Service of Divorce Petition in North Dakota
In North Dakota, the process of serving a divorce petition is governed by the North Dakota Rules of Civil Procedure and the North Dakota Century Code. The process is initiated when one spouse (the plaintiff) files a complaint for divorce with the district court in the county where either spouse resides. The other spouse (the defendant) is then served with a summons and a copy of the complaint, which notifies them of the divorce action and their rights and responsibilities.
Summons and Complaint
The summons is a legal document that informs the defendant that they are being sued for divorce and that they have a specific time period to respond. According to the North Dakota Century Code, the defendant is required to appear and defend against the complaint within twenty-one days after the service of the summons, exclusive of the day of service. If the defendant fails to do so, a judgment by default may be taken against them for the relief demanded in the complaint (APPENDIX A. SUMMONS IN ACTION FOR DIVORCE OR SEPARATION, Effective Date: 3/1/2011).
The complaint, on the other hand, outlines the grounds for divorce, the division of property, child custody, and any other relevant issues.
Methods of Service
The North Dakota Rules of Civil Procedure stipulate the methods by which the summons and complaint can be served. The primary method is personal service, which involves delivering the documents directly to the defendant. If the identity and address of the defendant are known, or can be ascertained with reasonable diligence, the defendant must be personally served the petition and notice for termination of parental rights (North Dakota Rules of Civil Procedure).
In cases where the defendant’s location is known but their identity cannot be ascertained with reasonable diligence, notice must be given by publication of the petition at least once a week for three consecutive weeks in the official newspaper of the county in which the unknown defendant is located.
Electronic Service
In addition to personal service and service by publication, the North Dakota Rules of Court also allow for electronic service of documents. All documents filed electronically after the initiating pleadings must be served electronically through the Odyssey system, except for documents served on or by self-represented litigants and prisoners (N.D.R.Ct. 3.5(e)(1)). However, electronic service of a document is not effective if the party making service learns through any means that the document did not reach the person to be served (N.D.R.Ct. 3.5(e)(2)).
Temporary Restraining Provisions
Upon service of the summons, both spouses are bound by certain temporary restraining provisions under Rule 8.4 of the North Dakota Rules of Court. These provisions include restrictions on disposing of assets, harassing the other spouse, changing insurance coverage, and removing minor children from North Dakota without the written consent of the other spouse or order of the court.
In conclusion, the service of a divorce petition in North Dakota involves several steps and must adhere to specific rules and procedures. It is crucial for both parties to understand these procedures to ensure their rights are protected during the divorce process.