Lawyers, Answer Questions  & Get Points Log In
Alaska Divorce Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Alaska on
Q: How do I remove my girlfriend from the deed to our house we bought together?

We bought it together, money may have come from both accounts, but it all originated from my paychecks, as she made next to nothing during that time, and continued to make next to nothing until very recently. We don’t want to live together, and neither of us are willing to leave. Obviously this... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

You will probably need to hire an AK attorney to file an action for a Sale For Partition.

1 Answer | Asked in Divorce for Alaska on
Q: I'm in a divorce with no underage children. I have a question about emotional abuse and mediation:

1. I'm told that the court is only interested in dividing assets. Would the emotional abuse that prompted my filing for divorce likely have any bearing on the outcome?

2. My husband has made it clear that he wants to part with as little of our assets and funds as he can. He has no... View More

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2021

1. The reason for the divorce is generally not relevant to property division.

2&3. In Alaska, mediation is always voluntary. The court will order mediation if the parties both agree it would be useful, but would probably not do so if one party tells the court that emotional abuse...
View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Alaska on
Q: My son's soon to be ex wife will not allow him to see or talk to his children.

He is working on starting divorce proceedings but has not seen his children since his soon to be ex-wife kicked him out of their home three weeks ago in the middle of the night. Their children went to bed and dad lived in the home, the next morning dad did not. Up until this happened he was... View More

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2021

First try to use persuasion. Let the wife know that divorce paperwork will be filed very soon. Let her know the court will be looking at each parent's behavior, and her denying contact with the children might reflect very poorly on her. Encourage her to talk to an attorney, who will... View More

1 Answer | Asked in Divorce for Alaska on
Q: Divorced in AK & I was awarded spousal support & right to move to out of state. He isn't paying my support.

He keeps making motions knowing I am running out of money to pay to defend them plus I can't afford to keep flying to Alaska. I have to take care of my child (who I was awarded full custody of) plus the airfare is just another expense.

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2019

If you win those motions, you can ask the court to have him pay a portion of your costs and attorney's fees.

You can participate in the hearings by phone. It would take some extra work to file exhibits, etc. in advance, and it's not as good as being there, but it would send a...
View More

1 Answer | Asked in Divorce and Family Law for Alaska on
Q: My husband works away from the home for weeks at a time and has left us how can I get him counseling so we dont divorce?

My husband just decided that I’m evil and he doesn’t love me but I know he does he runs away from his family he won’t talk to any of us his wife or kid he left me with the house which I can’t afford I was a stay at home mom for 15 years and he forced me into a job I have no education and I... View More

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2019

There really isn't any legal process you can use to prevent a divorce from happening or to force a spouse into counseling. If he does file a divorce complaint and custody is at issue, the court will sometimes order a party (more often both parties) to be evaluated, but that's only if... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Alaska on
Q: Can I the mother leave ak with my child then file divorced from another state

I don't feel safe for me or my child. I have no support no family here other than my children the father is on probation for a dv on me at this time

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2018

You are free to move wherever you want, as long as there's not already a divorce case pending. (To the extent it's safe, you should still provide whatever visitation you can with the other parent.)

You will need to check the divorce jurisdiction law in the state you're...
View More

1 Answer | Asked in Juvenile Law, Divorce, Family Law and Child Custody for Alaska on
Q: My 17 year old is being criminally detained in juvenile detention. In this scenerio have my rights been terminated?

I have sole legal custody & primary physical of all 4 kids with my felon ex in another state getting visitation. My son & ex believe that I have lost custody in this scenerio & that I cant put my son into residential treatment or theraputic foster care (Im not comfortable with him... View More

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2017

Your rights have not been terminated, and your custody order remains in effect. Physical custody may have been temporarily given to the state (though there's a big difference between temporary detention pending trial, and being committed to a facility at the final disposition hearing). The... View More

2 Answers | Asked in Divorce for Alaska on
Q: How do i file for divorce?
Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2017

You can either hire an attorney to draw up the paperwork or file it yourself using the resources provided by the court system. To make that decision, go to the court's website: http://courts.alaska.gov/shc/representing-yourself-info.htm.

Note that there is a phone number for the...
View More

View More Answers

1 Answer | Asked in Divorce and Child Support for Alaska on
Q: My Ex had financial trouble lost her house in Nassau and send the kids back for a year to me. Do I pay for that yea
Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2017

I assume you're wondering about child support. That goes based on your court custody order, and it doesn't change until you get it modified by the court. If you don't have a court order, you may be able to do the modification through CSSD, if they're involved. The key point... View More

1 Answer | Asked in Divorce and Family Law for Alaska on
Q: What does "I further allege the following as my affirmation defenses" mean in a divorce answer filing?
Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2017

It probably means the person who wrote the Answer was trying to sound legal. He/she probably meant "affirmative" defenses. Certain types of defenses need to be specifically listed in an Answer. If a party lists them, it just preserves the right to argue them later. However, most of... View More

1 Answer | Asked in Divorce for Alaska on
Q: Judge awards property to spouse in divorce.

Other spouse won't take his name off deed/tittle reason because he doesn't wan't the siblings to have it which she would leave to them.

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2017

If your former spouse refuses to comply with a requirement of your property division order, you can file a motion to enforce the order. You would file it under the divorce case number.

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Domestic Violence for Alaska on
Q: married 6 mts.,both names are on morgage but I make all payments/upkeep,who will get house,got house together

before we were married,hes only on paperwork because of my credit,I make more money,does he have right to 401k/retirement.

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2016

Normally retirement savings, any other savings, and any other assets (just the equity) accumulated during the marriage are considered marital assets and the court is supposed to divide them up fairly. Six months is a very short marriage, so the court may simply try to return you both to the... View More

1 Answer | Asked in Divorce for Alaska on
Q: How do I go about getting money from my soon to be ex husband who stole money from me?

He paid me back a little, but not the full amount.

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2016

The short answer is you file for divorce and you ask for it there. That's a gross over simplification, but it's not possible to say more on these facts. You could probably get an answer within an hour of consultation with a local attorney.

1 Answer | Asked in Estate Planning, Divorce and Probate for Alaska on
Q: Can i oppose if i am ex wife to deseased men children to enter into the rights of his estate? by any reasons.?

also i have my piano based on the previous divorce papers that belongs to me

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 16, 2016

If I understand the question, your ex-husband has died, and you are asking whether you have the right to inherit any portion of his estate. No, assuming that the divorce was effective before he died, and that he did not provide for you in a will, you have no inheritance rights at all. You would,... View More

1 Answer | Asked in Child Support and Divorce for Alaska on
Q: husband required to provide support while pregnant?

He left, I filed, never served him, I wish to reconcile, he hired a lawyer, refuses to communicate with me at all, I'm 4 months pregnant, he emptied the bank accounts, turned off my credit card. I just need to know if he has a legal obligation to support me or is is just a moral obligation... View More

Stefan Otterson
PREMIUM
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2016

Child support doesn't start until the child is born. The duty to support starts at birth, even without a court order. In the mean time, you can file a motion asking the court to order short-term spousal support, and if it's an emergency, you can ask the court to expedite your request.... View More

1 Answer | Asked in Divorce for Alaska on
Q: My wife and I need a divorce. She is from Brazil.

She has taken our son and gone to her parents home in Brazil. How will this affect our divorce, custody agreements and child support? Please advise.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 30, 2016

If you can manage to get her served with process in Brazil, you can probably get the divorce, including custody and child support provisions. Enforcing custody and child support may be, on the other hand, very difficult.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.