North Dakota Divorce Laws

North Dakota Divorce Laws
Under most circumstances under North Dakota divorce laws, a court will not allow divorce proceedings to continue if the spouse filing for divorce has not been a resident of North Dakota for the previous six consecutive months prior to filing.

In terms of the circumstances under which one spouse is deemed to be at fault and the marriage can thus be dissolved, North Dakota is fairly similar to most other states. A divorce can take place if a spouse commits adultery or takes actions toward the other spouse which fall under the category of extreme cruelty. A divorce can also be carried out if one spouse deliberately and wilfully neglects or abandons the other spouse. Abuse of alcohol or other drugs is also grounds for divorce under North Dakota divorce laws. These are all laws which are common to most states throughout the U.S.

The one fault which differs to many other states but which is included under North Dakota divorce laws is that of criminal conviction. In most states there is a similar grounds for divorce, but it requires the incarceration of the spouse for a particular period of time. According to North Dakota divorce laws, the conviction on its own is enough to be cited as a fault upon which divorce proceedings can be founded.

Apart from these circumstances, divorce can also be filed on a No Fault basis citing irreconcilable differences as the reason.

How Property is Divided
North Dakota, like most U.S. states, follows a principle of equitable distribution when it comes to divided up marital property after the divorce. This means that property will be divided according to a wide range of principles relating to the relative financial standing and future obligations and opportunities of each spouse. For instance, the spouse who is awarded primary custody of any children is likely to be awarded a larger share of property due to the burden of having to raise the children. The same rule applies to any debts the family may have.

Many people confuse the meaning of equitable distribution, thinking a divorce will result in a half-and-half split. Most of the time this is not the case, unless you and you spouse can agree to such a division on good terms. But the nature of property is such that an equal halving is often not possible – such as in the case of a family home. If you are unable to settle the division of property with your spouse out of court, the court system may end up awarding you less than half of the property in terms of actual monetary value if, for instance, you have a much higher salary than your spouse or better prospects for high-paying employment in the future.

Custody of Children
When the two spouses can’t agree on a workable settlement for child custody and visitation, the courts will step in to decide this based on a variety of factors. This can include issues such as which parent has the most experience caring for the children, the age of the children, and which parent is most likely to encourage relationships between the children and the other partner after the divorce. Other factors such as ensuring the continued education of the child are also considered.

If there is a strong reason why you think your partner should not have access to the children, such as past physical abuse or excessive drinking, make this clear in court.

In the event that you disagree with the court’s ruling with regards to child custody, you can appeal this through mediation. This can be initiated by either side. For instance if you are forbidden from visiting your children and you feel this is unfair, you can enter into mediation. Likewise, if you are on the other side and you win custody but your spouse is granted visitation rights and you fear for the safety of the children if they have continued contact with your spouse, you take can such issues to mediation.

Spousal Support and Child Support
Following the divorce one spouse may be required to make ongoing payments to the other, either in the form of child support, spousal support (alimony), or both. These payments can be ordered to go on indefinitely or for a limited time period. Child support is often ordered in the event that supporting the children will make covering living costs difficult for the spouse with custody. Alimony on the other hand can be ordered regardless of whether the marriage has produced children or not, if one spouse will experience a large drop in income and lifestyle due to the divorce.

If you are the wife in the marriage and you wish to return to the use of your maiden name after the divorce, you can also bring this up during the proceedings.

SBI!