“Joint custody” refers to a custody arrangement where both parents share significant and roughly equal responsibility and decision-making authority for the child. This term is defined under North Dakota Century Code Chapter 14-09.4-01, which states that “custody” includes joint custody or shared custody. In this context, custody can refer to both physical custody, which involves living with the child and exercising day-to-day care, and legal custody, which involves the right to make significant decisions regarding the child, including decisions about the child’s education, health care, and scheduled activities.
Divorce in North Dakota: An Overview
Divorce, also known as dissolution of marriage, is a legal process that terminates a marriage or marital union. In North Dakota, the divorce process is governed by the North Dakota Century Code. This article will provide a detailed overview of the divorce process in North Dakota, focusing on key aspects such as grounds for divorce, property division, child custody, and spousal 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
In a no-fault divorce, the spouse filing for divorce does not need to prove any fault on the part of the other spouse. The only requirement is to state that the marriage is irretrievably broken due to irreconcilable differences.
Fault-Based Divorce
In a fault-based divorce, the spouse filing for divorce must prove that the other spouse committed a marital misconduct that justifies the divorce. The misconduct could be adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, or conviction of a felony.
Property Division
North Dakota is an equitable distribution state. This means that in a divorce, the court will divide the marital property in a manner that is fair and equitable, but not necessarily equal (North Dakota Century Code §14-05-24). The court will consider several 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 contribution of each party to the acquisition of the property.
Child Custody
In North Dakota, child custody issues are resolved based on the best interests of the child (North Dakota Century Code §14-09-06.2). The court can award joint custody or sole custody. Joint custody means that both parents share significant and roughly equal responsibility and decision-making authority for the child. Sole custody means that one parent has the primary responsibility and decision-making authority for the child.
Modification of Custody
The court may modify a final custody order if there is a substantial and continuing change in circumstance relevant to the custody of the child, and if the modification is in the best interest of the child (North Dakota Century Code §14-09.4-14).
Spousal Support
In North Dakota, the court may order one spouse to pay spousal support to the other spouse, based on factors such as the financial resources of the spouse seeking support, the time necessary for the spouse seeking support to acquire sufficient education or training to enable them to find appropriate employment, and the duration of the marriage (North Dakota Century Code §14-05-24.1).
In conclusion, divorce in North Dakota involves various legal aspects, including grounds for divorce, property division, child custody, and spousal support. It is advisable to consult with a legal professional to understand the specific legal implications and procedures involved in a divorce.