Introduction
Divorce, also known as dissolution of marriage, is a legal process that terminates a marriage or marital union. In North Dakota, divorce laws are governed by the North Dakota Century Code. This article will provide a comprehensive overview of divorce laws in North Dakota, including the grounds for divorce, the process of filing for divorce, property division, alimony, child custody, and child support.
Grounds for Divorce
In North Dakota, a divorce can be granted on the grounds of irreconcilable differences, which is a no-fault ground, or on fault-based 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).
No-Fault Divorce
A no-fault divorce is one where neither spouse is required to prove that the other is at fault for the breakdown of the marriage. The only requirement is that the spouses must have lived separate and apart for a period of 180 days before filing for divorce, or they must show that there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage (North Dakota Century Code §14-05-03.1).
Fault-Based Divorce
In a fault-based divorce, one spouse must prove that the other spouse’s misconduct led to the breakdown of the marriage. The misconduct can include 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).
Divorce Process
The process of filing for divorce in North Dakota begins with the filing of a Summons and Complaint for Divorce in the district court of the county where either spouse resides. The other spouse is then served with these documents and has 21 days (or 28 days if served by mail or publication) to respond (North Dakota Rules of Civil Procedure).
Temporary Restraining Provisions
Upon filing for divorce, certain restraining provisions automatically come into effect. These provisions include that neither spouse may harass the other, all currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation, and neither spouse may remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court (North Dakota Rules of Court, Rule 8.4).
Property Division
North Dakota is an equitable distribution state, which means that marital property is divided in a manner that is fair and equitable, but not necessarily equal. The court considers several factors in dividing property, including the duration of the marriage, the age and health of the parties, their earning abilities, and their contributions to the marital estate (North Dakota Century Code §14-05-24).
Alimony
Alimony, also known as spousal support, is a payment made by one spouse to the other during or after a divorce. In North Dakota, the court may order one spouse to pay alimony to the other for any period of time. The court considers several factors in determining the amount and duration of alimony, including the financial resources of the party seeking alimony, the time necessary for that party to acquire sufficient education or training to enable them to find appropriate employment, and the standard of living established during the marriage (North Dakota Century Code §14-05-24.1).
Child Custody and Support
In North Dakota, the court determines child custody based on the best interests of the child. The court considers several factors in making this determination, including the love, affection, and other emotional ties existing between the parents and the child, the ability of the parents to provide the child with food, clothing, medical care, and other material needs, and the mental and physical health of the parents (North Dakota Century Code §14-09-06.2).
Child support is determined based on the North Dakota Child Support Guidelines. The guidelines consider the income of both parents, the number of children, and the amount of time each parent spends with the children (North Dakota Century Code §14-09-09.7).
Conclusion
Divorce in North Dakota is a complex process that involves many legal considerations. It is important to consult with a knowledgeable attorney who can guide you through the process and ensure that your rights are protected.