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September 2014 Archives

Unmarried parties and child custody

In child custody cases involving unmarried parents, Alaska law requires that the child must have lived in the state for at least six months before the parents file for custody or the courts will not be able to render a verdict. However, there are a few exceptions to this rule for extremely young children and in emergency situations. The parents might want to wait until the six-month time frame has passed, or they might opt to file in the previous state of residence.

Military personnel divorces follow modified rules

Getting a divorce in Alaska when one or both spouses are in the military is subject to different laws and rules than when both parties are civilians. Regulations are in place to protect active military from being subject to a default divorce of which they were not even aware. Proceedings may be postponed for the full duration of active deployment and an additional 60 days beyond that. Conversely, this postponement can be put aside if it is an active military person who is seeking the divorce. Alaska also requires that the combination of spousal and child support cannot exceed 60 percent of a military member's pay.

When forensic accounting is helpful in divorce

Any person in Alaska who is contemplating a divorce will need some sort of plan to determine how to divide up the couple's marital properly fairly. Alaska law in general follows the principle of equitable distribution, requiring the court to divide assets in a way that is as fair as possible to both parties. However, this is not possible until all the marital assets are known and their actual value has been determined.