Family Law

Divorce	The central issues in a divorce are legal custody, physical custody and visitation, child support, division of marital property, spousal support, and attorney fees. back to top	For more information: Self Help Divorce Center
Legal Custody	Legal custody is the right of the parents to make significant decisions regarding the children (i.e. Will the child be allowed to enlist in the armed forces before the age of majority?, etc.). The Alaska Legislature has established a presumption that joint legal custody is best for the child. This means that both parents should consult each other when making significant decisions regarding the child's welfare. However, the courts will not grant joint legal custody unless the parties are able to honestly and openly communicate regarding the needs of their minor child. Therefore, it is important for the parents to cooperate with each other regarding their children, despite the personal differences which may have led to their divorce. back to top	For more information: Divorce Support
Physical Custody	Physical custody dictates where the child lives. If one parent has primary physical custody, the child will spend at least seventy percent of his/her overnights with that parent. If the parents have shared physical custody, the child spends less than seventy percent of his/her overnights with either parent. Sometimes, the court will allow a week on/ week off schedule. However, this is usually only in circumstances where the parties cooperate and both request this schedule. Most of the time, the court awards one parent primary physical custody and the other parent visitation. Once the children are six years of age, the typical schedule is every other weekend from Friday after school until Sunday at 7:00 p.m. and one or two weekday evenings per week from after school until 8:00 or 9:00 p.m. The courts usually divide summer visitation in half such that each parent has six weeks with the children. The courts also divide holidays in a similar fashion. For example, at Christmas, one parent has the first week of vacation, and the other parent has the second week of vacation. If the holiday is too short to divide, such as July 4th, one parent will get the holiday in one year, and the other parent will get the holiday the next year. In order to determine which parent should have primary physical custody, the courts consider factors outlined in Alaska Statute 25.24.150. back to top	For more information: DivorceOnline.com
Child Support	Child support can be calculated according to a primary physical custody arrangement or a shared physical custody arrangement. The difference is that under a primary physical custody arrangement the non-custodial parent will automatically pay a set percentage of their net income to the custodial parent as child support regardless of the custodial parent's income. Under a shared physical custody arrangement, the incomes of both parties will be used to determine the amount of child support. Child support is based on Alaska Rule of Civil Procedure 90.3. back to top	For more information: FindLaw Child Support Enforcement Division (AK)
Division of Marital Property	The division of marital property typically is a fifty-fifty division of all assets and debts acquired during the marriage regardless of which party acquired them or currently has them in their name. The court can vary from a fifty-fifty division depending on factors enumerated in Alaska Statute 25.24.160. Such as the length of the marriage, the incomes of the parties, their income earning abilities, etc. back to top	For more information: DivorceInfo.com
Spousal Support or Alimony	Alaska does not favor spousal support or alimony. Typically the courts will award a disadvantaged spouse a greater percent of the marital assets in lieu of spousal support or alimony. In situations where there are not enough marital assets, the court will award spousal support or alimony based upon the factors outlined in Alaska Statute 25.24.160 back to top	For more information: Divorce Money.Com
Attorney Fees	In a divorce case there are two types of attorney fees, interim attorney fees and final attorney fees. For both parties to be able to afford representation the court can order one party to provide attorney fees to the other party while the divorce is pending pursuant to Alaska Statute 25.24.140. This is usually the case when there is a great disparity in income between the parties and one party does not have enough income to afford an attorney. The court can also award attorney fees at the end of the case based upon similar criteria. In addition, if the court finds that one party unnecessarily and unreasonably increased the cost of litigation, it can award attorney fees to the other party. back to top
Dissolution	Dissolution is the same as divorce, except that it is a proceeding whereby the parties agree in advance as to how they wish to settle all the issues between them. The court provides forms at the Clerk of Court's office, so that parties can obtain a dissolution without hiring attorneys. The important thing to remember with a dissolution is that you are basically asking the court to approve your agreement. If you cannot agree on all the issues, you cannot obtain a dissolution. In a dissolution proceeding the court will not make a decision for the parties. They will only approve or disapprove your agreement. back to top	For more information: Dissolution Brochure
Adoption	There are basically two types of adoption: stepparent/family adoption and non-relative adoptions. The major difference between the two is that a home study is not necessary in a stepparent or family adoption and mandatory in a non-relative adoption. A home study is an independent investigation into your fitness to adopt a child. back to top	For more information: Adopt Adoption.com U.S. Adoption Law
Name Changes	Name changes are a relatively straight forward procedure, for which you can obtain forms from the Clerk of Court to do yourself. If you wish to change the name of your child, you will most likely need to hire an attorney. In order to change your child's name, you must have consent of both parents or demonstrate why the consent of one parent is not necessary. back to top	For more information: Nolo.Com
Paternity	There are two types of paternity actions: an action to establish paternity and an action to disestablish paternity. The critical factor in both cases is obtaining a paternity test. back to top	Family Support Division Paternity Guide for Unmarried Parents
Modification of Custody, Child Support or Visitation	Because of the court's ongoing concern regarding children, either party may move to modify custody, child support or visitation if their has been a substantial change in circumstances. It is critical that there is a substantial change in circumstances. If one does not exist, the court will not hear any evidence regarding modification. The court has instituted this rule in order to prevent disgruntled parties from repeatedly moving to modify custody or child support awards when there are no grounds for it. Once the moving party has demonstrated a substantial change in circumstances, they must prove that a modification is in the best interest of the minor children. The best interest of the minor children is determined according to Alaska Statute 25.24.150. back to top	For more information: DivorceNet

Last modified: July 24, 2000

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