Enforcing a Divorce Decree in North Dakota
In North Dakota, a divorce decree is a legally binding court order that outlines the rights and responsibilities of each party following the dissolution of their marriage. It typically includes provisions for property division, child custody, child support, and spousal support. If a party fails to comply with the terms of the divorce decree, the other party has legal recourse to enforce the decree. This article will provide a detailed overview of the process and legal requirements for enforcing a divorce decree in North Dakota.
Understanding the Divorce Decree
A divorce decree is issued by a court of competent jurisdiction, effectively dissolving the marriage between two parties (North Dakota Century Code 14-05-01). The decree restores the parties to the state of unmarried persons and may include provisions regarding the right to remarry (North Dakota Century Code 14-05-02). It is important to note that each decree of divorce must include the social security numbers of the parties to the divorce (North Dakota Century Code 14-05-02.1).
Non-Compliance with the Divorce Decree
Non-compliance with a divorce decree can take many forms, including failure to pay child or spousal support, refusal to adhere to custody or visitation arrangements, or failure to divide property as stipulated in the decree. If a party disposes of, sells, encumbers, or otherwise dissipates assets during the interim period, that spouse shall provide to the other spouse an accounting within 30 days (Rule 8.4).
Legal Recourse for Non-Compliance
If a party fails to comply with the terms of the divorce decree, the other party can take legal action to enforce the decree. This typically involves filing a motion for contempt of court. The party filing the motion must provide evidence of the other party’s non-compliance. If the court finds that the party is indeed in contempt, it may impose penalties, which can include fines, jail time, or both.
Modification of the Divorce Decree
In some cases, a party may seek to modify the terms of the divorce decree. The court has jurisdiction to modify the decree of divorce at any time so as to permit one or both of the parties to marry, if the court deems it right (North Dakota Century Code 14-05-02). However, modifications typically require a significant change in circumstances, such as a substantial change in income, relocation, or changes in the needs or best interests of a child.
Conclusion
Enforcing a divorce decree in North Dakota involves understanding the terms of the decree, identifying non-compliance, and taking legal action to enforce the decree. It is advisable to consult with a legal professional to navigate this process effectively. Remember, a divorce decree is a legally binding document, and failure to comply with its terms can result in serious legal consequences.