While getting divorced in Alaska is not necessarily a quick or emotionally easy, the legal process is much simpler than it used to be. In fact, divorce is less difficult to obtain than it was not so long ago.
Traditionally, to get divorced you had to have legal grounds to dissolve your marriage, and there were relatively few reasons the law considered valid grounds. In Alaska, grounds for divorce included:
· Willful desertion for at least one year
· Drug or alcohol addiction
· Conviction for a felony
· Mental illness
· Failure to consummate the marriage
· Cruelty or violence
· Confinement to an institution due to “incurable” mental illness for at least 18 months
· Incompatible temperament
Once you raised one or more of these grounds for divorce, you would need to prove your case in court just like any other civil trial. Imagine having to gather and present evidence in open court that your spouse is cheating on you, or is physically or sexually abusing you, and leaving it up to the judge to decide if you have proved that you are entitled to divorce.
The no-fault divorce revolution
As more and more states, including Alaska, introduced no-fault divorce into their matrimonial laws, divorce became much easier in the United States. As the name implies, “no-fault” divorce is a procedure in which neither party must prove by a preponderance of the evidence that the other has committed any of the old-fashioned grounds listed above. Instead, you simply assert incompatibility of temperament – in other words, your relationship cannot continue.
Talk to an Anchorage divorce attorney
This has helped millions of people trapped in bad marriages get out and move on with their lives. If you are considering divorce or have been served with divorce papers, you need an experienced divorce attorney to make sure you get a fair share of the marital property and parenting time.