Deciding to file for divorce is a difficult and deeply personal choice. Spouses often make many compromises and sacrifices trying to preserve a declining marital relationship. Eventually, they may have to accept the reality that they cannot continue the marriage any longer.
The spouse who decides that divorce is the best option must petition the courts to initiate the divorce process. Typically, their lawyer prepares and files documents requesting a divorce and then arranges for service advising the other spouse of the pending family law case. The person initiating the divorce has to have appropriate grounds for requesting the dissolution of the marital relationship.
What are the different grounds that people can assert when filing for divorce?
Fault-based grounds
Unlike some states, which only allow for no-fault divorces, Alaska recognizes many types of fault-based divorce filings. Typically, those asserting that they filed for divorce because of a spouse’s faults must have evidence affirming their allegations.
The fault-based grounds for divorce include:
- adultery
- personal indignities, such as emotional abuse
- cruel and inhuman treatment, including domestic violence
- habitual gross drunkenness
- drug addiction
- abandonment lasting at least a year
- incurable mental illness resulting in an 18-month or longer institutionalization
- felony convictions
Additionally, one spouse could seek divorce on the basis that the couple failed to consummate the marriage after the wedding or marriage service and has never successfully consummated the marriage.
No-fault grounds
The courts also recognize that spouses may simply prove to be incompatible. They might learn things about each other after marrying that make the relationship difficult to sustain or may change during marriage.
Either spouse can assert that there is an incompatibility of temperament between the spouses that makes continued marriage unhealthy or unsustainable. Unlike fault-based divorce filings, no-fault divorce filings do not require any evidence of spousal incompatibility. One spouse’s assertion in court under oath is typically adequate.
Most people choose to proceed with no-fault divorces even if their circumstances justify a fault-based filing. There are benefits and drawbacks to both approaches to divorce. Reviewing marital circumstances with a skilled legal team and learning more about state law can help people as they prepare for a divorce. The right strategy can lead to a better outcome for those ready to end their marriages.
