AS Title 25, Chapter 24: Divorce and Dissolution of Marriage

Article 1. Divorce and Annulment. Chapter 24. Divorce and Dissolution of Marriage. Sec. 25.24.010. Right of action for divorce. A husband or wife may maintain an action against the other for divorce or to have the marriage declared void. Sec. 25.24.020. Void marriages. A marriage which is prohibited by law on account of consanguinity between the persons, or a subsequent marriage contracted by a person during the life of a former husband or wife which marriage has not been annulled or dissolved is void. Sec. 25.24.030. Voidable marriages. A marriage may be declared void for any of the following causes existing at the time of the marriage: (1) that the party in whose behalf it is sought to have the marriage declared void was under the age of legal consent, and the marriage was contracted without the consent of the parents, guardian, or person having charge of that party, unless, after attaining the age of consent, the party for any time freely cohabited with the other as husband and wife; (2) that either party was of unsound mind, unless that party, after coming to reason, freely cohabited with the other as husband and wife; (3) that the consent of either party was obtained by fraud, unless that party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; (4) that the consent of either party was obtained by force, unless that party afterwards freely cohabited with the other as husband and wife; (5) failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action. Sec. 25.24.040. Action to declare marriage valid. When either the husband or wife claims or pretends that the marriage is void or voidable, the other spouse may bring an action to have the marriage declared valid. The court may determine if the marriage is void from the beginning or from the time of the judgment or that it is valid. Sec. 25.24.050. Grounds for divorce. A divorce may be granted for any of the following grounds: (1) failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action; (2) adultery; (3) conviction of a felony; (4) wilful desertion for a period of one year; (5) either (A) cruel and inhuman treatment calculated to impair health or endanger life; (B) personal indignities rendering life burdensome; or (C) incompatibility of temperament; (6) habitual gross drunkenness contracted since marriage and continuing for one year prior to the commencement of the action; (7) [Repealed, § 68 ch 127 SLA 1974.] (8) incurable mental illness when the spouse has been confined to an institution for a period of at least 18 months immediately preceding the commencement of the action; the status as to the support and maintenance of the mentally ill person is not altered in any way by the granting of the divorce; (9) addiction of either party, subsequent to the marriage, to the habitual use of opium, morphine, cocaine, or a similar drug. Sec. 25.24.060. Mediation. (a) Except as provided in (f) and (g) of this section, at any time within 30 days after a complaint or cross-complaint in a divorce action is filed, a party to the action may file a motion with the court requesting mediation, for the purpose of achieving a mutually agreeable settlement in termination of the marriage. When a party moves for settlement mediation, the other party shall answer the motion on the record, and the judge may order mediation. When no request for mediation is made, the court may at any time order the parties to submit to mediation if it determines that mediation may result in a more satisfactory settlement between the parties. (b) The court appoints the mediator. The court may appoint any person the court finds suitable to act as mediator. Each party shall have the right once to challenge peremptorily any mediator appointed. (c) Mediation shall be conducted informally as a conference or series of conferences. The parties to the action and a court-appointed representative of any unmarried children of the marriage under the age of 19 whose interests may be affected shall attend. Counsel for the parties may attend all such conferences. (d) After the first conference, either party may withdraw, or the mediator may terminate mediation if the mediator determines that mediation efforts are unsuccessful. Upon withdrawal by either party or termination by the mediator, the mediator shall notify the court that mediation efforts have failed, and the divorce action shall proceed in the usual manner. (e) Upon submission of the parties to mediation under this section, divorce proceedings then pending shall be stayed for a period of 30 days or until the court is notified that mediation efforts have failed. All court orders made under AS 25.24.140 remain in effect during the period of mediation. (f) The court may not order or refer parties to mediation in a divorce proceeding if a protective order issued or filed under AS 18.66.100 — 18.66.180 is in effect. The court may not order or refer parties to mediation if a party objects on the grounds that domestic violence has occurred between the parties unless the court finds that the conditions of (g)(1) — (3) of this section are met. If the court proposes or suggests mediation under this subsection, (1) mediation may not occur unless the victim of the alleged domestic violence agrees to the mediation; and (2) the court shall advise the parties that each party has the right to not agree to mediation and that the decision of each party will not bias other decisions of the court. (g) A mediator who receives a referral or order from a court to conduct mediation under (a) of this section shall evaluate whether domestic violence has occurred between the parties. A mediator may not engage in mediation when either party has committed a crime involving domestic violence unless (1) mediation is requested by the victim of the alleged domestic violence, or proposed by the court and agreed to by the victim; (2) mediation is provided by a mediator who is trained in domestic violence in a manner that protects the safety of the victim and any household member, taking into account the results of an assessment of the potential danger posed by the perpetrator and the risk of harm to the victim; and (3) the victim is permitted to have in attendance a person of the victim's choice, including an attorney. Sec. 25.24.070. Confession of adultery. In an action for divorce on the ground of adultery, a confession of adultery is not alone sufficient to justify a judgment of divorce. Sec. 25.24.080. Residence requirements for action to declare marriage void. When a marriage has been solemnized and the plaintiff is a resident of the state, an action to declare the marriage void may be brought at any time. Sec. 25.24.090. Use of spouse's residence. Where one spouse is plaintiff in an action for divorce or to declare void a marriage that was not solemnized in the state, the residence of the other spouse in this state inures to the plaintiff's benefit and the action may be instituted if the other spouse is at the time of its commencement qualified as to residence to institute a similar action. Sec. 25.24.100. [Renumbered as AS 25.24.900 .] Sec. 25.24.110. Separate domicile or residence. In an action for divorce, a spouse may acquire a separate residence or domicile from that of the other spouse without reference among other factors to misconduct or consent of the other spouse. Sec. 25.24.120. Defenses to adultery. In a divorce action for adultery, the following defenses may be made: (1) procurement; (2) connivance; (3) the act has been expressly forgiven or impliedly forgiven by the voluntary cohabitation of the parties after knowledge of the act; (4) the plaintiff is also guilty of adultery and without procurement or connivance of the defendant and not forgiven as provided in the defenses to adultery; or (5) the action has not been commenced within two years after the discovery of the act by the plaintiff. Sec. 25.24.130. Defenses to other divorce grounds. When the divorce action is for any of the grounds provided in AS 25.24.050 (4)—(6), the defense of procurement or that the defendant has been expressly forgiven may be made. When the divorce action is for the ground provided in AS 25.24.050 (3), the defense of procurement or that the defendant has been expressly forgiven or that the action was not brought within two years after conviction may be made. Sec. 25.24.140. Orders during action. (a) During the pendency of the action, a spouse may, upon application and in appropriate circumstances, be awarded expenses, including (1) attorney fees and costs that reasonably approximate the actual fees and costs required to prosecute or defend the action; in applying this paragraph, the court shall take appropriate steps to ensure that the award of attorney fees does not contribute to an unnecessary escalation in the litigation; (2) reasonable spousal maintenance, including medical expenses; and (3) reasonable support for minor children in the care of the spouse and reasonable support for unmarried 18-year-old children of the marriage who are actively pursuing a high school diploma or an equivalent level of technical or vocational training and living as dependents with the spouse or designee of the spouse, if there is a legal obligation of the other spouse to provide support. (b) During the pendency of the action, upon application, a spouse is entitled to necessary protective orders, including orders (1) providing for the freedom of each spouse from the control of the other spouse; (2) for protection under AS 18.66.100 — 18.66.180; (3) directing one spouse to vacate the marital residence or the home of the other spouse; (4) restraining a spouse from communicating directly or indirectly with the other spouse; (5) restraining a spouse from entering a propelled vehicle in the possession of or occupied by the other spouse; and (6) prohibiting a spouse from disposing of the property of either spouse or marital property without the permission of the other spouse or a court order. (c) Except as provided in (d) and (e) of this section, after a hearing, if both parties agree, the court may also order that the parties engage in personal or family counseling or mediation. In the order, the court shall provide for the payment of the costs of the counseling or mediation. (d) The court may not order or refer parties to mediation or family counseling under (c) of this section if a protective order issued or filed under AS 18.66.100 — 18.66.180 is in effect. The court may not order or refer parties to mediation or family counseling if a party objects on the grounds that domestic violence has occurred between the parties unless the court finds that the conditions of (e)(1) — (3) of this section are met. If the court proposes or suggests mediation under this subsection, (1) mediation may not occur unless the victim of the alleged domestic violence agrees to the mediation; and (2) the court shall advise the parties that each party has the right to not agree to mediation and that the decision of each party will not bias other decisions by the court. (e) A mediator or family counselor who receives a referral or order from a court to conduct mediation under (c) of this section shall evaluate whether domestic violence has occurred between the parties. A mediator or family counselor may not engage in mediation when either party has committed a crime involving domestic violence unless (1) mediation or family counseling is requested by the victim of the alleged domestic violence, or proposed by the court and agreed to by the victim; (2) mediation or family counseling is provided by a mediator or family counselor who is trained in domestic violence in a manner that protects the safety of the victim and any household member, taking into account the results of an assessment of the potential danger posed by the perpetrator and the risk of harm to the victim; and (3) the victim is permitted to have in attendance a person of the victim's choice, including an attorney. Sec. 25.24.150. Judgments for custody; supervised visitation. (a) In an action for divorce or for legal separation, for placement of a child when one or both parents have died, or as part of a child-in-need-of-aid proceeding for a child in state custody under AS 47.10 , the court may, if it has jurisdiction under AS 25.30.300 — 25.30.320, and is an appropriate forum under AS 25.30.350 and 25.30.360, during the pendency of the action, or at the final hearing or at any time thereafter during the minority of a child of the marriage, make, modify, or vacate an order for the custody of or visitation with the minor child that may seem necessary or proper, including an order that provides for visitation by a grandparent or other person if that is in the best interests of the child. The court shall hear custody proceedings related to a child in state custody under AS 47.10 as part of the child-in-need-of-aid proceedings, as provided under AS 47.10.113 , unless notice is provided to all parties to the child-in-need-of-aid proceedings and no party objects to hearing the custody proceedings in another appropriate forum. (b) If a guardian ad litem for a child is appointed, the appointment shall be made under the terms of AS 25.24.310 (c). (c) The court shall determine custody in accordance with the best interests of the child under AS 25.20.060 — 25.20.130. In determining the best interests of the child the court shall consider (1) the physical, emotional, mental, religious, and social needs of the child; (2) the capability and desire of each parent to meet these needs; (3) the child's preference if the child is of sufficient age and capacity to form a preference; (4) the love and affection existing between the child and each parent; (5) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (6) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child; (7) any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents; (8) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child; (9) other factors that the court considers pertinent. (d) In awarding custody the court may consider only those facts that directly affect the well-being of the child. (e) Notwithstanding the provisions of (d) of this section, in awarding custody the court shall comply with the provisions of 25 U.S.C. 1901 — 1963 (P.L. 95-608, the Indian Child Welfare Act of 1978). (f) If the issue of child custody is before the court at the time it issues a judgment under AS 25.24.160 , the court shall concurrently issue a judgment for custody under this section unless, subject to AS 25.24.155 , the court delays the custody decision for a later time. (g) There is a rebuttable presumption that a parent who has a history of perpetrating domestic violence against the other parent, a child, or a domestic living partner may not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody of a child. (h) A parent has a history of perpetrating domestic violence under (g) of this section if the court finds that, during one incident of domestic violence, the parent caused serious physical injury or the court finds that the parent has engaged in more than one incident of domestic violence. The presumption may be overcome by a preponderance of the evidence that the perpetrating parent has successfully completed an intervention program for batterers, where reasonably available, that the parent does not engage in substance abuse, and that the best interests of the child require that parent's participation as a custodial parent because the other parent is absent, suffers from a diagnosed mental illness that affects parenting abilities, or engages in substance abuse that affects parenting abilities, or because of other circumstances that affect the best interests of the child. (i) If the court finds that both parents have a history of perpetrating domestic violence under (g) of this section, the court shall either (1) award sole legal and physical custody to the parent who is less likely to continue to perpetrate the violence and require that the custodial parent complete a treatment program; or (2) if necessary to protect the welfare of the child, award sole legal or physical custody, or both, to a suitable third person if the person would not allow access to a violent parent except as ordered by the court. (j) If the court finds that a parent has a history of perpetrating domestic violence under (g) of this section, the court shall allow only supervised visitation by that parent with the child, conditioned on that parent's participating in and successfully completing an intervention program for batterers, and a parenting education program, where reasonably available, except that the court may allow unsupervised visitation if it is shown by a preponderance of the evidence that the violent parent has completed a substance abuse treatment program if the court considers it appropriate, is not abusing alcohol or psychoactive drugs, does not pose a danger of mental or physical harm to the child, and unsupervised visitation is in the child's best interests. (k) The fact that an abused parent suffers from the effects of the abuse does not constitute a basis for denying custody to the abused parent unless the court finds that the effects of the domestic violence are so severe that they render the parent unable to safely parent the child. (l) Except as provided in AS 25.20.095 and 25.20.110, a court may not consider a parent's activation to military service and deployment in determining the best interest of the child under (c) of this section. In this subsection, “deployment” has the meaning given in AS 25.20.095 . Sec. 25.24.152. Children as dependents for tax purposes. (a) In an action for divorce, dissolution, or to declare a marriage void, the court may not unconditionally grant to a noncustodial parent the right to claim a child as a dependent under federal income tax laws. The court may grant a noncustodial parent the right to claim a child as a dependent under federal tax laws for a tax year if the noncustodial parent satisfies the requirements of federal law and was not in arrears at the end of the tax year in an amount more than four times the monthly obligation under (1) a support order applicable to the child in cases where a payment schedule has not been established for payment of continuing support and accumulated arrears under the support order; or (2) a payment schedule if a payment schedule has been established for payment of continuing support and accumulated arrears under a support order applicable to the child. (b) In this section, “noncustodial parent” means the parent who has actual physical custody of the child for less time than the other parent. Sec. 25.24.155. Reservation of issues. (a) The court may not delay or reserve a custody decision under AS 25.24.150 (f) or an issue of property division under AS 25.24.160 (c) unless (1) each party, and the guardian ad litem if one has been appointed under AS 25.24.310 , expressly agrees on the record to the delay or reservation; or (2) a party who moves for an order of delay or reservation shows good cause and the court finds that the interests of a party opposing the motion will not be jeopardized by the delay or reservation. (b) The court may not grant a motion under (a)(2) of this section if the court finds that granting the motion would (1) put the opposing party's interests substantially at risk due to the death of the other party before a final disposition of the marital property; (2) diminish the ability of the party opposing the motion to protect the value of assets not in the party's control; (3) not be in the best interests of each minor child whose custody would remain unresolved if the motion were granted; (4) have adverse tax consequences for the opposing party; or (5) have adverse consequences on the opposing party's ability to maintain existing health insurance coverage. Sec. 25.24.160. Judgment. (a) In a judgment in an action for divorce or action declaring a marriage void or at any time after judgment, the court may provide (1) for the payment by either or both parties of an amount of money or goods, in gross or installments that may include cost-of-living adjustments, as may be just and proper for the parties to contribute toward the nurture and education of their children, and the court may order the parties to arrange with their employers for an automatic payroll deduction each month or each pay period, if the period is other than monthly, of the amount of the installment; if the employer agrees, the installment shall be forwarded by the employer to the clerk of the superior court that entered the judgment or to the court trustee, and the amount of the installment is exempt from execution; (2) for the recovery by one party from the other of an amount of money for maintenance, for a limited or indefinite period of time, in gross or in installments, as may be just and necessary without regard to which of the parties is in fault; an award of maintenance must fairly allocate the economic effect of divorce by being based on a consideration of the following factors: (A) the length of the marriage and station in life of the parties during the marriage; (B) the age and health of the parties; (C) the earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage; (D) the financial condition of the parties, including the availability and cost of health insurance; (E) the conduct of the parties, including whether there has been unreasonable depletion of marital assets; (F) the division of property under (4) of this subsection; and (G) other factors the court determines to be relevant in each individual case; (3) for the delivery to either party of that party's personal property in the possession or control of the other party at the time of giving the judgment; (4) for the division between the parties of their property, including retirement benefits, whether joint or separate, acquired only during marriage, in a just manner and without regard to which of the parties is in fault; however, the court, in making the division, may invade the property, including retirement benefits, of either spouse acquired before marriage when the balancing of the equities between the parties requires it; and to accomplish this end the judgment may require that one or both of the parties assign, deliver, or convey any of their real or personal property, including retirement benefits, to the other party; the division of property must fairly allocate the economic effect of divorce by being based on consideration of the following factors: (A) the length of the marriage and station in life of the parties during the marriage; (B) the age and health of the parties; (C) the earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage; (D) the financial condition of the parties, including the availability and cost of health insurance; (E) the conduct of the parties, including whether there has been unreasonable depletion of marital assets; (F) the desirability of awarding the family home, or the right to live in it for a reasonable period of time, to the party who has primary physical custody of children; (G) the circumstances and necessities of each party; (H) the time and manner of acquisition of the property in question; and (I) the income-producing capacity of the property and the value of the property at the time of division; (5) if an animal is owned, for the ownership or joint ownership of the animal, taking into consideration the well-being of the animal. (b) If a judgment under this section distributes benefits to an alternate payee under AS 14.25 , AS 21.51.120 (a), AS 21.54.020 (c), 21.54.050(c), AS 22.25 , AS 26.05.222 — 26.05.226, or AS 39.35 , the judgment must meet the requirements of a qualified domestic relations order under the definition of that phrase that is applicable to those provisions. (c) Notwithstanding (a) of this section, if one of the parties to an action for divorce or action declaring a marriage void expressly submits to the court the issue of property division and has not withdrawn that issue from the court before judgment, the court shall provide in the judgment for the division of property and may not reserve the issue of property division for a later time unless the conditions of AS 25.24.155 have been met. (d) For each judgment issued under this section, the court shall include in the records relating to the matter the social security numbers, if ascertainable, of the following persons: (1) each party to the action; (2) each child whose rights are addressed in the judgment. (e) When distributing property identified as community property under a community property agreement or trust under AS 34.77 , unless the parties have provided in the agreement or trust for another disposition of the community property, the court shall make such disposition of the community property as shall appear just and equitable after considering all relevant factors, including (1) the nature and extent of the community property; (2) the nature and extent of the separate property; (3) the duration of the marriage; and (4) the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in the family home for reasonable periods to a spouse with whom the children reside the majority of the time. Sec. 25.24.165. Change of name in divorce or annulment. (a) In a judgment in an action for divorce or action declaring a marriage void, the court may change the name of either of the parties. (b) If a party seeks a change of name to a name other than a prior name, the court shall set a date for hearing not less than 40 days after filing of the action. Notice of the application for a change of name to a name other than a prior name and the date of the hearing shall be published once each week for four consecutive calendar weeks before the hearing in a newspaper of general circulation in the judicial district. The court may also require posting of the notice at locations it considers appropriate. The court shall by judgment authorize the party to assume the new name not less than 30 days after issuance of the judgment, if the court is satisfied that no reasonable objection exists to assumption of the new name. Within 10 days after issuance of the judgment the party shall publish notice of the approval of the name change in a newspaper of general circulation in the judicial district. The court may also require the posting of a copy of the judgment. (c) This section does not apply to a person who seeks a change of name other than a prior name and who is committed to the custody of the Department of Corrections, on probation under AS 33.05 , on parole under AS 33.16 , or required to register as a sex offender under AS 12.63 . (d) A person seeking a change of name to a prior name under this section shall notify the court if the person is (1) committed to the custody of the Department of Corrections, on probation under AS 33.05 , or on parole under AS 33.16 ; a person subject to this paragraph shall provide proof satisfactory to the court that notice of the petition has been provided to the person's assigned probation or parole officer; (2) required to register as a sex offender under AS 12.63 ; a person subject to this paragraph shall provide proof satisfactory to the court that notice of the petition has been provided to the Department of Public Safety; or (3) charged with an offense; a person subject to this paragraph shall provide the court with the case number associated with the offense. Sec. 25.24.170. Modification of judgment. (a) Subject to AS 25.20.110 , any time after judgment the court, upon the motion of either party, may set aside, alter, or modify so much of the judgment as may provide for alimony, for the appointment of trustees for the care and custody of the minor children or for their nurture and education, for the care, nurture, and education of unmarried 18-year-old children of the marriage while they are actively pursuing a high school diploma or an equivalent level of technical or vocational training and living as dependents with a parent, guardian, or designee of the parent or guardian, or for the maintenance of either party to the action. (b) For the purposes of a motion to modify or terminate child support, the adoption or enactment of guidelines or a significant amendment to guidelines for determining support is a material change in circumstances if the guidelines are relevant to the motion. As necessary to comply with 42 U.S.C. 666, a periodic modification of child support may be made without a showing of a material change in circumstances if the child support order being modified on the periodic basis has not been modified or adjusted during the three years preceding the periodic modification. Sec. 25.24.180. Effect of divorce. The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons. Article 2. Dissolution of Marriage. Sec. 25.24.200. Dissolution of marriage. (a) A husband and wife together may petition the superior court for the dissolution of their marriage under AS 25.24.200 — 25.24.260 if the following conditions exist at the time of filing the petition: (1) incompatibility of temperament has caused the irremediable breakdown of the marriage; (2) if there are unmarried children of the marriage under the age of 19 or the wife is pregnant, and the spouses have agreed on which spouse or third party is to be awarded custody of each minor child of the marriage and the extent of visitation, including visitation by grandparents and other persons if in the child's best interests, and support to be provided on the children's behalf, whether the payments are to be made through the child support services agency, and the tax consequences of that agreement; (3) the spouses have agreed as to the distribution of all real and personal property that is jointly owned or community property under AS 34.77 , including retirement benefits and the payment of spousal maintenance, if any, and the tax consequences resulting from these payments; the agreement must be fair and just and take into consideration the factors listed in AS 25.24.160 (a)(2) and (4) so that the economic effect of dissolution is fairly allocated; and (4) the spouses have agreed as to the payment of all unpaid obligations incurred by either or both of them and as to payment of obligations incurred jointly in the future. (b) A husband or wife may separately petition for dissolution of their marriage under AS 25.24.200 — 25.24.260 if the following conditions exist at the time of filing the petition: (1) incompatibility of temperament, as evidenced by extended absence or otherwise, has caused the irremediable breakdown of the marriage; (2) the petitioning spouse has been unable to ascertain the other spouse's position in regard to the dissolution of their marriage and in regard to the fair and just division of property, including retirement benefits, spousal maintenance, payment of debts, and custody, support and visitation because the whereabouts of the other spouse is unknown to the petitioning spouse after reasonable efforts have been made to locate the absent spouse; and (3) the other spouse cannot be personally served with process inside or outside the state. (c) Except as provided in AS 25.24.220 (i), a spouse who has been personally served with a copy of a petition filed under (a) of this section may execute an appearance, waiver of time to answer, and waiver of notice of hearing. The appearance and waivers must include an acknowledgment signed before an officer authorized to administer an oath or affirmation that the spouse being served has read the petition; assents to the terms relating to custody of the children, child support, visitation, spousal maintenance taking into consideration the factors listed in AS 25.24.160 (a)(2), and tax consequences, division of property, including retirement benefits and taking into consideration the factors listed in AS 25.24.160 (a)(4), ownership of animals, taking into consideration the well-being of the animals, and allocation of debts; agrees that the conditions otherwise required by (a) of this section exist; agrees that the petition constitutes the entire agreement between the parties; understands fully the nature and consequences of the action; and is not signing the appearance and waivers under duress or coercion. (d) The action created under this section is separate from the action created by AS 25.24.010 . The procedures prescribed by AS 25.24.200 — 25.24.260 do not apply to an action brought under AS 25.24.010 , nor do procedures prescribed under AS 25.24.010 — 25.24.180 apply to an action filed under this section, except as specifically provided. (e) Spousal maintenance and a division of property must fairly allocate the economic effect of dissolution and take into consideration the factors listed in AS 25.24.160 (a)(2) and (4). (f) A petition filed under (a) or (b) of this section may, if an animal is owned by a husband and wife together, provide for the ownership or joint ownership of the animal. The ownership or joint ownership of an animal provided for in a petition under (a) or (b) of this section must take into consideration the well-being of the animal. Sec. 25.24.210. Petition for dissolution. (a) The caption in a petition for dissolution of marriage under AS 25.24.200 — 25.24.260 shall be styled substantially “In the Matter of the Dissolution of the Marriage of .............. and ..............” (b) The petition shall be filed with the superior court and shall either (1) recite that the conditions enumerated under AS 25.24.200 (a) exist and shall be signed and verified by both of the petitioners or by one petitioner, if that petitioner personally serves the petition on the other spouse in accordance with the Alaska Rules of Civil Procedure in anticipation that the spouse will comply with AS 25.24.200 (c); or (2) recite that the conditions enumerated under AS 25.24.200 (b) exist and be signed and verified by one of the petitioners. (c) The petition shall state that the spouse or spouses executing the petition consent to the jurisdiction of the court. (d) The petition shall request that the marriage be dissolved and that the name of a spouse be changed, if desired by that spouse. (e) If the petition is filed by both spouses under AS 25.24.200 (a), the petition must state in detail the terms of the agreement between the spouses concerning the custody of children, child support in terms of periodic payments and in terms of health care expenses, visitation, spousal maintenance and tax consequences, if any, and fair and just division of property, including retirement benefits. A petition filed by both spouses under AS 25.24.200 (a) may provide for the ownership or joint ownership of an animal, taking into consideration the well-being of the animal. Agreements on spousal maintenance and property division must fairly allocate the economic effect of dissolution and take into consideration the factors listed in AS 25.24.160 (a)(2) and (4). In addition, the petition must state (1) the respective occupations of the petitioners; (2) the income, assets, and liabilities of the respective petitioners at the time of filing the petition; (3) the date and place of the marriage; (4) the name, date of birth, and current marital, educational, and custodial status of each child born of the marriage or adopted by the petitioners who is under the age of 19; (5) whether the wife is pregnant; (6) whether either petitioner requires medical care or treatment; (7) whether any of the following has been issued or filed during the marriage by or regarding either spouse as defendant, participant, or respondent: (A) a criminal charge of a crime involving domestic violence; (B) a protective order under AS 18.66.100 — 18.66.180; (C) injunctive relief under former AS 25.35.010 or 25.35.020; or (D) a protective order issued in another jurisdiction and recognized in this state under AS 18.66.140 ; (8) whether either petitioner has received the advice of legal counsel regarding a divorce or dissolution; (9) other facts and circumstances that the petitioners believe should be considered; (10) that the petition constitutes the entire agreement between the petitioners; and (11) any other relief sought by the petitioners. (f) A petition filed under this section must include or be accompanied by a record of the social security numbers, if ascertainable, of the following persons: (1) both spouses to the marriage being dissolved; (2) each child whose rights are being addressed in the petition for dissolution. Sec. 25.24.220. Hearing. (a) After a petition for dissolution is filed under the provisions of AS 25.24.210 , a hearing shall be scheduled in accordance with the Alaska Rules of Civil Procedure. (b) Except as provided in (i) of this section, if the petition is filed by both spouses under AS 25.24.200 (a), both spouses shall attend the hearing personally and not through counsel. However, if the petition is not subject to (i) of this section, a spouse who complies with AS 25.24.200 (c) is not required to attend the hearing. Either spouse may have counsel at the hearing. (c) If the petition is filed by one spouse under AS 25.24.200 (b), that spouse shall submit proof of diligent inquiry as to the whereabouts of the absent spouse and provide notice by publication, posting, or other means as ordered by the court under the Alaska Rules of Civil Procedure. (d) If the petition is filed by both spouses under AS 25.24.200 (a), the court shall examine the petitioners or petitioner present and consider whether (1) the spouses fully understand the nature and consequences of their action; (2) the written agreements between the spouses concerning child custody, child support, and visitation are just as between the spouses and in the best interests of the children of the marriage; in determining whether the parents' agreement on visitation is in the best interests of the children under this paragraph, the court shall also consider whether the agreement should include visitation by grandparents and other persons; (3) the written agreements between the spouses relating to the division of property, including retirement benefits, spousal maintenance, and the allocation of obligations are just; the spousal maintenance and division of property must fairly allocate the economic effect of dissolution and take into consideration the factors listed in AS 25.24.160 (a)(2) and (4); (4) the written agreements constitute the entire agreement between the parties; (5) the conditions in AS 25.24.200 (a) have been met; and (6) the written agreements between the spouses concerning ownership or joint ownership of an animal take into consideration the well-being of the animal. (e) If the petition is filed by one spouse under AS 25.24.200 (b), the court shall examine the petitioner and consider whether the petitioner fully understands the nature and consequences of the action and whether the conditions in AS 25.24.200 (b) have been met. (f) The court may appoint a guardian ad litem to represent the best interests of the child. Appointment of a guardian ad litem or attorney for the child shall be made under the terms of AS 25.24.310 . (g) The court may amend the written agreements between the spouses relating to child custody, child support, visitation, division of the property, including retirement benefits, spousal maintenance, ownership or joint ownership of an animal, taking into consideration the well-being of the animal, and allocation of obligations, but only if both petitioners concur in the amendment in writing or on the record. (h) In its examination of a petitioner under (d) of this section, the court shall use a heightened level of scrutiny of agreements if (1) one party is represented by counsel and the other is not; (2) there is evidence that a party committed a crime involving domestic violence during the marriage or if any of the following has been issued or filed during the marriage by or regarding either spouse as defendant, participant, or respondent: (A) a criminal charge of a crime involving domestic violence; (B) a protective order under AS 18.66.100 — 18.66.180; (C) injunctive relief under former AS 25.35.010 or 25.35.020; or (D) a protective order issued in another jurisdiction and recognized in this state under AS 18.66.140 ; (3) there is a minor child of the marriage; or (4) there is a patently inequitable division of the marital estate. (i) If the court finds that a higher level of scrutiny is required by (h) of this section, the court shall examine the written agreements between the spouses to determine that they are just, that they constitute the entire agreement between the parties, and that the agreements concerning child custody, child support, and visitation are in the best interest of the children of the marriage, if any. The court shall require the presence of both spouses at a hearing for this purpose unless the court finds on the record that it would constitute a significant hardship on one of the spouses to appear and that a just agreement has been reached. If one of the spouses cannot attend the hearing because it would constitute a significant hardship, the court may require that spouse to be available by telephone to answer questions, at that spouse's expense. Sec. 25.24.230. Judgment. (a) If the petition is filed under AS 25.24.200 (a), and is not subject to AS 25.24.220 (h), the court may grant the spouses a final decree of dissolution and shall order other relief as provided in this section if the court, upon consideration of the information contained in the petition and the testimony of the spouse or spouses at the hearing, finds that (1) the spouses understand fully the nature and consequences of their action; (2) the written agreements between the spouses concerning spousal maintenance and tax consequences, if any, division of property, including retirement benefits, and allocation of obligations are fair and just and constitute the entire agreement between the parties; (3) the spousal maintenance and division of property fairly allocate the economic effect of dissolution and take into consideration the factors listed in AS 25.24.160 (a)(2) and (4); (4) each spouse entered into the agreement voluntarily and free from the coercion of another person; (5) the conditions in AS 25.24.200 (a) have been met; and (6) the written agreements between the spouses concerning ownership or joint ownership of an animal take into consideration the well-being of the animal. (b) If the petition is filed under AS 25.24.200 (a) and is subject to AS 25.24.220 (h), the court may grant the spouses a final decree of dissolution and shall order other relief as provided in this section if the court, upon consideration of the information contained in the petition and the testimony of the spouse or spouses at the hearing, finds that (1) the spouses understand fully the nature and consequences of their action; (2) the written agreements between the spouses concerning child custody, child support, and visitation are in the best interest of the children of the marriage, constitute the entire agreement of the parties on child custody, child support, and visitation and, as between the spouses, are just; (3) the written agreements between the spouses concerning spousal maintenance and tax consequences, if any, division of property, including retirement benefits, and allocation of obligations are just and constitute the entire agreement between the parties; (4) the spousal maintenance and division of property fairly allocate the economic effect of dissolution and take into consideration the factors listed in AS 25.24.160 (a)(2) and (4); (5) each spouse entered the agreement voluntarily and free from the coercion of another person; and (6) the conditions in AS 25.24.200 (a) have been met. (c) If the petition is filed by one spouse under AS 25.24.200 (b), the court may grant the spouse a final decree of dissolution and change the petitioner's name, if so requested, if the court, upon consideration of affidavits supplied by the spouse and the testimony of the spouse at the hearing, finds that (1) the spouse present at the hearing understands fully the nature and consequences of the action; (2) the conditions in AS 25.24.200 (b) have been met; and (3) the requirements of AS 25.24.165 (b) have been satisfied, if a change of name is requested. (d) The court shall dismiss a petition or continue action on a petition filed under AS 25.24.200 — 25.24.260 before findings are made if (1) a representative of the unmarried children who are under the age of 19 objects to a term of an agreement between the spouses; (2) either of the spouses withdraws from an agreement required under AS 25.24.200 (a); or (3) the petition alleges that the conditions in AS 25.24.200 (b) exist, but the whereabouts of the absent spouse becomes known to the other spouse or the court before findings are made. (e) The court shall deny the relief sought in a petition filed under AS 25.24.200 — 25.24.260 if the court does not make the findings required under (a) — (c) of this section. (f) If the petition is filed by both spouses under AS 25.24.200 (a), the court shall change either spouse's name, if the spouse seeking a change of name to a name other than a prior name complies with AS 25.24.165 (b), and shall fully and specifically set out in the decree the written agreements of the spouses and shall order the performance of those written agreements. The court shall also state, in the decree, whether child support payments are to be made through the child support services agency. If the petition is filed by one spouse under AS 25.24.200 (b), the decree must state that it does not bar future action on the issues not resolved in the decree. (g) Notwithstanding other provisions of AS 25.24.200 — 25.24.260, the court may not award to one spouse real or personal property acquired by the other spouse before the date of the marriage, unless the spouses expressly agree otherwise or the court determines that the property should be made available, by sale or other conveyance, to ensure that the best interests of the children are provided for. If the court determines that the best interests of the children require an award of premarital property, but the spouses do not agree, the court shall dismiss or continue the action.

(h) If a judgment under this section distributes benefits to an alternate payee under AS 14.25 , AS 21.51.120 (a), AS 21.54.020 (c), 21.54.050(c), AS 22.25 , AS 26.05.222 — 26.05.226, or AS 39.35 , the judgment must meet the requirements of a qualified domestic relations order under the definition of that phrase that is applicable to those provisions. (i) For each judgment issued under this section, the court shall include in the records relating to the matter the social security numbers, if ascertainable, of the following persons: (1) each party to the dissolution of marriage; (2) each child whose rights are addressed in the judgment. Sec. 25.24.232. Children as dependents for tax purposes. (a) Notwithstanding other provisions of AS 25.24.200 — 25.24.260, the court may not grant a final decree of dissolution that incorporates an agreement between the parties if the agreement unconditionally entitles a noncustodial parent to claim a child as a dependent under federal income tax laws. The court may incorporate into the decree of dissolution an agreement between the parties that entitles a noncustodial parent to claim a child as a dependent under federal tax laws for a tax year if the noncustodial parent satisfies the requirements of federal law and was not in arrears at the end of the tax year in an amount more than four times the monthly obligation under (1) a support order applicable to the child in cases where a payment schedule has not been established for payment of continuing support and accumulated arrears under the support order; or (2) a payment schedule if a payment schedule has been established for payment of continuing support and accumulated arrears under a support order applicable to the child. (b) In this section, “noncustodial parent” means the parent who has actual physical custody of the child for less time than the other parent. Sec. 25.24.240. Effect and modification of decree. (a) A decree of dissolution issued under AS 25.24.200 — 25.24.260 shall have the same force and effect as a decree granted under AS 25.24.010 — 25.24.180. (b) A decree of dissolution granted under AS 25.24.200 — 25.24.260 may be modified or enlarged as prescribed by AS 25.24.150 — 25.24.170. Sec. 25.24.250. Forms. (a) The Department of Law, in cooperation with the administrator of the Alaska Court System, shall prepare forms and instructions for use by persons wishing to obtain a dissolution of their marriage under AS 25.24.200 — 25.24.260 and wishing to utilize the services of the child support services agency. The forms shall conform to the requirements of the Alaska Rules of Civil Procedure, except that information appearing on the forms in legible handwriting shall be acceptable. (b) Forms prepared under (a) of this section shall be made available to the public at each office of the division of social services of the Department of Health, and every superior court, and wherever else considered necessary by the Department of Law. (c) Forms or instructions prepared under (a) of this section must specify that the dissolution petition constitutes the entire agreement between the parties and must provide examples of kinds of property and obligations that are subject to distribution. Sec. 25.24.260. Right to file action for divorce. No spouse may be precluded from filing an action for divorce under AS 25.24.010 — 25.24.180 upon dismissal or denial of a petition filed under AS 25.24.200 — 25.24.260. Article 3. Representation of Minor. Sec. 25.24.300. [Renumbered as AS 25.20.140 .] Sec. 25.24.310. Representation of minor. (a) In an action involving a question of the custody, support, or visitation of a child, the court may, upon the motion of a party to the action or upon its own motion, appoint an attorney or the office of public advocacy to represent a minor with respect to the custody, support, and visitation of the minor or in any other legal proceeding involving the minor's welfare or to represent an unmarried 18-year-old child with respect to post-majority support while the child is actively pursuing a high school diploma or an equivalent level of technical or vocational training and living as a dependent with a parent or guardian or a designee of the parent or guardian. When custody, support, or visitation is at issue in a divorce, it is the responsibility of the parties or their counsel to notify the court that such a matter is at issue. Upon notification, the court shall determine whether the minor or other child should have legal representation or other services and shall make a finding on the record before trial. If the parties are indigent or temporarily without funds, the court shall appoint the office of public advocacy. The court shall notify the office of public advocacy if the office is required to provide legal representation or other services. The court shall enter an order for costs, fees, and disbursements in favor of the state and may further order that other services be provided for the protection of the minor or other child. (b) If custody, support, or visitation is at issue, the order for costs, fees, and disbursements shall be made against either or both parents, except that, if one of the parties responsible for the costs is indigent, the costs, fees, and disbursements for that party shall be borne by the state. If the parents are only temporarily without funds, the office of public advocacy shall provide legal representation or other services required by the court. The attorney general is responsible for enforcing collections owed the state. Repayment shall be made to the Department of Revenue under AS 37.10.050 for deposit in the general fund. The court shall, if possible, avoid assigning costs to only one party by ordering that costs of the minor's legal representation or other services be paid from proceeds derived from a sale of joint, community, or individual property of the parties before a division of property is made. (c) Instead of, or in addition to, appointment of an attorney under (a) of this section, the court may, upon the motion of either party or upon its own motion, appoint an attorney or other person or the office of public advocacy to provide guardian ad litem services to a child in any legal proceedings involving the child's welfare. The court shall require a guardian ad litem when, in the opinion of the court, representation of the child's best interests, to be distinguished from preferences, would serve the welfare of the child. The court in its order appointing a guardian ad litem shall limit the duration of the appointment of the guardian ad litem to the pendency of the legal proceedings affecting the child's interests, and shall outline the guardian ad litem's responsibilities and limit the authority to those matters related to the guardian's effective representation of the child's best interests in the pending legal proceeding. The court shall make every reasonable effort to appoint a guardian ad litem from among persons in the community where the child's parents or the person having legal custody or guardianship of the child's person reside. When custody, support, or visitation is at issue in a divorce, it is the responsibility of the parties or their counsel to notify the court that such a matter is at issue. Upon notification, the court shall determine if a child's best interests need representation or if a minor or other child needs other services and shall make a finding on the record before trial. If one or both of the parties is indigent or temporarily without funds the court shall appoint the office of public advocacy. The court shall notify the office of public advocacy if the office is required to provide guardian ad litem services. The court shall enter an order for costs, fees, and disbursements in favor of the state and may further order that other services be provided for the protection of a minor or other child. Article 4. Legal Separation. Sec. 25.24.400. Complaint for legal separation. A husband or a wife may separately or jointly file a complaint in the superior court for a legal separation. A legal separation may be granted no more than once to the same married couple. Sec. 25.24.410. Grounds for a legal separation. A legal separation may be granted by the court based on a finding that (1) an incompatibility of temperament exists between the parties; and (2) the continuation of the parties' status as married persons preserves or protects significant legal, financial, social, or religious interests. Sec. 25.24.420. Residency required. One of the parties to a complaint for legal separation must be a resident of the state at the time the action is commenced. Sec. 25.24.430. Consolidation of actions. If, at any time, a party to an action for legal separation files an action for divorce or annulment, the court shall consolidate the new action with the action for legal separation. Sec. 25.24.440. Applicability of other statutes. The following statutes relating to divorce actions shall be applied similarly to an action for legal separation: AS 25.24.060 , 25.24.140, 25.24.150, 25.24.152, 25.24.160, and 25.24.170. Sec. 25.24.450. Decree. (a) If a court finds that the grounds specified under AS 25.24.410 exist, the court may enter a decree of legal separation. (b) Unless otherwise provided in the decree, provisions for child custody and visitation, child support, and spousal support included in a decree of legal separation are final orders subject to modification only as provided in AS 25.20.110 and AS 25.24.170 . (c) If the decree of legal separation includes provisions for division of property and debts of the marriage, the decree must state whether the division is an interim or final order. To the extent the division is not a final order, the court shall determine the parties' respective rights to and responsibilities for property and obligations not finally distributed and as to any property or debts accrued by either party while the order is in effect. Sec. 25.24.460. Effect of separation. A decree of legal separation does not restore the parties to the status of unmarried persons. A decree of legal separation modifies the parties' rights and responsibilities as married persons only to the extent specified in the decree of separation. Article 5. General Provisions. Sec. 25.24.900. Residency of military personnel. A person serving in a military branch of the United States government who has been continuously stationed at a military base or installation in the state for at least 30 days is considered a resident of the state for the purposes of this chapter. Sec. 25.24.910. Payment of support to 18-year-olds. When a court order or judgment provides for child support to be paid for the care of an unmarried 18-year-old child who is actively pursuing a high school diploma or an equivalent level of technical or vocational training while living as a dependent with a parent, guardian, or designee of the parent or guardian, the order or judgment may provide for the support to be paid directly to the child upon terms and conditions considered appropriate by the court. Sec. 25.24.920. Provision of information to child support services agency. For purposes of 42 U.S.C. 666 and AS 25.27.193 , when a court order or judgment provides for child support to be paid, the clerk of the court shall provide a copy of the order or judgment to the child support services agency created in AS 25.27.010 . Sec. 25.24.990. Definition. In this chapter, “animal” means a vertebrate living creature not a human being.