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Legal Information: Alaska

Divorce

Updated: 
August 9, 2023

Do the parties have to go to mediation in a divorce case?

At any time within 30 days after a complaint or cross-complaint in a divorce action is filed, either party can file a motion with the court requesting mediation and the judge can order it. Even if neither party requests mediation, the judge can order it at any time if the judge believes that mediation will help the parties settle the case. However, if you have a current protective order, or if you object to mediation based upon domestic violence, the judge cannot refer you to mediation.1

After the first mediation conference, however, either party can withdraw, or the mediator can end the mediation if the s/he determines that mediation efforts are unsuccessful.2

1Alaska Statute § 25.24.060(a), (f)
2 Alaska Statute § 25.24.060(d)

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