Divorce Law in Juneau, AK
Are you anxious about how much your divorce in Juneau will cost? According to The Ascent, most divorces run an average of $12,900.
Beyond these financial losses, the emotional stresses can add up quickly. The legal termination of a marriage in Juneau can be complex, lengthy, and excruciating. As a result, it can be difficult not to make a mistake when you try to resolve it by yourself.
Hiring legal representation can be in your best long-term interests. Therefore, use the time you take to read this guide to take a few deep breaths and consider the possibilities.
Issues Involved in Juneau, 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
One of the most challenging issues in the divorce law process is the division of property, debts, and assets. In many states, like Alaska, anything you and your spouse purchased over your marriage is subject to division.
Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs contributions to the marriage and uses that information to decide the disposition of property. The final judgment may not equate to a perfect 50/50 division of your property, debt, and other assets.
Child Support
Both parents are responsible for paying for the care of their children. Child support guidelines determine how much parents should contribute based on income and time spent with the children. This money goes toward parting for basic needs like healthcare, food, and clothing.
The amount a parent in Juneau must pay depends on complex state legislation. Accordingly, the Child Support Services Division offers a guideline calculator.
It is also noteworthy that missing payments can result in felony charges. This legal jeopardy applies when you miss more than one year of payments or owe above $5,000.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Juneau, 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 Court System has two types of alimony they can order for divorces in Juneau. They may judge that rehabilitation support for your spouse to attend school or job training is necessary. Alternatively, reorientation support lasts until they settle into new living arrangements.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to remember is that the court bases all decisions on a child’s best interests. Keeping this in mind may help navigate the rough waters of custody.
Alaska Statutes define what criteria a court in Juneau uses to identify the best interests of a child. A few of the most important considerations are:
- Evidence of substance abuse
- A history of abuse or domestic violence
- Existing love and affection between the child and their parents
- Capability of the parent to meet emotional, physical, religious, social, and mental needs
Generally, Juneau, Alaska courts award joint custody to parents who get along well enough to make decisions together. The mother and father will have an equal legal right to make choices about 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. Similarly, sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Juneau, 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. Divorce in Juneau can be either a fault or no-fault legal proceeding currently.
Step 2: Request Temporary Orders
The divorce law process in Juneau can take several months. But your attorney can request that can receive approval for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
You need to request temporary orders quickly to ensure you have the necessary resources from the start.
Step 3: Serve Your Spouse and Wait for Their Response
If you file the 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, they must fill out an affidavit to verify that. However, in many cases, the petitioner must hire a process server or sheriff to complete a legally sound service of the petition.
Step 4: Try To Come to an Agreement
The ideal outcome for anyone navigating divorce is an uncontested agreement, where both spouses resolve all issues collaboratively.
This agreement can be reached directly between the spouses or with the assistance of a mediator. Not only does this approach save money for both parties, but it also reduces conflict and fosters a more amicable resolution.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Juneau, AK judge. There is some benefit to having a judge hand down orders. However, it may also be a detriment due to a lack of control over the arrangement they order.
Your circumstances may vary as to what judiciary takes your suit. However, most cases go through the state courthouse in Juneau.
Step 6: Receive the Judgment of Divorce
The divorce law trial will end with the official judgment that ends the marriage. The marriage dissolution will detail the property and debt division, child custody, and all other relevant issues.
Work With an Experienced Juneau, Alaska Divorce Law Attorney
If you are going through a divorce in Alaska and cannot reach an agreement with your partner, you should hire an experienced Juneau 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 speak with an experienced lawyer in your area!
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.
