Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Alaska Divorce Law
How long does divorce take in Alaska? An uncontested dissolution in Alaska can be finalized in as little as 30 days after filing, though most uncontested cases wrap up within 45 to 75 days depending on court scheduling. Contested divorces typically take 6 to 15 months or longer, depending on the complexity of property division, custody disputes, and the court calendar in your judicial district.
Understanding Alaska's Two Paths to Ending a Marriage
Alaska is unique among U.S. states in that it draws a formal distinction between a "divorce" and a "dissolution of marriage." Understanding which path applies to your situation is the single most important factor in predicting how long your divorce will take in Alaska.
A dissolution of marriage under AS 25.24.200 through AS 25.24.260 is available when both spouses agree on every issue, including property division, debt allocation, child custody, visitation, and support. Both parties jointly file a petition with the Superior Court. Because there is no dispute for the court to resolve, the divorce timeline is significantly shorter.
A divorce (sometimes called a contested divorce) under AS 25.24.050 is filed when the spouses cannot reach agreement. One spouse files a Complaint for Divorce, and the other spouse must be formally served. The contested process involves discovery, potential mediation, and possibly trial, all of which extend the divorce duration considerably.
Residency Requirements: No Minimum Waiting Period Before Filing
One of the most frequently asked questions involves residency. Alaska stands apart from most states by having no fixed minimum residency duration before a spouse may file for divorce. Under the interpretation of AS 25.24.090, you are generally considered an Alaska resident if you are physically present in Alaska at the time you file and you intend to remain in the state. Courts have interpreted this requirement as being "physically present/domiciled in the state with the intent to remain in the state indefinitely," as established in case law including Perito v. Perito, 756 P.2d 895 (Alaska 1988).
For military families, Alaska Statute AS 25.24.900 provides that a service member continuously stationed at a military base in Alaska for at least 30 days is considered a resident for the purposes of filing a divorce or dissolution case.
If neither spouse meets Alaska's residency requirement, the court may dismiss the case for lack of jurisdiction. Consult with an Alaska family law attorney if you have any doubt about your eligibility.
Grounds for Divorce in Alaska
Alaska allows both no-fault and fault-based grounds for divorce. Under AS 25.24.050, the statutory grounds include:
- Failure to consummate the marriage
- Adultery
- Conviction of a felony
- Willful desertion for one year
- Cruel and inhuman treatment calculated to impair health or endanger life
- Personal indignities rendering life burdensome
- Incompatibility of temperament
- Habitual gross drunkenness contracted since marriage and continuing for one year
- Incurable mental illness with institutional confinement for at least 18 months
- Addiction to habitual use of opium, morphine, cocaine, or a similar drug
The no-fault ground of "incompatibility of temperament" is by far the most commonly used. For a joint dissolution under AS 25.24.200, both spouses simply state that incompatibility of temperament has caused the irremediable breakdown of the marriage. Filing on no-fault grounds generally shortens the divorce timeline because neither party must gather evidence of misconduct.
The 30-Day Waiting Period
Alaska imposes a minimum 30-day waiting period between filing and finalization. According to the Alaska Court System, "you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final divorce decree." This applies even when both spouses agree on every issue and all paperwork is complete.
This waiting period serves as a cooling-off window and gives the court time to review the petition and accompanying documents. The 30-day clock begins on the date you file your petition or complaint with the Superior Court clerk.
How Long Does Divorce Take in Alaska: Detailed Timelines
The total divorce duration varies significantly based on whether your case is contested or uncontested.
Uncontested Dissolution Timeline (45 to 75 Days)
When both spouses agree on all issues, the process moves quickly:
- Day 1: File the joint Petition for Dissolution of Marriage and pay the filing fee
- Days 1 through 30: Mandatory 30-day waiting period
- Days 30 through 45: Court schedules and holds a brief hearing (typically about 15 minutes when children are involved)
- Days 45 through 75: Judge reviews the petition, signs the final decree
If there are no minor children, a hearing may not even be required, making the process even more streamlined. Couples who agree on everything and file a joint petition can sometimes have their decree signed shortly after the 30-day waiting period ends, cutting the timeline to as little as 30 to 45 days total.
Contested Divorce Timeline (6 to 15+ Months)
When spouses disagree, the process involves multiple stages:
- Weeks 1 through 2: File Complaint for Divorce and pay the filing fee
- Weeks 2 through 6: Serve the other spouse; they have 20 days to file an Answer
- Months 2 through 4: Discovery and financial disclosure (Rule 26.1 disclosures are typically exchanged within 45 days of the answer)
- Months 3 through 6: Temporary orders hearings for custody, support, or protective orders
- Months 4 through 8: Mediation (courts may order parties to attempt mediation under AS 25.24.060)
- Months 6 through 12: Pre-trial conferences, settlement negotiations
- Months 8 through 15+: Trial, if necessary, followed by the final decree
Complex cases involving significant assets, business valuations, retirement benefits requiring a QDRO, or high-conflict custody disputes can extend the divorce timeline well beyond 15 months.
Filing Fees and Court Costs
The filing fee for a divorce or dissolution case in Alaska is $250. As of February 2025. Verify with your local clerk. There is an additional $75 fee to file a Motion to Modify Child Custody, Visitation, Support, Spousal Maintenance, or Property Division after the initial case is opened.
If you cannot afford the filing fee, you may request a fee waiver by filing Form TF-920 (Request for Exemption from Payment of Fees) with your initial paperwork. The court will hold your complaint until a judge rules on the waiver request.
Additional costs may include:
- Process server or certified mail fees for service of process
- Attorney fees (Alaska divorce attorneys may charge $300 or more per hour)
- Mediation fees
- Appraisal and valuation costs for real property, businesses, or retirement accounts
- Guardian ad litem fees in contested custody cases
Property Division in Alaska
Alaska follows equitable distribution principles by default under AS 25.24.160. This means marital property is divided fairly but not necessarily equally. Courts use a three-step process known as the Wanberg analysis:
- Identify which property and debts are marital versus separate
- Assign a monetary value to each item
- Divide the property equitably based on statutory factors
The statutory factors under AS 25.24.160(a)(4) include:
- The length of the marriage and the standard of living during the marriage
- The age and health of each spouse
- Each spouse's earning capacity
- Each spouse's financial condition
- Either spouse's conduct during the marriage, including economic misconduct
- The desirability of awarding the family home to the custodial parent
- The income-producing capacity and value of property at the time of division
Alaska is also unique in offering an opt-in community property system under AS 34.77. Couples who executed a community property agreement or trust before or during their marriage may be subject to a 50/50 split for property covered by that agreement.
Property disputes are often the primary reason a contested divorce takes longer. When business valuations, retirement plan divisions, or real property appraisals are required, each step adds weeks or months to the process.
Child Custody and Support
When minor children are involved, the court must establish a parenting plan that addresses both legal and physical custody as well as visitation. Alaska courts determine custody based on the best interests of the child under AS 25.20.060 through AS 25.20.130.
Child support is calculated according to Alaska Civil Rule 90.3, which uses each parent's income and the custody arrangement to set a support amount. Both parents must exchange detailed financial information so the guideline can be properly applied.
Custody disputes are one of the most significant factors extending the divorce duration. Contested custody matters often require guardian ad litem appointments, custody evaluations, and multiple hearings before the court can issue a final order.
Spousal Support (Alimony)
Alaska courts may award spousal maintenance under AS 25.24.160(a)(2). Alimony is not automatic and is generally considered the exception rather than the rule. The court considers factors such as:
- The length of the marriage
- The standard of living established during the marriage
- The age and health of each spouse
- Each spouse's earning capacity and financial resources
Alaska courts often prefer to make an unequal property division in lieu of ongoing alimony. Spousal support disputes can add complexity and time to the divorce process.
Mediation in Alaska Divorce Cases
Under AS 25.24.060, either party may file a motion requesting mediation, or the court may order mediation on its own initiative if it determines that mediation may result in a more satisfactory settlement. Courts in Alaska strongly encourage settlement through mediation programs.
Mediation can help resolve disputes more quickly than trial, potentially trimming months from your divorce timeline. However, if mediation fails, the case proceeds to trial on the unresolved issues.
Step-by-Step: How to File for Divorce in Alaska
- Determine your path: If you and your spouse agree on all issues, file for dissolution. If not, file for divorce.
- Prepare your forms: Download the appropriate packet from the Alaska Court System Family Law Self-Help Center at courts.alaska.gov.
- File with the Superior Court: File your Complaint for Divorce or Petition for Dissolution in the Superior Court for your judicial district and pay the $250 filing fee.
- Serve your spouse (divorce cases only): Use certified mail, a process server, or another approved method. Your spouse has 20 days to respond.
- Exchange financial disclosures: Both sides must provide complete financial information, typically within 45 days of the answer in contested cases.
- Attend mediation or negotiate a settlement: The court may order mediation under AS 25.24.060.
- Attend your hearing or trial: Dissolution cases typically involve a brief hearing. Contested cases may require a full trial.
- Receive your final decree: The judge signs the Decree of Dissolution or Judgment of Divorce, legally ending your marriage.
Factors That Speed Up or Delay Your Alaska Divorce
Factors that shorten the divorce timeline:
- Both spouses agree on all issues (dissolution)
- No minor children involved
- Simple financial situation with few assets and debts
- Complete and properly prepared paperwork
- Willingness to compromise during mediation
Factors that extend the divorce duration:
- Contested custody disputes requiring evaluations
- Complex property, including businesses, real estate, and retirement accounts
- Discovery disputes or failure to provide financial disclosures
- Court scheduling backlogs in your judicial district
- Domestic violence allegations requiring protective orders
- Need for expert appraisals (real property, business valuation, pension analysis)