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Divorce or Dissolution

Divorce Attorneys in Anchorage, Alaska

Divorce and family law issues in Alaska strike close to the heart. Making the right decisions for yourself and your family requires a conscientious advocate and knowledgeable guide to help you through the Alaska legal system.

Our Alaska Family Lawyers work closely with Alaska families and individuals to guide them through potential divorces, child custody, modifications, and prenuptial agreements.

The decision to end your marriage is very difficult. It’s a choice that has life-altering consequences and endless uncertainty.

You and your spouse have spent years falling in love and building a life together. Many times, couples that have decided to end their marriage just simply want out of the marriage.

Alaska has two proceedings for ending a marriage: divorce and dissolution.

The divorce procedure is for cases in which the parties cannot agree on all issues. A dissolution proceeding requires that both parties agree on all issues in the termination of a marriage. A dissolution is easier for a person not represented by an attorney to do on their own.  Often times, people need the help of an attorney to reach an agreement on all issues. This is especially true in cases where there are significant property or child custody issues.

The decision to end the marriage is the first step. Next, the parties have to consider the other consequences of ending the marriage. For example, what happens to the marital home, retirement accounts, and the children? What happens if one party has significantly more education and earning power than the other party? These issues can be difficult to think through on your own while you are experiencing the stress of making the decision to end your marriage. Moreover, the law surrounding the equitable division of assets is complicated and fact-specific. 

Our team is here to help.  We have helped many people obtain just results while ending their marriage. We will listen to the facts of your case, identify your goals, and do everything possible to help you achieve them. We welcome the opportunity to be your advocate during this difficult part of your life.   

Anchorage Divorce Lawyer

Contact The Law Office of Bradly A. Carlson For Divorce Help You Can Trust

Common Questions About Divorce and Dissolution in Alaska

Divorce FAQ

  • Many service members often think that their spouse is not entitled to their military pension unless the marriage has been ten years or longer. This is a false assumption. Under Alaska law, any portion of the military pension that is earned during marriage is considered marital property and is subject to being divided during the divorce process. Defense Finance Accounting Service, however, will not make direct payments to a spouse unless the marriage was ten years or longer and overlapping with ten years of creditable service.
  • Alaska law recognizes two types of spousal support: Rehabilitation Support and Reorientation Support. Rehabilitation support is the money that pays for job training or school. The idea is that the money will be used to obtain skills to work or move up in your job. Reorientation Support is the money that helps you get used to living on less money than when you were married. This money is paid for a short period, usually a year or less, and usually when the division of marital property does not meet one party’s needs. One example of reorientation support may give a party temporary money while he waits to sell the house. Rehabilitation support usually lasts for the time it will take to complete school or job training. Reorientation support usually lasts for one year at most.
  • Alaska courts will use nine factors to determine where the child should be placed. These factors are commonly known as the best interest of the child factors. At trial, you will need to provide the Court with evidence of the child’s stable environment, any special needs, love, and affection between the parent and child, domestic violence, and substance abuse, to name a few. This evidence will come in the form of witness testimony and from exhibits such as text messages and medical records.
  • Child support is calculated pursuant to Alaska R. Civ. P. 90.3. It is a mathematical calculation based upon the obligated parent’s income. One common misconception is that if the parents of 50/50 equal parenting time, that no party will pay child support. That is not the case. Child support is calculated based upon the party’s income and number of overnights.
  • Modifying a custody order is a two-step process. First, the court has to find that there has been a substantial change in circumstances. This change in circumstances can come from the parents inability to communicate, an inability to make legal decisions, one party ending up in jail, a change in work schedule, or domestic violence between the parties or children. Step two is for the Court to determine if it is in the children’s best interest to modify custody.

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Other Family Solutions we offer

Child Custody

Fighting with your former spouse over child custody is emotionally draining. Visitation, changes in visitation, moving, domestic violence, and drug and alcohol abuse often accompany child custody disagreements. The laws surrounding child custody are complicated, and our team is ready to provide you with solutions. 

Child Support

In some cases, an ex-spouse will attempt to use child support as a means to continue to control the family. In Alaska, both parents, even if they do not have custody of their children, have a duty to support their children.

Military Divorce

The most common problems involve the splitting of a service member’s military pension and associated benefits, real and personal property division, and child custody planning. The unique challenges require an experienced team with a strong understanding of the state and federal laws that govern military divorce. 

Paternity

Establishing paternity is critical for many reasons.  First, the father may agree to support the child only to change his mind.  Some benefits are available to the child only if paternity has been established.  Establishing paternity can make a significant difference in a child’s health, financial outlook, and identity.

Spousal Support

Spousal Support is a monthly payment of money made from one spouse to the other. The court may order spousal support to be paid before the divorce is final, after the divorce, or both.  In most cases, the court orders spousal support for a specific purpose and a limited amount of time.

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