Division of Property in North Dakota Divorce Cases
In North Dakota, the division of property in divorce cases is governed by the principles of equitable distribution. This means that the court will divide the marital property and debts in a manner that it deems fair and equitable, but not necessarily equal. The guiding statute for this process is North Dakota Century Code 14-05-24.
Equitable Distribution of Property
Under North Dakota Century Code 14-05-24, when a divorce is granted, the court is required to make an equitable distribution of the property and debts of the parties. The valuation date for marital property and debt is either the date mutually agreed upon by the parties or, if no agreement is reached, sixty days before the initially scheduled trial date. If there is a substantial change in value of an asset or debt between the date of valuation and the date of trial, the court may adjust the valuation of that asset or debt as necessary to effect an equitable distribution.
Separate and Mutual Rights and Liabilities
According to North Dakota Century Code 14-07-08, neither the husband nor the wife is answerable for the acts of the other. The earnings of one spouse are not liable for the debts of the other spouse, and the earnings and accumulations of either spouse and of any minor children living with either spouse or in one spouse’s custody, while the husband and wife are living separate from each other, are the separate property of each spouse. However, the husband and wife are jointly and severally liable for any debts contracted by either for necessary household supplies of food, clothing, and fuel, medical care, and for shelter for themselves and family, and for the education of their minor children.
Case Management in Divorce Cases
As per Rule 8.3 of the North Dakota Rules of Court, within 30 days after service of the complaint, the parties and their attorneys must meet in person or by electronic means to prepare a joint informational statement and a preliminary property and debt listing. The parties must exchange information and documentary evidence relating to the existence and valuation of assets and liabilities. This includes current paystubs, employment and income information, tax returns, preliminary pension information, and asset, debt and expense documentation.
Decree of Separation and Its Effect
Under North Dakota Century Code 14-05-28, the decree of separation confers upon the parties all the rights of property, business, and contracts as if unmarried and releases both parties from all obligations of maintenance, except as may be required by the decree. The court may revoke the decree based on any regulations or restrictions it imposed in the decree, as per North Dakota Century Code 14-05-29.
Alimony and Maintenance
According to North Dakota Century Code 14-05-25, the court, in rendering the decree of divorce, may assign the homestead or such part thereof as to the court may seem just, to the innocent party, either absolutely or for a limited period, according to the facts in the case and in consonance with the law relating to homesteads. All orders and decrees touching the alimony and maintenance of either party to a marriage and for the custody, education, and support of the children are subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court.
In conclusion, the division of jointly owned property after a divorce in North Dakota is a complex process that involves equitable distribution of assets and debts, separate and mutual rights and liabilities, case management procedures, and potential alimony and maintenance orders. It is always advisable to consult with a legal professional to understand the specifics of your situation.