Modification of Property Division Agreement After Divorce in North Dakota
In North Dakota, the division of property in a divorce is governed by the principles of equitable distribution. This means that the court seeks to divide the marital property in a manner that is fair and just, but not necessarily equal. The court’s decision is based on a variety of factors, including the length of the marriage, the age and health of the parties, their earning capacities, and the nature and value of the property involved (North Dakota Century Code 14-05-24).
Initial Division of Property
The court’s initial division of property is made at the time of the divorce decree. The court will consider all relevant factors 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 between the parties or, if no agreement is reached, sixty days before the initially scheduled trial date (North Dakota Century Code 14-05-24).
Post-Divorce Modifications
Once the court has made a final decree of divorce and issued an order regarding the division of property, it is generally not possible to modify that order. This is because property division is typically considered a one-time event that occurs at the time of the divorce. However, there are certain circumstances under which a court may revisit the issue.
If there is a substantial change in the 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 (North Dakota Century Code 14-05-24). This provision suggests that the court has some discretion to modify the property division order if there is a significant change in circumstances.
Enforcement of Property Division Orders
In North Dakota, a money judgment to secure the division of property is enforceable by contempt proceedings, and exemptions from process are not available (North Dakota Century Code 14-05-25.1). This means that if one party fails to comply with the property division order, the other party can seek enforcement through the court.
Restraining Provisions
Under Rule 8.4 of the North Dakota Rules of Court, a summons in a divorce or separation action must include certain restraining provisions. These provisions prohibit either spouse from disposing of, selling, encumbering, or otherwise dissipating any of the parties’ assets, except for necessities of life, for the necessary generation of income or preservation of assets, or for retaining counsel to carry on or to contest the proceeding. If a spouse violates these provisions, they may be held in contempt of court.
In conclusion, while it is generally not possible to modify a property division agreement after a divorce has been finalized in North Dakota, there are certain circumstances under which the court may revisit the issue. It is always advisable to consult with a qualified family law attorney to understand your rights and obligations under North Dakota law.