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Annulments in Alaska
Alaska does not have an official court action called "annulment of marriage." However, a party may still ask the court to declare a marriage void. A void marriage was never valid from the outset because the parties did not have the legal ability to marry.
In Alaska, the difference between a void marriage and an annulled marriage is subtle. Once a judge says that a marriage is annulled, it becomes void - it's as though the marriage never existed; the marriage is called a "legal nullity." The Alaska court cannot award alimony or divide assets or liabilities as part of an annulment because the law considers a void marriage as never having been valid, and there cannot be a marital estate without a valid marriage.
The Alaska Code Section 25.05.01, et seq.; 25.20.050, 25.24.030 deal with voidable marriages.
The Alaska court voids marriages when:
Limitations attach to some of these grounds. The court will not void a marriage if the partners freely lived together:
A person contemplating voiding a marriage in Alaska should consult a lawyer. The court only divides the marital estate in the case of a divorce or separation, so there might be financial ramifications. Moreover, the partner may contest the action.
The plaintiff, who is the filing partner, must be a resident of the state of Alaska.
Alaska has no forms for filing to void a marriage, so a party contemplating annulment should consult with an attorney.
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