Living Arrangements During Divorce Proceedings
In North Dakota, the law does not explicitly prohibit spouses from living together during the divorce process. However, the living arrangements during the divorce process can have implications on various aspects of the divorce proceedings, such as the determination of domicile, the presumption of reconciliation, and the application of spousal privileges.
Determination of Domicile
According to North Dakota Century Code 14-05-18, in actions for divorce, 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. This means that even if spouses continue to live together during the divorce process, each spouse can establish a separate domicile based on their actual residence. However, living together may complicate the process of proving separate domiciles.
Presumption of Reconciliation
Under North Dakota law, if spouses continue to live together during the divorce process, it may give rise to a presumption of reconciliation. This presumption can potentially delay the divorce proceedings, as the court may require additional evidence to rebut the presumption of reconciliation. However, the presumption arising from lapse of time may be rebutted by showing reasonable grounds for the delay in commencing the action.
Spousal Privileges
According to North Dakota Rules of Evidence Rule 8.3, there are certain exceptions to spousal privileges in civil proceedings where the spouses are adverse parties. If spouses continue to live together during the divorce process, it may affect the application of these privileges. For example, if one spouse is charged with a crime or tort against the other spouse, the spousal privilege may not apply.
In conclusion, while North Dakota law does not explicitly prohibit spouses from living together during the divorce process, doing so can have implications on various aspects of the divorce proceedings. Therefore, it is advisable for spouses to consult with a legal professional to understand the potential legal implications of their living arrangements during the divorce process.