Alaska Divorce Lawyer & Attorney : Peg Roston Law Firm : Property Division, Net Worth, Division of Assets : Anchorage, Alaska

Personal property is a legal term that covers all property that is not real property. It includes intangible property such as stocks, bonds, or business good will. It also includes tangible property such as cars, boats, clothing, jewelry and collectibles.  As a practical matter, when divorce lawyers and judges talk about personal property they  usually mean the contents of the home, the collectibles, the clothing, the art, and all of the other "stuff" in our lives.

If a couple can agree on how to divide their personal property, they can just make a list showing who is getting what.  They can give the list to their lawyers.  Even if their case goes to trial, they will not have to spend their time and money on the division of their personal property.

If they disagree about what there is to divide, how much it is worth, or who should get what, then they ask their lawyers to attempt to negotiate a compromise. Otherwise, they have no choice but to pay their attorneys to go to trial to seek a court order dividing their personal property.

Even though is probably impossible to account for every last spoon, cup or saucer acquired by the parties during marriage, many divorce cases become extremely expensive and time-consuming when one or both of the parties are determined to leave nothing out of the personal property division.  Many clients could have replaced the entire contents of their home for less than the amount they have paid in attorneys fees to fight about their personal property.

It is rare for the parties to leave a marriage or relationship feeling content about the division of their personal property. The best solution is to decide what things are most important to you, put them down on a list, give the list to the attorney, and then move forward with your life. 

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Going through a divorce is emotionally challenging if not downright unpleasant. Therefore, it is not surprising that a person going through a divorce wants the case to be over as fast as possible. Unfortunately, going to trial is generally not the way to get a speedy resolution of a divorce case because so many divorce cases get delayed for some of the following reasons:

1. No matter how set in stone a trial date appears to be, at least in Superior Court in Anchorage, if an emergency children’s proceeding is filed, it trumps the divorce trial, which means then the judge assigned to the divorce case, has to reschedule for a later date.

2. Even if a trial starts on the scheduled date, it is not unusual for there to be delays in the middle of a trial because of court matters over which the trial judge does not have any control over such as emergency children’s hearings. Therefore, it is not uncommon for a case to be tried a day here and a day there over a course of several weeks and in rare cases over the course of several months.

3. Judges do not usually make a decision at the conclusion of a trial. They take the matter under advisement. It is not unusual for the judge to take four to six months before he/she issues a written decision.

4. Once the judge issues a written decision, each side has the right to file an appeal to the Alaska Supreme Court. Although this generally does not affect the finality of the judge’s decision, the appellate process can take two years. If the Alaska Supreme Court reverses the trial court’s decision, the case is usually sent back to the trial judge for further court proceedings.

Because delay is one of the risks of going to trial, settling a case through mediation or a settlement conference with a judge is certainly an attractive alternative to spending months and possibly years embroiled in divorce litigation.  The day you settle you can begin to look forward to the rest of your life.  Why wait?

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When people who are married or living together have children, their religion, family traditions, personal parenting philosophies, and other factors guide them in making decisions about how to raise their children.

But when parents divorce or end their relationship, they become subject to the child custody laws of this state. Child custody includes both legal custody and physical custody.

Legal custody is the authority to make decisions on non-emergency medical care, religion, education, and emancipation. Parents can have joint legal custody or one parent can have sole legal custody.

Physical custody involves the amount of time the children will spend with each parent. Parents can share physical custody of the children. Alternatively, one parent can have primary physical custody in which case the other parent who is referred to as the "non-custodial parent"  has visitation with the children. 

Each parent has an independent relationship with the children and is entitled to enjoy that relationship without interference by the other parent. Generally speaking, this means that even the non-custodial parent is in charge of the day-to-day routine and activities in the home when the children are spending time with that parent.


If you are facing the challenges of divorce or ending a relationship, you can elect to attempt to negotiate child custody with the other parent. If the two of you together or with the help of attorney or other professional cannot agree on child custody, then the only alternative is to let a superior court judge decide child custody for you. No matter which road you choose to take, you may want to consider these factors: (1) the importance of having both parents involved in the lives of their children; (2) the importance of shielding children from conflict between parents; and (3) the importance of creating a post-divorce environment, which allows children to focus on their emotional and development needs without the disruption of ongoing custody battles.

You would be wise to consult an Alaskan attorney who can educate you about the factors a judge must consider in deciding contested child custody cases and who can advise you if you have concerns about substance abuse, domestic violence or mental health issues.

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