Grounds for Divorce in North Dakota
In North Dakota, a divorce can be granted on the grounds of irreconcilable differences, which is a no-fault ground, or on fault grounds such as adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, and conviction of a felony (North Dakota Century Code § 14-05-03).
Adultery as Grounds for Divorce
Adultery is defined as voluntary sexual intercourse between a married person and a person other than the offender’s spouse. In North Dakota, adultery is recognized as a fault ground for divorce. However, it’s important to note that the court will only consider adultery as grounds for divorce if it is proven by clear and convincing evidence (North Dakota Century Code § 14-05-03.1).
Division of Property in North Dakota
North Dakota is an equitable distribution state, which means that marital property is divided in a manner that the court deems fair and equitable, but not necessarily equal. The court considers a variety of factors in determining the division of property, including the duration of the marriage, the age and health of the parties, their earning abilities, and the conduct of the parties during the marriage (North Dakota Century Code § 14-05-24).
Impact of Adultery on Property Division
In North Dakota, the court is not allowed to consider marital misconduct, such as adultery, when dividing marital property. The court’s focus is on equitable distribution, which means fairness based on the specific circumstances of the case. Therefore, infidelity does not affect property division in a North Dakota divorce.
However, it’s important to note that while adultery does not directly impact the division of property, it may have indirect effects. For instance, if a spouse used marital assets to support an extramarital affair, the court may consider this wasteful dissipation of marital assets when dividing property.
Spousal Support and Adultery
While adultery does not affect property division, it can potentially impact spousal support awards. In North Dakota, the court may consider a spouse’s marital misconduct when determining whether to award spousal support and the amount of such support. However, the court will also consider other factors such as the financial resources of the spouse seeking maintenance, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment, and the standard of living established during the marriage (North Dakota Century Code § 14-05-24.1).
In conclusion, while adultery is a ground for divorce in North Dakota, it does not directly affect the division of property. However, it may indirectly impact property division if marital assets were used to support the affair, and it can potentially influence spousal support awards. As always, it’s recommended to consult with a legal professional for advice tailored to your specific circumstances.