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Alaska Divorce Questions & Answers

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... Read more »

Stefan Otterson 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 there's... Read 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 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 moving to. There's...
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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 returning home... Read more »

Stefan Otterson 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 state... Read more »

2 Answers | Asked in Divorce for Alaska on

Q: How do i file for divorce?

Stefan Otterson 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...
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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 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 is that there's no... Read 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 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 them have... Read 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 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 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... Read 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 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 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,... Read 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 until I... Read more »

Stefan Otterson 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. However,... Read 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 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.

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