Alaska Joint Petition for Bifurcated Divorce

State:
Multi-State
Control #:
US-03179BG
Format:
Word; 
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Description

In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Some people call this alimony, but in Alaska it is called spousal support. The court may order spousal support to be paid before the divorce is final, after the divorce, or both. But usually, the court orders spousal support for a specific purpose and a limited amount of time.

Alaska Divorce Laws at a Glance Alaska law uses the term "incompatibility of temperament" for no-fault divorces but also recognizes "for fault" grounds such as adultery, cruelty, the conviction of a felony, drug addiction, and others.

Property and debt must be divided in a fair and equitable way. For a marriage of some length, "fair and equitable" often means 50-50. However, after considering the factors listed below, the court may decide that it is "fair and equitable" to give one party more or less than 50%.

Alaska is a "no fault" divorce state, which allows for divorce on the basis of an "incompatibility of temperament." This means that even if your spouse is entirely opposed to ending your marriage, you can still request, and receive, a divorce from the Court. What if I want to modify my divorce or custody order?

No, a legal separation is not a required step before getting a divorce. It is a totally separate process, although the court treats (1) the division of marital property and debts and (2) the parenting plan and child support for their children the same in a legal separation and a divorce.

Although adultery in Alaska is a basis for divorce, it doesn't impact alimony, in and of itself. That's because Alaska's alimony law specifically states that when deciding alimony issues, judges must not take marital fault into account.

In the legal sphere, bifurcate divorce remains a relatively obscure concept. It involves the partitioning or bifurcation of the divorce process, allowing courts to dissolve the marriage while deferring the resolution of other disputes, such as property division, child custody, and spousal support.

Equitable Distribution of Property The court divides property in a divorce in Alaska under a three-step process called the Wanberg analysis. The first step is the court identifies marital property and debt; the second step is the court values the property and the third step the court equitably divides the property.

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Alaska Joint Petition for Bifurcated Divorce