Divorce Law in Fairbanks, AK
Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.
No one enters into a relationship thinking they’ll get divorced, but unfortunately, that’s where many relationships end. The statistics are pretty staggering. Over 50% of marriages end within the first year.
If you find yourself facing this problem, you don’t have to go through it alone. You can engage the services of experienced Fairbanks divorce lawyers to help you navigate these uncertain waters.
Issues Involved in Fairbanks, Alaska Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
Dividing Property
Dividing property, debts, and assets is often one of the most complex aspects of the divorce process. In many states, including , anything acquired during the marriage—such as real estate, bank accounts, vehicles, and investments—is considered marital property and is subject to division. This process can quickly become contentious, especially when high-value assets or significant debts are involved.
While some states divide marital property evenly, others follow an equitable distribution model. In equitable division states, the court considers each spouse’s financial and non-financial contributions to the marriage when determining how to allocate assets and debts. As a result, the final division may not be a 50/50 split but rather a division the court deems fair based on the circumstances.
Child Support
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.
Child support in Fairbanks is based upon a percentage of the income of the noncustodial parent, according to the Alaska State Legislature. And this percentage can increase depending on the number of children. However, if there’s shared custody of a child or children, then child support is based upon the amount of time that is spent with either parent.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Fairbanks, AK divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
The Alaska Courts state that there are only two types of alimony in the state. These are Rehabilitation Alimony and Reorientation Alimony.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
When seeking the terms of custody and visitation for a child in Fairbanks, the Alaska State Legislature is adamant that the best interest of the child or children must be put before the interests of the parents or guardians. When determining custody the courts will examine:
- The will of the child, depending on age
- Income of both parents
- The available time of both parents
- Disruption to the child’s life, such as moving schools or cities
Generally, Fairbanks, Alaska courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care, and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Fairbanks, Alaska
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
Residents of Fairbanks can file for a no-fault divorce. This means that you can simply list irreconcilable differences as a reason for ending the marriage.
Step 2: Request Temporary Orders
The divorce law process in Fairbanks can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts the service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Fairbanks, AK judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
Those wishing to file for divorce will do so with the Fairbanks Courts. If you find yourself in this position, you may wish to have an experienced Fairbanks attorney by your side.
Step 6: Receive the Judgment of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.
Work With an Experienced Fairbanks Divorce Lawyers
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Fairbanks divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Alaska state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with experienced Fairbanks divorce lawyers!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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