Grounds for Divorce in Alaska

The No-Fault Ground Almost Everyone Uses

Under AS § 25.24.050(5)(C), the standard ground for divorce in Alaska is "incompatibility of temperament that has caused the irremediable breakdown of the marriage." This is the no-fault option — you don't need to prove anyone did anything wrong. You simply state that you and your spouse can no longer live together as married partners.

For joint dissolutions filed under AS § 25.24.200(a)(1), the same language applies: both spouses affirm that incompatibility has broken down the marriage.

Alaska doesn't require a separation period before filing on no-fault grounds. You can be living under the same roof when you file.

The vast majority of self-represented filers use this ground because it keeps things simple, avoids courtroom fights over evidence, and gets the case through the system faster.

Alaska's Nine Fault-Based Grounds

Alaska is a "no-fault plus fault" state, meaning fault-based grounds remain available under AS § 25.24.050. They are:

1. Adultery
2. Felony conviction with a sentence of more than one year
3. Willful desertion for one continuous year
4. Cruel and inhuman treatment calculated to impair health or endanger life
5. Personal indignities rendering life burdensome
6. Incurable mental illness with at least 18 months of institutional confinement immediately before filing
7. Habitual drunkenness or drug addiction contracted after marriage and continuing for one year before filing
8. Impotency existing at the time of marriage and continuing to the filing date
9. Void marriage involving bigamy or incest

Why Fault Grounds Rarely Help

Pleading fault sounds satisfying if you feel wronged, but Alaska law limits what fault actually accomplishes.

Property division in Alaska is governed by equitable distribution under AS § 25.24.160(a)(4), and the statute specifically says the court divides property "without regard to which of the parties is in fault." The only exception is unreasonable depletion of marital assets — if your spouse gambled away retirement savings, that waste can affect the division. But adultery, desertion, or cruel treatment alone won't change your property split.

Fault grounds also raise the bar procedurally. You need formal evidence, witness testimony, and documentation — all of which increase the likelihood of a contested trial. An incompatibility-of-temperament filing does not require proving a fault-based ground.

When Fault Grounds Might Make Sense

Fault grounds occasionally serve a strategic purpose: if your spouse has significantly wasted marital assets, that financial waste can be relevant to an unequal property division. But this is territory where an attorney's judgment matters more than a filing guide.

For most self-represented filers, the no-fault ground gets you to the same decree faster and with fewer complications. The Alaska Divorce Filing Process Guide walks through how to complete the incompatibility-of-temperament language on both dissolution petitions and divorce complaints.

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