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North
Dakota Divorce Laws
Once your order has been
received it will be forwarded to the North Dakota paralegal who
will be assigned to your case for the duration of the process. Your
assigned paralegal will answer any questions that you have and process
your documents.
Our North Dakota Paralegals
are specifically trained in North Dakota divorce procedures and
will assist you in getting the fastest, easiest, and most affordable
d
RESIDENCY
REQUIREMENTS AND WHERE TO FILE: The spouse
filing for divorce must be a resident of North Dakota for at least
6 months prior to the filing of the divorce or the entry of the
final divorce. If the defendant is a resident of North Dakota, the
divorce must be filed in the county where the defendant resides.
If the defendant is not a resident, the divorce may be filed for
in any county that the plaintiff designates in the complaint. [North
Dakota Century Code; Chapters 14-05-17 and 28-04-05].
LEGAL
GROUNDS FOR DIVORCE: No-Fault: Irreconcilable differences. [North
Dakota Century Code; Chapter 14-05-03]. General: (1) adultery; (2)
confinement for incurable insanity for a period of 5 years; (3)
conviction of a felony; (4) willful desertion; (5) cruel and inhuman
treatment; (6) willful neglect; and (7) habitual intemperance (drunkenness).
[North Dakota Century Code; Chapter 14-06-01]. NAME OF COURT IN
WHICH TO FILE FOR DIVORCE: District Court. " State of North Dakota,
County of __________, In the District Court, __________ Judicial
District". TITLE OF DIVORCE ACTION: Complaint for Divorce. NAME
USED TO DESCRIBE SPOUSE FILING FOR DIVORCE: Plaintiff. NAME USED
TO DESCRIBE OTHER SPOUSE IN DIVORCE: Defendant. TITLE OF FINAL DIVORCE
PAPERS: Decree of Divorce.
LEGAL
SEPARATION: The grounds for legal separation (separation from
bed and board) in North Dakota are: (1) irreconcilable differences;
(2) adultery; (3) confinement for incurable insanity for a period
of 5 years; (4) conviction of a felony; (5) willful desertion; (6)
cruel and inhuman treatment; (7) willful neglect; and (8) habitual
intemperance (drunkenness). The spouse filing for legal separation
must be a resident of North Dakota for at least 6 months prior to
the entry of the legal separation or commencement of the action.
[North Dakota Century Code; Chapters 14-05-03, 14-06-01, and 14-06-06].
SIMPLIFIED
OR SPECIAL DIVORCE PROCEDURES: Separation agreements are specifically
authorized by statute. [North Dakota Century Code; Chapter 14-07-07].
MEDIATION
OR COUNSELING REQUIREMENTS: In an action for divorce or legal
separation where child support or child custody is an issue, the
court may order the parents to submit to mediation, unless there
has been physical or sexual abuse of a spouse or child. [North Dakota
Century Code; Chapter 14-09.1-02].
PROPERTY
DISTRIBUTION: North Dakota is an "equitable distribution" state.
All of the spouse's property, including gifts, inheritances, and
any acquired prior to the marriage, will be equitably distributed
as the court feels is just and proper. There are no factors for
consideration specified in the statute. [North Dakota Century Code;
Chapter 14-05-24].
ALIMONY/MAINTENANCE/SPOUSAL
SUPPORT: Either spouse may be required to make allowances for
the support of the other spouse for his or her entire life or a
shorter period. All of the circumstances of the situation may be
considered. There are no other specific factors for consideration
set out in the statute. Support payments may be required to be made
through the clerk of the court. [North Dakota Century Code; Chapter
14-05-24].
SPOUSE'S
NAME: Upon request, a wife's former or maiden name may be restored.
[North Dakota Case Law].
CHILD
CUSTODY: Child custody is awarded according to the best interests
and welfare of the child, and based on the following factors: (1)
moral fitness of the parents; (2) capability and desire of each
parent to meet the child's needs; (3) preference of the child, if
the child is of sufficient age and capacity; (4) the love and affection
existing between the child and each parent; (5) the length of time
the child has lived in a stable, satisfactory environment and the
desirability of maintaining continuity; (6) the child's adjustment
to his or her home, school, and community; (7) the mental and physical
health of the parents; (8) the stability of the home environment
likely to be offered by each parent; (9) the child's interaction
with anyone who resides with a parent, including such person's history
of violence of any type; (10) any spouse or child abuse or sexual
abuse or history of domestic violence or violence of any type; (11)
the capacity and disposition of the parents to give the child love,
affection, guidance, and continue the child's education; (12) the
permanence, as a family unit, of the proposed r existing custodial
home; (13) the making of any false accusations by one parent against
the other; and (14) any other factors. Any evidence of child or
spouse abuse or domestic violence creates a presumption that custody
or visitation with that parent would not be in the best interests
of the child. If there is any evidence of sexual abuse of a child,
the court is required to prohibit any visitation or contact with
that parent unless the parent has completed counseling and the court
determines that supervised visitation is in the best interests of
the child. Both parents are considered to be equally entitled to
custody of a child. [North Dakota Century Code; Chapters 14-05-22,
14-09-06, 14-09-06.1 and 14-09-06.2].
CHILD
SUPPORT: Either parent may be ordered to pay child support.
The amount awarded will be based on consideration of the amount
that is needed to give the child support and an education suitable
to the child's circumstances. There are specific child support guidelines
that the court will consider which have been prepared by the North
Dakota Department of Human Services. Until June 30, 1999, child
support payments are required to be paid through the state disbursement
office. All child support orders will be reviewed every 3 years,
unless neither parent requests such a review. [North Dakota Century
Code; Chapters 14-09-08, 14-09-08.1, 14-09-08.4, and 14-09-09.7]
PREMARITAL
AGREEMENT: The agreement must be in writing and signed by both
parties and enforceable without consideration. The agreement is
enforceable if proven that (1) the agreement was not executed voluntarily;
(2) the agreement was unconscionable when executed and before execution
of the agreement, the party was not provided fair and reasonable
disclosure of the other party's financial or property obligations,
did not voluntarily waive disclosure of these obligations and did
not have notice of them; (3) if the agreement modifies or eliminates
spousal support and that causes the other party to be eligible for
public assistance. If a court finds that to enforce the agreement
would be unconscionable, it may refuse to enforce it. If the marriage
is determined to be void, the agreement is enforceable only to the
extent necessary to avoid an inequitable result. [North Dakota Century
Code; Chapters 14-3.1-03, 14-3.1-06, 14-3.1-07, and 14-3.1-08].
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