Grounds for Divorce in North Dakota
In North Dakota, a divorce can be granted on the grounds of irreconcilable differences, 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 the voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife. If a spouse has used marital funds to support another relationship, this could potentially be considered as evidence of adultery. However, it is important to note that proving adultery can be complex and requires clear and convincing evidence.
Division of Property in North Dakota Divorce
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 (North Dakota Century Code § 14-05-24).
Marital Misconduct and Property Division
While North Dakota courts generally do not consider marital misconduct when dividing property, there is an exception when a spouse has dissipated marital assets. Dissipation of assets refers to a situation where one spouse uses marital property for their own benefit and for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown.
If a spouse has used marital funds to support another relationship, this could potentially be considered dissipation of assets. The court may take this into account when dividing the marital property and the offending spouse may receive a smaller portion of the marital assets as a result.
Spousal Support in North Dakota
Spousal support, also known as alimony, is a payment made by one spouse to the other after divorce to provide financial support. The court determines the amount and duration of spousal support based on a variety of factors, including the length of the marriage, the age and health of the parties, their earning abilities, and their conduct during the marriage (North Dakota Century Code § 14-05-24.1).
Impact of Adultery on Spousal Support
In North Dakota, the court may consider marital misconduct, including adultery, when determining spousal support. If a spouse has used marital funds to support another relationship, this could potentially impact the court’s decision on spousal support. However, the court will also consider other factors, such as the financial resources and needs of each party.
Conclusion
If your spouse has used marital funds to support another relationship, it is crucial to consult with a knowledgeable family law attorney who can guide you through the complexities of divorce law in North Dakota. The misuse of marital funds can potentially impact property division and spousal support, but the specific impact will depend on the details of your case and the discretion of the court.