Alaska uses unique terminology for ending marriages: "dissolution" for uncontested cases and "divorce" for contested ones. Both require "incompatibility of temperament" as the legal ground. With a $250 filing fee and 30-day minimum waiting period, an uncontested dissolution typically costs $250-$3,000 and takes 1-3 months. Contested divorces can reach $15,000-$30,000 and extend 6-12 months through Alaska's Superior Court system. Choosing wisely can help you save money on divorce.
Understanding Alaska Divorce Requirements
Before ending your marriage in Alaska, you must establish residency. Under Alaska law, either you or your spouse must be a resident of Alaska—meaning you currently live in Alaska and intend to remain. Military members stationed in Alaska for at least 30 days qualify as residents.
Alaska recognizes "incompatibility of temperament" as the primary ground for both dissolution and divorce under AS 25.24.050. This no-fault ground means the marriage has broken down irretrievably. Alaska also permits fault-based grounds including adultery, cruel treatment, and conviction of a felony.
Dissolution: Alaska's Uncontested Path
In Alaska, when both spouses agree on all issues, they file jointly for a "dissolution of marriage" rather than a divorce. Under AS 25.24.200, both spouses petition together, stating that incompatibility of temperament has caused the irremediable breakdown of their marriage.
Dissolution Requirements
To qualify for dissolution, both spouses must agree on all major issues:
- Division of all property and debts
- Spousal support (maintenance) arrangements
- Child custody and parenting plans
- Child support calculations
Dissolution Costs and Timeline
- Filing fee: $250 (fee waiver available)
- 30-day minimum waiting period
- Timeline: 30-90 days typical for agreed cases
- Total cost range: $250-$3,000 with attorney assistance
Divorce: When Agreement Isn't Possible
When spouses cannot agree on all issues, one spouse files a "Complaint for Divorce" as the plaintiff. The other spouse becomes the defendant and must respond within 20 days. Contested divorces proceed through discovery, potential mediation, and if necessary, trial.
Common Contested Issues
- Property division: Alaska is an equitable distribution state—assets are divided fairly, not necessarily equally
- Child custody: Courts prioritize the child's best interests
- Child support: Calculated using Alaska's Civil Rule 90.3 guidelines
- Spousal maintenance: Based on need and ability to pay
Court-Ordered Mediation
Alaska courts frequently order mediation in contested cases. Either spouse may request mediation within 45 days after the defendant files an answer, or the judge may order it at any time. Mediation helps many couples resolve disputes without trial, saving time and money.
Contested Divorce Costs and Timeline
- Filing fee: $250
- Attorney fees: $10,000-$25,000+ depending on complexity
- Mediation fees: Varies by mediator
- Timeline: 6-12 months typical for contested cases
Alaska Divorce Cost Comparison
| Factor | Dissolution | Contested Divorce |
|---|---|---|
| Filing Fee | $250 | $250 |
| Attorney Fees | $0-$2,500 | $10,000-$25,000+ |
| Timeline | 30-90 days | 6-12 months |
| Total Cost Range | $250-$3,000 | $15,000-$30,000+ |
Estimate Your Alaska Divorce Costs
Use our calculator to estimate potential costs based on your situation:
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Special Requirements When Children Are Involved
Alaska requires parents to complete a parenting plan addressing custody, visitation schedules, decision-making authority, and communication protocols. Both dissolution and divorce cases involving children must include child support calculations under Civil Rule 90.3. For a comprehensive guide, see the Alaska divorce filing checklist.
The court may appoint a guardian ad litem or custody investigator in contested cases to evaluate the children's best interests. Alaska also offers expedited processes for couples married two years or less with no children and limited assets.
Factors to Consider When Choosing Your Path
Several factors should guide your decision between dissolution and contested divorce:
- Agreement level: Can you and your spouse agree on all major issues?
- Asset complexity: Do you have businesses, retirement accounts, or significant property?
- Children: Can you cooperate on custody and parenting arrangements?
- Timeline: Review the Alaska divorce timeline to plan ahead
Disclaimer
This article provides general information about Alaska divorce and dissolution laws and is not legal advice. Laws change, and your situation may have unique factors. Consult with a qualified Alaska family law attorney before making decisions about your divorce.
Next Steps for Your Alaska Divorce
Whether you pursue dissolution or contested divorce, preparation is essential. Alaska provides comprehensive self-help resources through the Alaska Court System Family Law Self-Help Center, including forms, instructions, and filing fee waiver applications.
Remember the 30-day waiting period begins after filing. Use this time to gather financial documents, prepare your parenting plan if you have children, and explore whether dissolution is possible. A decree of dissolution has the same legal effect as a divorce decree—the process differs, but the result is the same.
