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- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 24. Divorce and Dissolution of Marriage
- Section 140. Orders During Action.
previous: Section 130
. Defenses to Other Divorce Grounds.
next: Section 150
. Judgments For Custody.
AS 25.24.140. Orders During Action.
- (a) During the pendency of the action, a spouse may, upon application and in appropriate circumstances, be awarded
- (1) attorney fees and costs that reasonably approximate the actual fees and costs required to prosecute or defend the
action; in applying this paragraph, the court shall take appropriate steps to ensure that the award of attorney fees
does not contribute to an unnecessary escalation in the litigation;
- (2) reasonable spousal maintenance, including medical expenses; and
- (3) reasonable support for minor children in the care of the spouse and reasonable support for unmarried 18-year-old
children of the marriage who are actively pursuing a high school diploma or an equivalent level of technical or
vocational training and living as dependents with the spouse or designee of the spouse, if there is a legal obligation
of the other spouse to provide support.
- (b) During the pendency of the action, upon application, a spouse is entitled to necessary protective orders, including
- (1) providing for the freedom of each spouse from the control of the other spouse;
- (2) for protection under AS 18.66.100
- (3) directing one spouse to vacate the marital residence or the home of the other spouse;
- (4) restraining a spouse from communicating directly or indirectly with the other spouse;
- (5) restraining a spouse from entering a propelled vehicle in the possession of or occupied by the other spouse; and
- (6) prohibiting a spouse from disposing of the property of either spouse or marital property without the permission of the
other spouse or a court order.
- (c) Except as provided in (d) and (e) of this section, after a hearing, if both parties agree, the court may also order
that the parties engage in personal or family counseling or mediation. In the order, the court shall provide for the
payment of the costs of the counseling or mediation.
- (d) The court may not order or refer parties to mediation or family counseling under (c) of this section if a protective
order issued or filed under AS 18.66.100
- 18.66.180 is in effect. The court may not order or
refer parties to mediation or family counseling if a party objects on the grounds that domestic violence has occurred
between the parties unless the court finds that the conditions of (e)(1) - (3) of this section are met. If the court
proposes or suggests mediation under this subsection,
- (1) mediation may not occur unless the victim of the alleged domestic violence agrees to the mediation; and
- (2) the court shall advise the parties that each party has the right to not agree to mediation and that the decision of
each party will not bias other decisions by the court.
- (e) A mediator or family counselor who receives a referral or order from a court to conduct mediation under (c) of this
section shall evaluate whether domestic violence has occurred between the parties. A mediator or family counselor may
not engage in mediation when either party has committed a crime involving domestic violence unless
- (1) mediation or family counseling is requested by the victim of the alleged domestic violence, or proposed by the court
and agreed to by the victim;
- (2) mediation or family counseling is provided by a mediator or family counselor who is trained in domestic violence in a
manner that protects the safety of the victim and any household member, taking into account the results of an
assessment of the potential danger posed by the perpetrator and the risk of harm to the victim; and
- (3) the victim is permitted to have in attendance a person of the victim's choice, including an attorney.
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