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Alaska Divorce Law Continued

Alaska Divorce Law

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Child custody:

The court shall determine custody based upon the best interests of the child. In determining the best interests of the child, the court shall consider the following:

  • The physical, emotional, mental, religious and social needs of the child.
  • The capability and desire of each parent to meet these needs.
  • The child's preferences if the child is of sufficient age and capacity to form a preference.
  • The love and affection existing between the child and each parent.
  • The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
  • The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent.
  • Any evidence of domestic violence, child abuse or neglect.
  • Evidence of substance abuse.
  • Any other factors the court deems relevant. [Based on Alaska Statutes 25.24.150] Distribution of property:

    Alaska is an equitable distribution state, which means that the court will divide the marital property between the parties as it deems equitable and just, without regard to fault. Factors the court will consider in dividing the property include:

    1. The length of the marriage.
    2. The age and health of the parties.
    3. The earning capacity of the parties.
    4. The financial condition of the parties.
    5. The conduct of the parties, including whether there has been an unreasonable depletion of marital assets.
    6. The desirability of awarding the family home, or the right to live in it for a reasonable period of time to the party with custody of the child, if any.
    7. The circumstances and necessities of each party.
    8. The time and manner of acquisition of the property in question.
    9. The income producing capacity of the property and the value of the property at the time of division. [Based on Alaska Statutes 25.24.160]
    Child support:

    The court may order either or both parties to pay child support, in either lump sum or periodic payments. Alaska has established Child Support Guidelines which set the presumptive correct amount of child support. Deviation from these guidelines require a showing that application of the guidelines would result in a unjust result. [Based on Alaska Statutes 25.24.160]

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