A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Alaska, a spouse seeking a divorce must adhere to the state's residency requirements. According to Alaska Statute Section 25.24.080, at least one of the spouses must be a resident of the state. However, unlike many other states, Alaska does not specify a minimum duration for this residency, meaning that as long as one spouse is a resident at the time of filing, the requirement is met. The divorce can be filed in the Superior Court for the state of Alaska. If the spouses have minor children, the state may impose additional requirements to address child custody and support. It is important for individuals considering divorce in Alaska to consult with an attorney to understand all applicable laws and ensure that they meet all legal requirements for filing.