. One spouse files a complaint, and the other spouse is served. Both processes legally end the marriage and have the same legal effect once a decree is entered. Dissolution is faster, simpler, and less expensive. If spouses initially file for dissolution but later disagree, the court can convert the case to a divorce.

How is property divided in an Alaska divorce?

Alaska uses equitable distribution by default under AS 25.24.160, meaning marital property is divided fairly but not necessarily equally. The court follows a three-step Wanberg analysis: identify all property and debt, assign values, and distribute equitably. Factors include the length of marriage, each spouse's earning capacity, financial condition, and conduct. Uniquely, Alaska also allows couples to opt into community property treatment through a written agreement under AS 34.77. The court can also "invade" premarital property when balancing the equities requires it.

How is child support calculated in Alaska?

Child support in Alaska is governed by Civil Rule 90.3 and calculated as a percentage of the noncustodial parent's adjusted annual income: 20% for one child, 27% for two children, and 33% for three children. Income is broadly defined and includes wages, bonuses, military housing allowances, the Permanent Fund Dividend, and more. Needs-based benefits like SSI and ATAP are excluded. Deductions include taxes, mandatory retirement contributions, and voluntary retirement contributions up to 7.5% of gross income. For shared custody arrangements, both parents' incomes and time-sharing percentages are factored into the calculation.

Can I get alimony (spousal support) in Alaska?

Yes, but Alaska courts tend to prefer dividing property unequally rather than awarding ongoing alimony. When spousal support is awarded, it is governed by AS 25.24.160(a)(2) and may take the form of temporary support (during the divorce process), rehabilitative support (to fund education or training for self-sufficiency), or reorientation support (transitional payments to adjust to a reduced standard of living). Permanent alimony is rare and typically reserved for long-term marriages where self-sufficiency is not achievable. There is no formula — the judge has broad discretion based on statutory factors.

What happens if my spouse refuses to sign the divorce papers?

Your spouse cannot prevent you from getting a divorce in Alaska. If your spouse will not agree to a dissolution, you can file for divorce instead. Under this procedure, you file a Complaint for Divorce and have your spouse served. If your spouse fails to respond after being properly served, the court can enter a default judgment. If your spouse actively contests the divorce, the case will proceed through the contested divorce process — but even if your spouse is "entirely opposed to ending the marriage," Alaska's no-fault grounds allow the court to grant the divorce based on incompatibility of temperament.

How long does a divorce take in Alaska?

The minimum waiting period is 30 days from filing. Uncontested dissolutions typically take 45 to 75 days total, depending on court scheduling. Contested divorces generally take 6 to 15 months, and highly complex cases can extend to 18 months or longer. Factors that influence timeline include the number of unresolved issues, whether mediation is successful, court backlogs, military deployment considerations, and the need for expert appraisals or QDROs for retirement division.

Do I need to appear in court for an Alaska divorce?

For an uncontested dissolution, a brief hearing is required to confirm the agreement. However, Alaska courts may allow one or both parties to appear by telephone if travel to the courthouse is impractical — particularly for parties who live more than 50 miles from the courthouse or are not on the road system. You must file a Motion to Appear by Telephone (form SHC-1340 or SHC-1342) and obtain the judge's permission. For contested divorces, trial appearances are generally required in person, though telephonic and video participation may be available in certain circumstances.

Can I change my name as part of the divorce?

Yes. Under AS 25.24.165, either party may request a name change as part of the divorce or dissolution decree. You may restore a prior name (such as a maiden name) or request authorization for a new name. If a new name is requested rather than restoration of a prior name, additional legal requirements may apply and court approval is necessary. If the court approves a new name, the party must publish notice in a newspaper of general circulation in the judicial district within 10 days after the judgment is issued.

What resources are available for self-represented individuals?

The Alaska Court System provides extensive free resources through its Family Law Self-Help Center. All forms are available for download at no cost. The court system also offers instructional videos on topics including child support, property division, spousal support, and courtroom behavior. Alaska is also rolling out TrueFiling e-filing statewide through 2026, which will allow electronic submission of documents. Additionally, AlaskaLawHelp.org provides free legal information, and the court's mediation program offers court-funded hours for custody and parenting disputes.

How are custody orders modified after a divorce in Alaska?

Under AS 25.20.110, a custody or visitation order may be modified if the court finds a change in circumstances that requires modification and that the modification is in the child's best interests. You must file a Motion to Modify (the filing fee is $75). The court will consider the same best interest factors used in the original determination under AS 25.24.150(c). Certain events — such as a parent committing a domestic violence crime or a parent relocating out of state with the child — are automatically considered changes in circumstances. Courts will also consider each parent's compliance with child support obligations.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Divorce laws and procedures are complex and vary by individual circumstances. For advice specific to your situation, consult with a qualified Alaska family law attorney. Court fees and procedures are subject to change — always verify current information with the Alaska Court System or your local clerk of court.