HB 342: "An Act relating to marriage, adoption, birth certificates, state custody of a minor, divorce, dissolution, and legal separation; replacing the terms 'husband' and 'wife' in certain statutes relating to loans, trusts, spousal immunity and confidential marital communications, probate and nonprobate transfers, life and health insurance, workers' compensation, and property ownership; and making conforming amendments."
00 HOUSE BILL NO. 342 01 "An Act relating to marriage, adoption, birth certificates, state custody of a minor, 02 divorce, dissolution, and legal separation; replacing the terms 'husband' and 'wife' in 03 certain statutes relating to loans, trusts, spousal immunity and confidential marital 04 communications, probate and nonprobate transfers, life and health insurance, workers' 05 compensation, and property ownership; and making conforming amendments." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 06.20.240 is amended to read: 08 Sec. 06.20.240. Loans for purpose of obtaining higher interest. A licensee 09 may not induce or permit a person, or two spouses [A HUSBAND AND WIFE] 10 jointly or severally, to split up or divide a loan or to become obligated, directly or 11 contingently or both, under more than one loan contract at the same time, for the 12 purpose or with the result of obtaining a higher rate of interest than would otherwise 13 be permitted by AS 06.20.230. However, a licensee may enter into new or different
01 loan transactions with the borrower or the borrower's spouse at a different time so long 02 as the purpose of the additional transaction does not violate this section. 03 * Sec. 2. AS 06.26.020(a) is amended to read: 04 (a) Notwithstanding any other provision of this chapter, a person does not act 05 as a fiduciary under this chapter if the person 06 (1) is licensed to practice law in this state, the person is acting within 07 the scope of the license, and the person and any law firm of the person are not trustees 08 of more trusts than the number established for the person and law firm by the 09 department by regulation or order; in this paragraph, "law firm" means a partnership, a 10 professional corporation organized under AS 10.45, or another association organized 11 for the practice of law and in which the person practices law; 12 (2) acts as trustee under a deed of trust delivered only as security for 13 the payment of money or for the performance of another act; 14 (3) receives and distributes on behalf of a principal rents and proceeds 15 of sales as a real estate broker or other licensee under AS 08.88; 16 (4) engages in securities business activity or investment advisory 17 business activity as a registered broker-dealer, a broker-dealer agent, a state 18 investment adviser, or an investment adviser representative, or as a federal covered 19 adviser who has made a notice filing under AS 45.55.040(h), the person is acting 20 within the scope of the person's registration or notice filing, and the activity is 21 regulated by the department under AS 45.55 or by the United States Securities and 22 Exchange Commission; in this paragraph, "agent," "broker-dealer," "federal covered 23 adviser," "investment adviser representative," "investment advisory business," 24 "securities business," and "state investment adviser" have the meanings given in 25 AS 45.55.990; 26 (5) engages in the sale and administration of an insurance product as 27 an insurance company licensed under AS 21 or an insurance producer licensed under 28 AS 21 and is acting within the scope of that license; 29 (6) handles escrow transactions and is a title insurance company that 30 has a certificate of authority issued under AS 21.09, a title insurance limited producer 31 that is licensed as required by AS 21.66.270, or an employee of the title insurance
01 company or title insurance producer when acting in the scope of the employee's 02 employment; in this paragraph, 03 (A) "escrow transaction" has the meaning given in 04 AS 34.80.090; 05 (B) "title insurance company" has the meaning given in 06 AS 21.66.480; 07 (C) "title insurance limited producer" has the meaning given in 08 AS 21.66.480; 09 (7) is a cemetery association organized and acting under AS 10.30; 10 (8) is a trustee for a voting trust under AS 10.06 and is acting in that 11 capacity; 12 (9) has a certified public accountant license issued under AS 08.04.105 13 or 08.04.195, the person is acting within the scope of the license, and the person and 14 any accounting firm of the person are not trustees of more trusts than the number 15 established for the person and accounting firm by the department by regulation or 16 order; in this paragraph, "accounting firm" means a partnership, a professional 17 corporation organized under AS 10.45, or another association organized for the 18 practice of public accounting and in which the person practices public accounting; 19 (10) holds real property in trust for the primary purpose of subdivision, 20 development, or sale or to facilitate a business transaction with respect to the real 21 property; 22 (11) serves as a trustee of a trust created by the person's family 23 members; 24 (12) holds money or other assets as a homeowners' association or 25 similar organization to pay maintenance and other related costs for commonly owned 26 property; in this paragraph, "homeowners' association" includes an association of 27 apartment owners under AS 34.07.450 and a unit owners' association or master 28 association under AS 34.08.990; 29 (13) holds money or other assets in connection with the collection of 30 debts or payments on loans by a person acting solely as the agent or representative at 31 the sole direction of the person to whom the debt or payment is owed, including
01 engaging in the business of an escrow agent; 02 (14) acts as a conservator if the person is appointed by a court of this 03 or another state or is qualified to act as a conservator under AS 13.26.320; 04 (15) acts as a personal representative if the person is appointed a 05 personal representative by a court of this or another state or is qualified to act as a 06 personal representative under AS 13.21.035; 07 (16) acts as a guardian or receiver if the person is appointed as a 08 guardian or receiver by a court of this or another state; 09 (17) is a business partner acting with regard to the business, or a co- 10 owner of property acting with regard to the co-owned property; 11 (18) serves as a trustee of one or more trusts in which the settlor is not 12 a family member of the person, except that the person may not at any one time serve 13 as a trustee for trusts that cumulatively have more than 10 different settlors; however, 14 the department may change by regulation or order the maximum number of settlors 15 allowed for this exemption; in this paragraph, two spouses [A HUSBAND AND 16 WIFE] who create a joint trust are considered to be one settlor. 17 * Sec. 3. AS 11.51.125(c) is amended to read: 18 (c) In a prosecution under this section, existing provisions of law prohibiting 19 the disclosure of confidential communications between spouses [HUSBAND AND 20 WIFE] do not apply, and both spouses [HUSBAND AND WIFE] are competent to 21 testify for or against each other as to all relevant matters, if a court order has awarded 22 custody to one spouse and visitation to the other. 23 * Sec. 4. AS 13.12.802 is amended to read: 24 Sec. 13.12.802. Effect of divorce, annulment, and decree of separation. (a) 25 An individual who is divorced from the decedent or whose marriage to the decedent 26 has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, 27 the individual is married to the decedent at the time of death. A decree of separation 28 that does not terminate the status of the spousal relationship [HUSBAND AND 29 WIFE] is not a divorce for purposes of this section. 30 (b) In AS 13.12.101 - 13.12.405 and AS 13.16.065, a surviving spouse does 31 not include
01 (1) an individual who obtains or consents to a final decree or judgment 02 of divorce from the decedent or an annulment of their marriage, if the decree or 03 judgment is not recognized as valid in this state, unless subsequently they participate 04 in a marriage ceremony purporting to marry each to the other or live together as 05 spouses [HUSBAND AND WIFE]; 06 (2) an individual who, following an invalid decree or judgment of 07 divorce or annulment obtained by the decedent, participates in a marriage ceremony 08 with a third individual; or 09 (3) an individual who was a party to a valid proceeding concluded by 10 an order purporting to terminate all marital property rights. 11 * Sec. 5. AS 13.12.804(j)(2) is amended to read: 12 (2) "divorce or annulment" means any divorce or annulment, or any 13 dissolution or declaration of invalidity of a marriage, that would exclude the spouse as 14 a surviving spouse within the meaning of AS 13.12.802; a decree of separation that 15 does not terminate the status of the spousal relationship [HUSBAND AND WIFE] is 16 not a divorce for purposes of this section; 17 * Sec. 6. AS 18.50.160(d) is amended to read: 18 (d) If the mother was married at conception, during the pregnancy, or at birth, 19 the name of the spouse [HUSBAND] shall be entered on the certificate as the second 20 parent [FATHER] of the child unless 21 (1) paternity has been lawfully determined otherwise by a tribunal, in 22 which case the name of the father, if determined by a tribunal, shall be entered; or 23 (2) both the mother and the mother's spouse [HUSBAND] execute 24 affidavits attesting that the spouse [HUSBAND] is not the second parent [FATHER] 25 and that another person [MAN] is the second parent [FATHER], and the mother and 26 the other person [MAN] execute affidavits attesting that the other person [MAN] is 27 the second parent [FATHER], so long as the affidavits meet the requirements of (g) 28 of this section. 29 * Sec. 7. AS 18.50.235(a) is amended to read: 30 (a) After a stillbirth occurs in the state, the person required to file a fetal death 31 registration under AS 18.50.240(b) shall advise the mother and, if the mother's
01 spouse or the father is present, the mother's spouse or the father 02 (1) that the parent may request the preparation of a certificate of birth 03 resulting in stillbirth; 04 (2) that the parent may obtain a certificate of birth resulting in stillbirth 05 by contacting the bureau; and 06 (3) of the contact information for the bureau. 07 * Sec. 8. AS 21.42.090 is amended to read: 08 Sec. 21.42.090. Application required, life and health insurance. A life or 09 health insurance contract on [UPON] an individual, except a contract of group life 10 insurance or of group or blanket health insurance, may not be made or carried out 11 [EFFECTUATED] unless at the time of the making of the contract the individual 12 insured, being of competent legal capacity to contract, applies for the contract or has 13 consented to it in writing, except in the following cases: 14 (1) a spouse may carry out [EFFECTUATE] the insurance on 15 [UPON] the other spouse; 16 (2) a person having an insurable interest in the life of a minor or a 17 person on [UPON] whom a minor is dependent for support and maintenance [,] may 18 carry out [EFFECTUATE] insurance on [UPON] the life of or pertaining to the 19 minor; 20 (3) family policies insuring any two or more members of a family may 21 be issued on an application signed by either parent, a stepparent, or by either spouse 22 [A HUSBAND OR WIFE]. 23 * Sec. 9. AS 21.51.020 is amended to read: 24 Sec. 21.51.020. Scope, format of policy. A policy of health insurance may not 25 be delivered or issued for delivery to a person in this state unless it otherwise complies 26 with this title, and complies with the following: 27 (1) the entire money and other considerations must be expressed in the 28 policy; 29 (2) the time the insurance takes effect and terminates must be 30 expressed in the policy; 31 (3) it must insure only one person, except that a policy may insure,
01 originally or by subsequent amendment, upon the application of an adult member of a 02 family, who shall be considered the policyholder, any two or more eligible members 03 of that family, including a spouse [HUSBAND, WIFE], dependent children, or any 04 children under a specified age, which may [SHALL] not exceed 23 years, and any 05 other person dependent on [UPON] the policyholder; 06 (4) the style, arrangement, and over-all appearance of the policy must 07 give no undue prominence to any portion of the text, and every printed portion of the 08 text of the policy and of endorsements or attached papers must be plainly printed in 09 light-faced type of a style in general use, the size of which must be uniform and not 10 less than 10 point with a lower case unspaced alphabet length not less than 120 point; 11 in this paragraph, text includes all printed matter except the name and address of the 12 insurer, name or title of the policy, the brief description, if any, and captions and 13 subcaptions; 14 (5) the exceptions and reductions of indemnity must be set out in the 15 policy and, other than those contained in AS 21.51.040 - 21.51.260, must be printed, at 16 the insurer's option, either included with the benefit provision to which they apply, or 17 under an appropriate caption such as "Exceptions," or "Exceptions and Reductions," 18 except that if an exception or reduction specifically applies only to a particular benefit 19 of the policy, a statement of the exception or reduction must be included with the 20 benefit provision to which it applies; 21 (6) each form, including riders and endorsements, must be identified 22 by a form number in the lower left-hand corner of the first page; 23 (7) the policy may not contain a provision making a portion of the 24 charter, rules, constitution, or bylaws of the insurer a part of the policy unless the 25 portion is set out in full in the policy; this paragraph does not apply to the 26 incorporation of, or reference to, a statement of rates or classification of risks, or short- 27 rate table filed with the director. 28 * Sec. 10. AS 23.30.055 is amended to read: 29 Sec. 23.30.055. Exclusiveness of liability. The liability of an employer 30 prescribed in AS 23.30.045 is exclusive and in place of all other liability of the 31 employer and any fellow employee to the employee, the employee's legal
01 representative, spouse [HUSBAND OR WIFE], parents, dependents, next of kin, and 02 anyone otherwise entitled to recover damages from the employer or fellow employee 03 at law or in admiralty on account of the injury or death. The liability of the employer 04 is exclusive even if the employee's claim is barred under AS 23.30.022. However, if 05 an employer fails to secure payment of compensation as required by this chapter, an 06 injured employee or the employee's legal representative in case death results from the 07 injury may elect to claim compensation under this chapter, or to maintain an action 08 against the employer at law or in admiralty for damages on account of the injury or 09 death. In that action, the defendant may not plead as a defense that the injury was 10 caused by the negligence of a fellow servant, or that the employee assumed the risk of 11 the employment, or that the injury was due to the contributory negligence of the 12 employee. In this section, "employer" includes, in addition to the meaning given in 13 AS 23.30.395, a person who, under AS 23.30.045(a), is liable for or potentially liable 14 for securing payment of compensation. 15 * Sec. 11. AS 25.05.011(a) is amended to read: 16 (a) Marriage is a civil contract entered into by two natural persons [ONE 17 MAN AND ONE WOMAN] that requires both a license and solemnization. Each 18 person shall [THE MAN AND THE WOMAN MUST EACH] be at least one of the 19 following: 20 (1) 18 years of age or older and otherwise capable; 21 (2) qualified for a license under AS 25.05.171; or 22 (3) a member of the armed forces of the United States while on active 23 duty. 24 * Sec. 12. AS 25.05.021 is amended to read: 25 Sec. 25.05.021. Prohibited marriages. Marriage is prohibited and void if 26 performed when 27 (1) either party to the proposed marriage has a spouse [HUSBAND 28 OR WIFE] living; or 29 (2) the parties to the proposed marriage are more closely related to 30 each other than the fourth degree of consanguinity, whether of the whole or half blood, 31 computed according to rules of the civil law.
01 * Sec. 13. AS 25.05.041(b) is amended to read: 02 (b) If a license has been issued and the marriage solemnized as provided in 03 this chapter and the parties to it have immediately thereafter assumed the habit and 04 repute of spouses [HUSBAND AND WIFE] and have continued to cohabit as spouses 05 [HUSBAND AND WIFE] for one year or until the death of either of them, the 06 marriage may [SHALL] not be void or voidable solely on the ground the license 07 cannot be produced. 08 * Sec. 14. AS 25.05.051 is amended to read: 09 Sec. 25.05.051. Effect of existing former marriage. If, during the lifetime of 10 a person [HUSBAND OR WIFE] with whom a marriage is still in force, the [A] 11 person remarries and the parties to the subsequent marriage live together as spouses 12 [HUSBAND AND WIFE], and one of the parties to the subsequent marriage believes 13 in good faith that the other party's spouse from the former marriage [HUSBAND 14 OR WIFE] is dead or that the former marriage has been annulled or dissolved by a 15 divorce or is without knowledge of the former marriage, then after the death or divorce 16 of the other party to the former marriage, if they continue to live together as spouses 17 [HUSBAND AND WIFE] in good faith on the part of one of them, they are legally 18 married from the time of removal of the impediment, and the issue of the subsequent 19 marriage are the legitimate issue of both parents, whether born before or after the 20 removal of the impediment. 21 * Sec. 15. AS 25.05.301 is amended to read: 22 Sec. 25.05.301. Form of solemnization. In the solemnization of marriage no 23 particular form is required except that the parties shall assent or declare in the 24 presence of each other and the person solemnizing the marriage and in the presence of 25 at least two competent witnesses that they take each other to be spouses [HUSBAND 26 AND WIFE]. A competent witness for this purpose is a person of sound mind capable 27 of understanding the seriousness of the ceremony. At the time of the ceremony, the 28 person solemnizing the marriage shall complete the certification on the original 29 marriage certificate. The person solemnizing the marriage and the two attending 30 witnesses shall sign the original marriage certificate and the necessary copies. 31 * Sec. 16. AS 25.05.361 is amended to read:
01 Sec. 25.05.361. Unlawful solemnization of marriage. A person who 02 solemnizes a marriage without first receiving a proper marriage license from the 03 parties as provided in this chapter or without the parties declaring to take each other as 04 spouses [HUSBAND AND WIFE], or without requiring the presence of two 05 competent witnesses; or who solemnizes a marriage involving a person under the legal 06 age of marriage without the consent of (1) the licensing official when authorized, or 07 (2) the parents or guardian of the underaged person, being stated in the license; or who 08 solemnizes a marriage knowing of any legal impediment thereto, or who solemnizes a 09 marriage after the expiration of the license, or who falsely certifies to the date of a 10 marriage solemnized by that person is guilty of a misdemeanor, and upon conviction is 11 punishable by imprisonment for not more than six months, or by a fine of not more 12 than $500, or by both. 13 * Sec. 17. AS 25.15.040 is amended to read: 14 Sec. 25.15.040. Authority to act as attorney-in-fact for each other. A 15 person who is married [HUSBAND OR WIFE] may appoint the person's spouse 16 [OTHER] as attorney-in-fact to control or dispose of property, and may revoke the 17 appointment to the same extent and manner as other persons. 18 * Sec. 18. AS 25.23.020(a) is amended to read: 19 (a) The following persons may adopt: 20 (1) two spouses [A HUSBAND AND WIFE] together; 21 (2) an unmarried adult; 22 (3) the unmarried father or mother of the person to be adopted; 23 (4) a married person without the other spouse joining as a petitioner, if 24 the person to be adopted is not the other spouse, and if 25 (A) the other spouse is a parent of the person to be adopted and 26 consents to the adoption; 27 (B) the petitioner and the other spouse are legally separated; or 28 (C) the failure of the other spouse to join in the petition or to 29 agree to the adoption is excused by the court by reason of prolonged 30 unexplained absence, unavailability, incapacity, or circumstances constituting 31 an unreasonable withholding of consent.
01 * Sec. 19. AS 25.23.040(a) is amended to read: 02 (a) Unless consent is not required under AS 25.23.050, a petition to adopt a 03 minor may be granted only if written consent to a particular adoption has been 04 executed by 05 (1) the legal parent of the minor, including 06 (A) the mother of the minor; 07 (B) [(2)] the father of the minor, if the father was married to the 08 mother at the time the minor was conceived or at any time after conception, the 09 minor is the father's child by adoption, or the father has otherwise legitimated 10 the minor under the laws of the state; 11 (C) the adoptive parent of the minor; 12 (D) the second parent of the minor, if the second parent was 13 married to the mother at the time the minor was conceived or at any time 14 after conception, or the second parent has otherwise legitimated the minor 15 under the laws of the state; or 16 (E) the second parent of the minor, if the second parent was 17 married to the adoptive parent of the minor at the time the minor was 18 adopted or at any time after adoption, or the second parent has otherwise 19 legitimated the minor under the laws of the state; 20 (2) [(3)] any person lawfully entitled to custody of the minor or 21 empowered to consent; 22 (3) [(4)] the court having jurisdiction to determine custody of the 23 minor, if the legal guardian or custodian of the person of the minor is not empowered 24 to consent to the adoption; 25 (4) [(5)] the minor, if 10 years of age or older, unless the court in the 26 best interest of the minor dispenses with the minor's consent; and 27 (5) [(6)] the spouse of the minor to be adopted. 28 * Sec. 20. AS 25.23.050(a) is amended to read: 29 (a) Consent to adoption is not required of 30 (1) for purposes of this section, a parent who has abandoned a child for 31 a period of at least six months;
01 (2) a parent of a child in the custody of another, if the parent for a 02 period of at least one year has failed significantly without justifiable cause, including 03 but not limited to indigency, 04 (A) to communicate meaningfully with the child, or 05 (B) to provide for the care and support of the child as required 06 by law or judicial decree; 07 (3) the father of a minor if the father's consent is not required by 08 AS 25.23.040(a)(1)(B) [AS 25.23.040(a)(2)]; 09 (4) a parent who has relinquished the right to consent under 10 AS 25.23.180; 11 (5) a parent whose parental rights have been terminated by order of the 12 court under AS 25.23.180(c)(3) or AS 47.10.080(c)(3); 13 (6) a parent judicially declared incompetent or mentally defective if the 14 court dispenses with the parent's consent; 15 (7) a parent of the person to be adopted, if the person is 18 or more 16 years of age; 17 (8) a guardian or custodian specified in AS 25.23.040(a)(2) or (3) 18 [AS 25.23.040(a)(3) OR (4)] who has failed to respond in writing to a request for 19 consent for a period of 60 days or who, after examination of the guardian's or 20 custodian's written reasons for withholding consent, is found by the court to be 21 withholding consent unreasonably; [OR] 22 (9) the spouse of the person to be adopted, if the requirement of 23 consent to the adoption is waived by the court by reason of prolonged unexplained 24 absence, unavailability, incapacity, or circumstances constituting an unreasonable 25 withholding of consent; or 26 (10) the second parent of a minor if the second parent's consent is 27 not required under AS 25.23.040(a)(1)(D) or (E). 28 * Sec. 21. AS 25.23.127 is amended to read: 29 Sec. 25.23.127. Adult family member preference to adopt. Taking into 30 consideration a child's stated preference under AS 25.23.125(a) and consent given 31 under AS 25.23.040(a)(4) [AS 25.23.040(a)(5)], and unless the court finds that a
01 petition to adopt the child by an adult family member is contrary to the best interest of 02 the child, the court shall grant a petition to adopt a child by an adult family member 03 who has had physical custody of the child for at least 12 consecutive months before 04 the parental rights to the child have been terminated. In this section, "adult family 05 member" has the meaning given in AS 47.10.990. 06 * Sec. 22. AS 25.24.010 is amended to read: 07 Sec. 25.24.010. Right of action for divorce. A person [HUSBAND OR 08 WIFE] may maintain an action against the person's spouse [OTHER] for divorce or 09 to have the marriage declared void. 10 * Sec. 23. AS 25.24.020 is repealed and reenacted to read: 11 Sec. 25.24.020. Void marriages. A marriage is void if the marriage is 12 prohibited by law for either of the following reasons: 13 (1) consanguinity between the persons; or 14 (2) a party to the marriage is already married, the person's spouse from 15 the preexisting marriage is still alive, and the preexisting marriage has not been 16 annulled or dissolved. 17 * Sec. 24. AS 25.24.030 is amended to read: 18 Sec. 25.24.030. Voidable marriages. A marriage may be declared void for 19 any of the following causes existing at the time of the marriage: 20 (1) that the party in whose behalf it is sought to have the marriage 21 declared void was under the age of legal consent, and the marriage was contracted 22 without the consent of the parents, guardian, or person having charge of that party, 23 unless, after attaining the age of consent, the party for any time freely cohabited with 24 the other as spouses [HUSBAND AND WIFE]; 25 (2) that either party was of unsound mind, unless that party, after 26 coming to reason, freely cohabited with the other as spouses [HUSBAND AND 27 WIFE]; 28 (3) that the consent of either party was obtained by fraud, unless that 29 party afterwards, with full knowledge of the facts constituting the fraud, freely 30 cohabited with the other as spouses [HUSBAND AND WIFE]; 31 (4) that the consent of either party was obtained by force, unless that
01 party afterwards freely cohabited with the other as spouses [HUSBAND AND WIFE]; 02 (5) failure to consummate the marriage at the time of the marriage and 03 continuing at the commencement of the action. 04 * Sec. 25. AS 25.24.040 is amended to read: 05 Sec. 25.24.040. Action to declare marriage valid. When a spouse [EITHER 06 THE HUSBAND OR WIFE] claims or pretends that the marriage is void or voidable, 07 the other spouse may bring an action to have the marriage declared valid. The court 08 may determine if the marriage is void from the beginning or from the time of the 09 judgment or that it is valid. 10 * Sec. 26. AS 25.24.200(a) is amended to read: 11 (a) Two spouses [A HUSBAND AND WIFE] together may petition the 12 superior court for the dissolution of their marriage under AS 25.24.200 - 25.24.260 if 13 the following conditions exist at the time of filing the petition: 14 (1) incompatibility of temperament has caused the irremediable 15 breakdown of the marriage; 16 (2) if there are unmarried children of the marriage under the age of 19 17 or one of the spouses [THE WIFE] is pregnant, and the spouses have agreed on which 18 spouse or third party is to be awarded custody of each minor child of the marriage and 19 the extent of visitation, including visitation by grandparents and other persons if in the 20 child's best interests, and support to be provided on the children's behalf, whether the 21 payments are to be made through the child support services agency, and the tax 22 consequences of that agreement; 23 (3) the spouses have agreed as to the distribution of all real and 24 personal property that is jointly owned or community property under AS 34.77, 25 including retirement benefits and the payment of spousal maintenance, if any, and the 26 tax consequences resulting from these payments; the agreement must be fair and just 27 and take into consideration the factors listed in AS 25.24.160(a)(2) and (4) so that the 28 economic effect of dissolution is fairly allocated; and 29 (4) the spouses have agreed as to the payment of all unpaid obligations 30 incurred by either or both of them and as to payment of obligations incurred jointly in 31 the future.
01 * Sec. 27. AS 25.24.200(b) is amended to read: 02 (b) A spouse [HUSBAND OR WIFE] may separately petition for dissolution 03 of their marriage under AS 25.24.200 - 25.24.260 if the following conditions exist at 04 the time of filing the petition: 05 (1) incompatibility of temperament, as evidenced by extended absence 06 or otherwise, has caused the irremediable breakdown of the marriage; 07 (2) the petitioning spouse has been unable to ascertain the other 08 spouse's position in regard to the dissolution of their marriage and in regard to the fair 09 and just division of property, including retirement benefits, spousal maintenance, 10 payment of debts, and custody, support and visitation because the whereabouts of the 11 other spouse is unknown to the petitioning spouse after reasonable efforts have been 12 made to locate the absent spouse; and 13 (3) the other spouse cannot be personally served with process inside or 14 outside the state. 15 * Sec. 28. AS 25.24.210(e) is amended to read: 16 (e) If the petition is filed by both spouses under AS 25.24.200(a), the petition 17 must state in detail the terms of the agreement between the spouses concerning the 18 custody of children, child support in terms of periodic payments and in terms of health 19 care expenses, visitation, spousal maintenance and tax consequences, if any, and fair 20 and just division of property, including retirement benefits. Agreements on spousal 21 maintenance and property division must fairly allocate the economic effect of 22 dissolution and take into consideration the factors listed in AS 25.24.160(a)(2) and (4). 23 In addition, the petition must state 24 (1) the respective occupations of the petitioners; 25 (2) the income, assets, and liabilities of the respective petitioners at the 26 time of filing the petition; 27 (3) the date and place of the marriage; 28 (4) the name, date of birth, and current marital, educational, and 29 custodial status of each child born of the marriage or adopted by the petitioners who is 30 under the age of 19; 31 (5) whether either spouse [THE WIFE] is pregnant;
01 (6) whether either petitioner requires medical care or treatment; 02 (7) whether any of the following has been issued or filed during the 03 marriage by or regarding either spouse as defendant, participant, or respondent: 04 (A) a criminal charge of a crime involving domestic violence; 05 (B) a protective order under AS 18.66.100 - 18.66.180; 06 (C) injunctive relief under former AS 25.35.010 or 25.35.020; 07 or 08 (D) a protective order issued in another jurisdiction and filed 09 with the court in this state under AS 18.66.140; 10 (8) whether either petitioner has received the advice of legal counsel 11 regarding a divorce or dissolution; 12 (9) other facts and circumstances that the petitioners believe should be 13 considered; 14 (10) that the petition constitutes the entire agreement between the 15 petitioners; and 16 (11) any other relief sought by the petitioners. 17 * Sec. 29. AS 25.24.400 is amended to read: 18 Sec. 25.24.400. Complaint for legal separation. A spouse [HUSBAND OR 19 A WIFE] may separately or jointly file a complaint in the superior court for a legal 20 separation. A legal separation may be granted not [NO] more than once to the same 21 married couple. 22 * Sec. 30. AS 25.25.316(i) is amended to read: 23 (i) The defense of immunity based on the spousal relationship [OF 24 HUSBAND AND WIFE] or the relationship of parent and child does not apply in a 25 proceeding under this chapter. 26 * Sec. 31. AS 25.30.480(d) is amended to read: 27 (d) A privilege against disclosure of marital communications [BETWEEN 28 SPOUSES] and a defense of immunity based on the spousal relationship [OF 29 HUSBAND AND WIFE] or the relationship of parent and child may not be invoked 30 in a proceeding under AS 25.30.400 - 25.30.590. 31 * Sec. 32. AS 34.07.090 is amended to read:
01 Sec. 34.07.090. Apartment ownership and possession. Each apartment 02 owner shall have exclusive ownership and possession of the owner's apartment, but 03 any apartment may be owned by two spouses [HUSBAND AND WIFE] as tenants by 04 the entirety or may be commonly owned by more than one person. 05 * Sec. 33. AS 34.07.190(b) is amended to read: 06 (b) Nothing in this chapter limits the right of partition by two spouses [A 07 HUSBAND AND WIFE] owning as tenants by the entirety or by the owners in 08 common of one or more of the apartments as to the ownership of the apartment or 09 apartments. 10 * Sec. 34. AS 34.15.010(b) is amended to read: 11 (b) In a deed or conveyance of the family home or homestead by a married 12 man or a married woman, the spouses [HUSBAND AND WIFE] shall join in the deed 13 or conveyance. 14 * Sec. 35. AS 34.15.110(b) is amended to read: 15 (b) Two spouses [A HUSBAND AND WIFE] who acquire title in real 16 property hold the estate as tenants by the entirety, except as provided by AS 34.77.100 17 or unless it is expressly declared otherwise in the conveyance or devise. The 18 conveyance shall recite the marital status of the parties acquiring title to the real 19 property. 20 * Sec. 36. AS 39.50.200(a)(2) is amended to read: 21 (2) "child" includes a biological child, a legal child, an adopted child, 22 and a stepchild; 23 * Sec. 37. AS 39.50.200(a)(7) is amended to read: 24 (7) "mother or father" includes a biological parent, a legal parent, an 25 adoptive parent, and a stepparent; 26 * Sec. 38. AS 47.10.110 is amended to read: 27 Sec. 47.10.110. Appointment of guardian or custodian. When, in the course 28 of a proceeding under this chapter, it appears to the court that the welfare of a minor 29 will be promoted by the appointment of a guardian or custodian of the minor's person, 30 the court may make the appointment. The court shall have a summons issued and 31 served on [UPON] the parents of the minor, if they can be found, in a manner and
01 within a time before the hearing that the court considers reasonable. The court may 02 determine whether a [THE] father, mother, another suitable person, or the department 03 shall have the custody and control of the minor. If the minor is of sufficient age and 04 intelligence to state desires, the court shall consider them. 05 * Sec. 39. AS 47.12.080 is amended to read: 06 Sec. 47.12.080. Release of minor. A minor who is taken into custody may, in 07 the discretion of the court and upon the written promise of the parent, guardian, or 08 custodian to bring the minor before the court at a time specified by the court, be 09 released to the care and custody of the parent, guardian, or custodian. The minor, if not 10 released, shall be detained as provided by AS 47.12.240. The court may determine 11 whether a [THE] father or mother or another person shall have the custody and control 12 of the minor for the duration of the proceedings. If the minor is of sufficient age and 13 intelligence to state desires, the court shall give consideration to the minor's desires. 14 * Sec. 40. AS 47.12.220 is amended to read: 15 Sec. 47.12.220. Appointment of guardian or custodian. When, in the course 16 of a proceeding under this chapter, it appears to the court that the welfare of a minor 17 will be promoted by the appointment of a guardian or custodian of the minor's person 18 or property, the court may make the appointment. The court shall have a summons 19 issued and served on [UPON] the parents of the minor, if they can be found, in a 20 manner and within a time before the hearing that the court considers reasonable. The 21 court may determine whether a [THE] father, mother, or the department shall have the 22 custody and control of the minor. If the minor is of sufficient age and intelligence to 23 state desires, the court shall consider them. The court may order either or both parents 24 to pay support for the minor's care to the guardian, custodian, or department. 25 * Sec. 41. AS 47.17.060 is amended to read: 26 Sec. 47.17.060. Evidence not privileged. Neither the physician-patient nor the 27 spousal [HUSBAND-WIFE] privilege is a ground for excluding evidence regarding a 28 child's harm, or its cause, in a judicial proceeding related to a report made under this 29 chapter. 30 * Sec. 42. AS 25.05.013 is repealed. 31 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the 03 heading of AS 25.15 from "Husband and Wife" to "Spouses."