Grounds for Divorce in North Dakota
In North Dakota, divorces can be granted on several grounds as outlined in the North Dakota Century Code 14-05-03. These grounds include adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, conviction of a felony, and irreconcilable differences.
Definition of Grounds
Each ground for divorce has a specific definition under North Dakota law. For instance, adultery is defined as the voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife (14-05-04). Extreme cruelty is the infliction by one party to the marriage of grievous bodily injury or grievous mental suffering upon the other (14-05-05). Willful desertion and willful neglect must continue for one year before either is a ground for a divorce (14-05-09).
Divorce in Absentia
In cases where a spouse cannot be located, North Dakota law provides for a process known as divorce in absentia. This process allows a person to file for divorce even if they do not know the whereabouts of their spouse.
Procedure for Divorce in Absentia
The procedure for divorce in absentia is outlined in the North Dakota Century Code. If a husband or wife abandons the other and removes from the state and is absent therefrom for one year without providing for the maintenance and support of that person’s family, the district court of the county where the abandoned spouse resides may authorize that person to manage, control, sell, or encumber the property of the absent spouse for the support and maintenance of the family and for the purpose of paying debts contracted prior to such abandonment (14-05-18).
Notice of such proceedings must be given to the absent spouse and must be served as a summons is served in ordinary actions. If the absent spouse cannot be located, the court may allow for service by publication. This involves publishing the notice in a newspaper of general circulation in the area where the absent spouse is believed to be or in the area where the divorce is being filed.
Presumption of Domicile
In actions for divorce in North Dakota, the presumption of law that the domicile of the husband is the domicile of the wife does not apply. After separation, each party may have a separate domicile, depending for proof upon actual residence and not upon legal presumptions (14-05-18).
Conclusion
In conclusion, it is possible to obtain a divorce in North Dakota even if you do not know the whereabouts of your spouse. The process involves filing for divorce in absentia and may require service by publication. It is advisable to consult with a legal professional to ensure that all procedures are correctly followed and that your rights are protected throughout the process.