What do I have to do to get an at-fault divorce with a permanent protective order against my husband?
Question Details:
I recently moved to Alaska the beginning of June. My husband and I have been married for about 3 years and we only lived together for maybe 3-4 months. I have a permanent protective order against due to domestic violence towards me and to protect my son. My husband hasn't given support for his son and my protective order says he has no visitation. I haven't been able to file for a divorce before because I haven't been able to stay in a solid location for residency until now. I'm a reservist now currently station in Fort Wainwright. I want to finally be able to be rid of this.
It's my understanding that Alaska doesn't have a minimum residency period, so you can go ahead and file for divorce now. Among the "fault" grounds, you'll find cruel and inhuman treatment, personal indignities rendering life burdensome, and incompatibility of temperament. I think you should be able to satisfy at least one of these easily.
Your protective order, from whatever state, can be made part of the case. Make sure you have an extra fully certified (usually with a raised seal of the court) copy, to give to the divorce case; I'd mention the order (by court, date and docket number) in your complaint, and ask the Alaska court to incorporate its terms into your divorce judgment. I'd expect that to be granted, routinely.
