Divorce

The Law Offices of Allen M. Bailey practices exclusively in the area of family law in Anchorage and South Central Alaska, helping individuals and families with all aspects of divorce, including child custody and visitation, property division, child support and spousal support. Ending a marriage with a divorce or dissolution of marriage is not difficult if the spouses agree on all of the issues mentioned above. But if any of them is contested, a divorce action must be filed.  In a small percentage of divorces, the parties are unable to reach a negotiated agreement covering all of the important issues and a trial is necessary to resolve the dispute. In the trial, a judge must make property-related decisions that are fair and decisions regarding children that will meet the children's best interests. The judge must make these decisions according to state laws but still has wide discretion on how to rule, depending upon the quality of the evidence presented and the persuasiveness of the arguments made by the parties and their attorneys.

Child Custody, Visitation, and Support

Decisions on child custody and visitation are made by the court in what it deems to be the best interest of the children. Those best interests are determined by reference to state statutes and prior decisions of the Alaska Supreme Court. The court could grant sole custody to one parent with visitation rights to the other parent, or it may grant some form of joint custody, where the parents have more equal amounts of time with the children. The court looks at many factors in making this determination, including the current relationship between parent and child and the physical, emotional, mental, religious, and social needs of the child. Depending upon the child's age and maturity level, the wishes of the child as to where he or she would choose to live may also play a role.

Any evidence or history of domestic violence can play a crucial role in the custody determination. Similarly, evidence that one parent's substance abuse has affected the physical or emotional well-being of the child can impact the custody decision. See our page on Domestic Violence and Child Custody for a full discussion of the dangers of granting custody or unsupervised visitation to a parent who has abused his or her spouse.

Property Division and Spousal Support

Spousal support, or alimony, is not granted in every case and is often disfavored by Alaska courts. Alaska courts are required to avoid ordering continued spousal support by dividing marital assets and debts in a way that takes into account any economic disparity between the parties. Sometimes, however, a support award is still needed to balance the standard of living between the spouses or to provide the receiving spouse time to become self-sufficient. The court looks at many factors to determine whether to make an award, how much to award, and whether to award support on a temporary or permanent basis. In addition to the property division and the financial state of each party, the court may look at the length of the marriage, each spouse's earning capacity and responsibilities for raising the children, and their conduct prior to and during the divorce process. Alaska law does not require that marital property be divided equally, as long as the distribution is fair.

Military Divorces

Given Alaska's many military installations, divorce cases involving a military spouse are not uncommon. There are several important factors to consider when a military service member is involved, and it is important to retain a family law attorney who is experienced in military divorces and knows how to deal with these differences. Special factors to consider include:

• The residency requirement - a service member who has been continuously stationed for at least 30 days in the state may file for divorce in the state.
• Military pensions - a non-military spouse may be entitled to a marital share of the military pension based on benefits which accrued during marriage. The calculation and division of a military pension is a complex matter, much of which is governed by a complicated federal law, the Uniformed Services Former Spouses' Protection Act.
• Timing of divorce - under the Service Members Civil Relief Act, legal proceedings, including divorce, can be delayed while a service member is on active duty and for up to 60 days after leaving active duty. It is important for the non-military spouse to understand the application of this law and the other options available.
• Jurisdictional issues - different and sometimes conflicting state and federal laws can come into play, and it takes a knowledgeable and experienced lawyer to understand and apply the appropriate law.

Strong, Effective Legal Representation

Attorney Allen Bailey works to settle the issues favorably for his clients in an amicable fashion that fosters willing compliance with domestic relations orders, but he is also experienced in taking on tough litigation challenges to uphold the rights and best interests of the client and family, and to make sure orders are complied with and enforced. For a family law attorney who approaches each case with compassion and concern but also takes charge and fights for his clients' well-being now and into the future, contact the Law Offices of Allen M. Bailey in Anchorage.