Services

DIVORCE

In the state of Alaska, spouses may decide to end their marriage through the dissolution process if they can come to agreement on their property distribution and child custody, if applicable. If spouses are unable to reach an agreement on all issues, they petition the Alaska Superior Court to make the final decisions. Alaska requires both parties to exchange information under the Alaska Court Rules, which allows spouses to gain financial information before a trial is held. The court will require sufficient information to decide how to fairly and equitably divide all assets and debts. These aspects can make the divorce process long and challenging, especially without the help of an experienced divorce attorney.

There are several different legal arguments that may be applicable to determine whether assets and debts are considered separate or marital property. Under certain circumstances, a spouse may be eligible for spousal support for a period of time, and interim orders may be necessary before a final decision can be made with regard to a home, vehicle, business, or other asset.

As Alaskan divorce attorneys, we work with our clients to obtain the information needed to fully advocate for their positions and best interests. We use experience to advise clients on potential outcomes at trial and creative resolutions to reach agreements.

DISSOLUTION

The process of obtaining a dissolution, also known as an uncontested divorce, can still be an emotional and stressful time. When you and your spouse agree on all of the issues required to end your marriage, the assistance of counsel can streamline the process and ensure that nothing is overlooked in the agreement. The parties need to complete, execute, and file documents with the court. We assist our clients with the paperwork, scheduling a hearing, and appearing before a judge to finalize your agreement.

CHILD CUSTODY

In Alaska, if parents of minor children are unable to agree on custody and visitation, the Alaska Superior Court will make a determination of what it feels is in the child’s best interest. This can be a very emotional time for parents and the legal process can be overwhelming and challenging to navigate without the help of an attorney experienced. There may be several stages of a custody proceeding, including: interim motion hearings and orders, a variety of applicable emergency motions, status hearings, and a final custody trial. There are opportunities for the resolution of custody disputes via mediation and settlement conferences if both parties agree to participate.​

Often parents experience substance abuse and/or domestic violence that is relevant to the court’s determination of what is in the child’s best interest. Alaska has a domestic violence statute, which prevents a parent with a history of domestic violence from having shared legal or physical custody. Unmarried couples often file custody cases to get their rights to their child(ren) enforced by the court. In some cases, paternity may need to be established. An attorney can help you understand the process, advise you on the rights of everyone involved, advise you on the options and possible outcomes, draft and answer motions and other required legal documents, and represent you before the court. We have experience litigating and reaching agreements in all of the above scenarios. It is very important to obtain a custody agreement or order that addresses issues that may arise in the future to try and avoid future litigation.

CHILD SUPPORT

Alaska has specific child support guidelines that are used to calculate child support. The amount varies based on income, number of children, and percentage of custody. There are deductions that some people are eligible for when calculating child support. The Alaska Court System utilizes specific forms to make child support determinations. ​Some cases involve discovery and evidence gathering to uncover unreported income and determine the actual income earned by a parent, common amongst self-employed individuals. You may need to present to the court evidence to show that the reported income of someone is too low and that a higher income must be used to determine the child support calculation. An attorney can help you with the calculations, advise you on your rights, file and respond to motions and discovery, represent you at hearings, assist you in enforcement, and advocate for a higher or lower duty of child support depending on the facts and circumstances. We have experience litigating and reaching agreements in all of the above scenarios. The State of Alaska Child Support Services Division offers child support assistance. We advise my clients on whether they should pursue child support assistance from CSSD or the court or both. We also assist clients in understanding and working with CSSD.

MODIFICATIONS

Parents can request a Modification of Child Custody, Modification of Child Support or both from the court if changes have occurred that satisfy the thresholds established under Alaska Law and the courts to be eligible for a modification. ​Modifications are necessary when a change in circumstances has occurred since the original orders were determined by the Court or Child Support Services Division. Examples of possible changes include a move by a parent to another city or state, new substance abuse issues by a parent, child endangerment by a parent, domestic violence in the child’s home, or changes of income of 15% or more. Not all changes entitle a parent to a modification. We advise people and represent them in these situations based on our experience and understanding of the law.

ADOPTIONS

The process of adoption can be both exciting and stressful navigating the legal system. We assist families in private adoptions and State approved adoptions by the Office of Children’s Services. Many people opt to hire an adoption attorney to deal with the legal aspects an adoption entails, which allows the prospective parents to focus on the significance and joy of a new addition to the family. An attorney can guide the parents through the legal system in an efficient manner and is available for tough legal questions, should the need arise. The Nyquist Law Group has helped many families adopt. The Nyquist Law Group provides effective representation and can help streamline the adoption process so the family may focus on the significant occasion of adoption.

APPEALS

Appeals have very specific rules that must be followed in order to be accepted. We are able to offer guidance as to whether your case presents issues for appeal. If your case presents issues for an appeal, we have the skills necessary to assist you in the brief writing and presentation to the Alaska Supreme Court. ​We have successfully argued and prevailed on appeal in several cases. Ms. Nyquist has represented clients in 31 appeals to the Alaska Supreme Court. Several of the cases she has prevailed in are regularly cited in divorces in Alaska.

DUI/OUI REFUSAL

​In Alaska, it is against the law to be in the driver’s seat of a motor vehicle while impaired, whether that impairment is due to alcohol, drugs, or even some prescription medications. If found by law enforcement to be in violation of this law, you could be charged with the crime of Operating Under the Influence (OUI), even if you are not actually driving the motor vehicle. The law does not only require that the person be using a car, truck, or motorcycle; it can also apply to situations involving boats, heavy equipment such as excavators, or even bicycles with a motor. It is also a crime in Alaska when a person fails to provide a breath sample when directed to by law enforcement, and that criminal charge carries very similar implications and consequences.

​Alaska has in place some of the most complex laws and sentencing complications nationwide for OUI and related crimes. An OUI can be a felony or a misdemeanor, depending on a person’s criminal history or whether someone was injured because of the impaired driver. You do not need to be an Alaska resident to be charged with these crimes, but having a local DUI/OUI/Refusal attorney can help you navigate the Alaska Court System and make the process simpler for you. Having a conviction for OUI or Refusal might cause you to have difficulty driving through Canada, or if you are not a US Citizen, there might also be additional immigration consequences if you are convicted of these crimes. Your privilege to drive may be impacted even though you have not yet been convicted of a crime (and even though you might live outside of Alaska), it is very important to speak with an attorney right away if you have been arrested or cited with OUI in Alaska, or think you could be.

Because of the vast advances in science and technology, there are many mechanisms to challenge Alaska’s OUI laws, but it takes a skilled practitioner in this area to guide someone through charges such as these. Understanding the science relating to field sobriety testing and breath and/or blood sample testing procedures, as well as the local treatment providers and post-sentencing requirements. We continue to follow the trends in OUI law as well, including knowledge of recent court decisions involving impairment due to prescription sleep-aids.

The information above is for reference only and does not constitute representation by this office. For more information regarding DUI/OUI or Refusal criminal charges, or to speak with someone who can answer your questions on these issues, please call to schedule an appointment.

MILITARY

Kara Nyquist, Attorney and Owner, and former military wife, understands the challenges and sacrifices faced by military service members and dependents. There are rules, regulations, and laws that apply specifically to military divorces, child support, child custody, retirement, and other benefits that do not apply to non-military families. She has represented many military members and dependents over the years and has negotiated and litigated agreements where her clients obtained benefits that they otherwise may not have received, and where clients did not have to forgo their benefits.

PET CUSTODY

Alaska is the 1st state in the country to pass laws relating to the custody and support of pets. A majority of people consider pets part of their family, and when the family breaks up due to divorce or separation, the courts can now address the well-being of the parties’ pets as part of that case. A party can request placement of the pet with them, as well as financial support from the other party for the care and well-being of the pet. These laws especially protect victims of domestic violence, as studies show that perpetrators of domestic violence frequently use the parties’ pets as tools of power and control over the victim. Nyquist Law Group is on the forefront of bringing pet custody issues before the courts in divorce, separation, and domestic violence cases. If you have questions regarding custody or support for your pet, call to schedule a consultation.

UNBUNDLED SERVICES

If you need an attorney but cannot fund full representation or only need assistance with parts of your case, we provide “unbundled” or limited legal services for a discrete task or part of your case.

Unbundled services include:
Consultation on how to proceed or gather evidence, child support calculations, review of completed documents, drafting documents and motions or responses, negotiations, and appearances at a hearing(s).

Please note that you are responsible for and in control of your case when unbundled services are provided on a limited basis.