Waiting Period for Divorce in North Dakota
In the state of North Dakota, there is a residency requirement but no mandatory waiting period for divorce. According to North Dakota Century Code § 14-05-17, at least one of the spouses must have been a resident of the state for at least six months prior to filing for divorce. However, once the divorce petition is filed and served, there is no statutory waiting period before the court can finalize the divorce.
Residency Requirement
As per North Dakota Century Code § 14-05-17, the plaintiff or the defendant in a divorce case must have been a resident of the state for at least six months before the commencement of the action. The residency requirement is a prerequisite for the court to have jurisdiction over the divorce case. If neither spouse meets this requirement, the court may dismiss the case or stay it until the requirement is met.
No Mandatory Waiting Period
Unlike some states, North Dakota does not impose a mandatory waiting period between the filing of the divorce petition and the finalization of the divorce. Once the divorce petition is filed and served, the court can proceed with the divorce proceedings without any delay. However, the defendant spouse has 21 days to respond to the divorce petition after being served, as per the North Dakota Rules of Court Rule 8.4. If the defendant fails to respond within this period, the court may enter a default judgment in favor of the plaintiff.
Temporary Restraining Provisions
Upon service of the summons in a divorce action, both spouses are bound by certain restraining provisions under North Dakota Rules of Court Rule 8.4. These provisions include restrictions on disposing of assets, harassing the other spouse, changing insurance coverage, and removing minor children from the state without the other spouse’s written consent or a court order. Violation of these provisions may result in contempt of court.
Mediation Process
In certain cases involving disputes over parental rights and responsibilities, the court may refer the parties to family mediation. As per North Dakota Rules of Court Rule 8.4(c), such referrals are made by the district court clerk within 10 days of filing. Mediation can be a useful tool for resolving disputes and reaching an agreement on contentious issues, potentially expediting the divorce process.
In conclusion, while there is a residency requirement for filing for divorce in North Dakota, there is no mandatory waiting period before the divorce can be finalized. However, the time it takes to finalize a divorce can vary depending on the complexity of the case, the court’s schedule, and whether the parties are able to reach an agreement on issues such as property division, child custody, and spousal support.