Frequently Asked Legal Questions
Family Law
1. How is child custody decided in Alaska divorce cases?
Alaska courts decide custody based on the best interests of the child. This includes each parent’s ability to provide, the child’s needs and preferences (if old enough), and any history of abuse or substance abuse. Joint custody is common unless there are safety concerns.
2. What are my rights if my ex isn’t following our custody agreement?
You can file a motion to enforce the custody order with the Alaska Superior Court. The court may issue fines, makeup visitation, or modify the custody order. Do not take matters into your own hands—violating the agreement yourself can harm your legal standing.
3. How do I file for divorce in Alaska and what does it cost?
To file for divorce in Alaska, one spouse must be a resident. File a Petition for Dissolution or Complaint for Divorce with your local Superior Court. Court filing fees start around $250. You may also need to pay for service of process and document preparation.
Personal Injury
1. What is the average settlement for a car accident injury in Alaska?
Settlements vary widely depending on injury severity, medical costs, lost wages, and insurance limits. Minor injuries may settle for a few thousand dollars, while serious injuries can result in six-figure settlements. Alaska follows comparative fault laws, which may reduce compensation if you’re partially at fault.
2. Do I need a lawyer if the insurance company already offered a settlement?
Yes, you should still consult a lawyer. Insurance companies often offer low initial settlements to close claims quickly. An attorney can help you determine the true value of your case, especially if you’ve had serious injuries or long-term impacts that aren’t immediately obvious.
3. How long do I have to file a personal injury claim in Alaska?
Alaska law sets the statute of limitations at 2 years from the date of the injury. If you don’t file within that time, you may lose your right to compensation. Some exceptions apply, so it’s best to consult an attorney as soon as possible.
Bankruptcy
1. Can I keep my home and car if I file for Chapter 7 bankruptcy in Alaska?
Possibly. Alaska offers exemptions that may protect your primary residence and one vehicle, depending on their equity value. If your assets exceed the exemption limits, they could be sold to repay creditors. A bankruptcy attorney can help you determine your eligibility and risks.
2. What debts are wiped out in Chapter 7 vs Chapter 13 bankruptcy?
Chapter 7 can eliminate unsecured debts like credit cards and medical bills. Chapter 13 reorganizes your debts into a repayment plan. Neither chapter typically erases child support, student loans, or recent taxes. Your income, assets, and goals will determine which chapter fits best.
3. How does filing for bankruptcy affect my credit score and how long does it stay?
Filing bankruptcy can lower your credit score significantly, especially at first. A Chapter 7 filing stays on your credit report for 10 years, while Chapter 13 remains for 7 years. Many people start rebuilding credit shortly after discharge by using secured credit cards responsibly.
Criminal Defense
1. What should I do if I’m arrested in Alaska?
Stay calm, do not resist, and ask to speak with an attorney immediately. You have the right to remain silent—use it. Anything you say can be used against you. Do not answer questions without legal counsel present, even if you believe you’re innocent.
2. Should I hire a criminal defense attorney or use a public defender?
Public defenders are experienced but often overloaded. A private criminal defense attorney can give your case more personalized attention, faster responses, and customized defense strategies. If your case is serious, hiring a private lawyer often improves your chances of a better outcome.
3. How long does a criminal case take to resolve in Alaska?
Misdemeanor cases may resolve in weeks, while felony cases often take several months or more. Factors include court schedules, plea negotiations, and whether the case goes to trial. Alaska law requires certain speedy trial deadlines, but delays can occur for many reasons.
Civil Litigation
1. How do I sue someone in Alaska and what is the process like?
You start by filing a civil complaint with the Superior or District Court, depending on the case value. The process includes discovery, negotiations, pretrial motions, and potentially a trial. Timelines vary, and legal representation is recommended to navigate the complex rules and procedures.
2. What does it cost to file a civil lawsuit and will I get that money back?
Filing fees in Alaska range from $100 to $250 or more, depending on the court and claim type. You may also incur costs for service, expert witnesses, or depositions. If you win, the court may order the other party to reimburse some or all costs.
3. How long does it take to resolve a civil case in Alaska?
Simple cases may resolve in a few months, but more complex civil litigation can take over a year. Factors include court backlog, case complexity, and whether the case settles or goes to trial. Many Alaska courts encourage early settlement through mediation or arbitration.
Workers' Compensation
1. What should I do if I’m injured at work in Alaska?
Report the injury to your employer immediately and seek medical treatment. Then file a “Report of Occupational Injury or Illness” with the Alaska Workers’ Compensation Board. Delays in reporting can jeopardize your claim, so act quickly and document everything.
2. Can I be fired for filing a workers’ comp claim in Alaska?
No. Alaska law prohibits employers from retaliating against employees for filing a legitimate workers’ compensation claim. If you believe you were wrongfully terminated, you may have grounds for a separate legal claim against your employer.
3. What benefits can I get from Alaska workers’ compensation?
You may receive coverage for medical expenses, lost wages (partial), rehabilitation services, and permanent disability if applicable. The exact benefits depend on your injury severity and whether you’re able to return to work. Death benefits may also be available to surviving dependents.
Labor Law
1. What are my rights if my employer isn’t paying overtime in Alaska?
Alaska law requires most employees to be paid time-and-a-half for hours worked over 8 in a day or 40 in a week. If your employer isn’t complying, you can file a complaint with the Alaska Department of Labor or pursue legal action to recover wages.
2. Can I sue my employer for wrongful termination in Alaska?
Alaska is an at-will employment state, but you can sue for wrongful termination if it involved discrimination, retaliation, or breach of contract. You must usually file a claim with the Alaska Human Rights Commission or Equal Employment Opportunity Commission before going to court.
3. What should I do if I’m facing discrimination at work in Alaska?
Document everything and report the issue to HR. Then file a formal complaint with the Alaska Human Rights Commission. Discrimination based on race, gender, age, disability, religion, and other protected categories is illegal under both state and federal law.
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