North Dakota divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a North Dakota divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
North Dakota requires those filing a Complaint for Divorce in the District Court to have lived in the state for at least 6 months.
North Dakota Grounds for Divorce
As a mixed state, North Dakota residents may file for a divorce on either no-fault or fault-based grounds.
Uncontested Divorce in North Dakota
North Dakota does not have a summary divorce procedure, but they do offer a simplified dissolution of marriage if the couple can meet these requirements:
- Both parties agree on all the relevant issues of the divorce
- There are no minor children and the wife is not pregnant
- They fulfill the residency requirements
- The divorce petition is the only legal action between the spouses
Contested Divorce in North Dakota
If the parties cannot agree on all the elements of the divorce, they must pursue a contested divorce. These actions are much more difficult, and require the help of a divorce lawyer to help complete the negotiations with the hope of achieving agreement, or present their cases in court.
Annulment in North Dakota
If someone is in an illegal marriage and wants to make that marriage null and void, they must file for an annulment. While this will clear the record, legally, and it will be as if the marriage never happened, it is difficult to prove the grounds:
- Fraud and duress
- Mental illness
- Physical disability that is affecting the relationship
- Bigamy and polygamy
No Fault Divorce in North Dakota
In order to file for a no-fault divorce in North Dakota, the parties must be able to prove that there are irreconcilable differences, with no hope of reconciliation.
North Dakota Fault Divorce
Fault-based divorce in the state of North Dakota may be granted if these grounds apply:
- Adultery
- Felony conviction
- Wilful desertion
- Cruelty
- Wilful neglect
- Drug or alcohol abuse
North Dakota Divorce and Child Custody
Child Custody Laws
The best interests of the child are the first consideration in North Dakota custody cases. However, the courts also consider a number of other factors:
- The emotional ties between the parents and child
- The ability of the parents to provide appropriate affection, guidance, and education
- The ability of the parents to provide food, clothing, medical care, and other practical needs
- The duration of a stable living situation for the child and the desirability of continuing such a situation
- The stability of the proposed custodial home
- The parents’ moral fitness
- The parents’ health
- The child’s home, school, and community record
- Any evidence of domestic violence
- The child’s relationship with anyone else who may live in the custodial home
- Any false allegations by one parent against the other, not made in good faith, which harms the child
Child Alimony
North Dakota courts may order either parent to pay child support, based on such factors as:
- The parents’ income and assets
- Any evidence of hardship for either parent
- North Dakota child support guidelines will generally determine the amount of support awarded, and those orders are reviewed every 3 years.
Parents in North Dakota use the Percent of Income Model in combination with standard Child Support Worksheets to calculate support estimates.
North Dakota Divorce Spousal Support
The District Court in North Dakota generally orders any spousal support payments as appropriate to each case. Such orders can last for any length of time the court sees fit, and they may be modified at any time.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in North Dakota
Spouses in the military are protected by North Dakota law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From a North Dakota Divorce Lawyer
While some of the requirements for filing a divorce in North Dakota may not be as complex as those in some other states, they still require specific efforts at compliance in a correct and timely manner. For un-contested divorces, the parties may be able to fulfill those requirements personally. However, when there are points of contention, it can be essential to contact a divorce attorney who not only knows all of the state and local requirements, they know how to best represent their client and bring about the kind of solution they deserve.