Effects of Infidelity on Divorce in Alaska
Does Infidelity Affect Divorce in Alaska? Yes, it does. Divorce in Alaska is the same as in other states with a few differences. In Alaska Infidelity and Divorce are treated the same way as in other states.
You can sue for divorce on the grounds of infidelity. However, there are some defenses that a cheating spouse can use. The judges in Alaska cannot grant you a divorce on the grounds of based infidelity if your spouse can prove that:
- You, the innocent spouse, helped the cheating spouse commit adultery. That is you not knew about the cheating but helped in it.
- You, the innocent spouse, have set-up the cheating spouse. That means you created the opportunity for your spouse. You did this so that you can either get a divorce or other material gains.
- You have shown signs that you have forgiven the cheating spouse after learning that he/she has committed adultery. This includes living with the spouse after discovering the infidelity.
- You are not an innocent spouse. That is, both you and your spouse have committed adultery.
- A gap of more than two years exists between the discovery and divorce filing.
If your spouse can prove any of these conditions, then the judge cannot grant the divorce on the grounds of infidelity. However, you can seek divorce on other grounds.
Infidelity in Alaska has the same requirements as in other states. You must remember that you have to prove that your spouse has committed infidelity. Courts in Alaska will not accept a mere confession from your spouse that he/she has committed adultery. Your spouse can say that he/she was forced to say those words.
The court requires that you provide physical evidence that proves your spouse has committed adultery. This can include photos and other pieces of evidence that prove adultery. The evidence should not be circumstantial. It should be rock solid. If you can provide such evidence, then the judge can grant the divorce. That is the Effects of Infidelity on Divorce in Alaska.
The concept of alimony is different in Alaska. The judge can decide the period of the alimony.
- Limited period
- The judge can also decide how it can be paid in one go or in installations.
Does Infidelity Matter in A Divorce Settlement
Unlike in many other states, the effects of infidelity is limited to grounds for seeking divorce. In many states, the judge can take infidelity into account when deciding the alimony amount. In other states, if the innocent spouse is the dependant then the judge can increase the amount, time or both. In case the cheating spouse is the dependant the judge has the power to reduce the amount, time, or both. This is, however, not possible in Alaska. Here the judges cannot consider infidelity when deciding the amount of alimony.
- How many years were the people involved married and what stage of life they are in.
- The earning capacity of both parties. The judge decided this based on.
- Job experience.
- Educational background
- Employment gap
- Who gets custody of the children
- Property involved
- How old the parties are and their health condition at the time of divorce
The judges in Alaska will check the assets to ensure that none of the assets has been depleted unreasonably. That is the act has been done keeping the divorce in mind.
This is done mainly to ensure that the alimony is both fair and reasonable. That means one spouse is not enriched at the expense of the other. In short, the motivation of the judge should be to ensure fairness in both property division and alimony. The judge should not use divorce as grounds for punishing either party. That is irrespective of who is guilty.
In Cheating and divorce cases it is your best interest to get a good lawyer. This is important as divorces are messy and you might not get yourself the best deal.