Appealing a Divorce Judgment in North Dakota
In North Dakota, the law allows for the appeal of a divorce judgment under certain circumstances. This process is governed by the North Dakota Rules of Appellate Procedure and the North Dakota Century Code.
Request for Mediation
Before contemplating an appeal, a party may forward a request for post-judgment mediation to the program administrator no later than 60 days after the service of notice of entry of judgment or order, or seven days after service of the notice of appeal, in any eligible case (N.D.R.App.P. 25). The time for filing a notice of appeal under N.D.R.App.P. 4 is not affected by any request or assignment for mediation.
Eligible Cases for Mediation
Only judgments and orders that are final and appealable to the supreme court in the following types of cases are eligible for participation in post-judgment mediation:
- Divorce cases involving property or spousal support (N.D.R.App.P. 25(d)(2)(A))
- Any case involving parenting rights, except for termination of parental rights cases (N.D.R.App.P. 25(d)(2)(B))
Exemption from Mediation
Any party may request referral of an eligible case to post-judgment mediation. Referral must be granted unless a party requests an order from the court exempting the case from post-judgment mediation by filing a motion and a declaration with the clerk of the supreme court within seven days of service of the mediation request. The court may exempt the case if:
- The issues raised are limited to a question of law (N.D.R.App.P. 25(d)(3)(A))
- Prior post-judgment mediation has been attempted and the issues are substantially similar (N.D.R.App.P. 25(d)(3)(B))
- Other good cause is shown (N.D.R.App.P. 25(d)(3)(C))
Appeal in Contempt Case
A notice of appeal must be filed with the clerk of the supreme court within 60 days after entry of the judgment or order being appealed. Upon a finding of excusable neglect or for good cause, the district court may, before or after the time has expired, with or without motion and notice, extend the time for filing a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this subdivision (N.D.R.App.P. 4(c)).
Effect of Divorce
According to the North Dakota Century Code 14-05-02, the effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons. However, neither party to a divorce may marry except in accordance with the decree of the court granting the divorce. The court has jurisdiction to modify the decree of divorce at any time so as to permit one or both of the parties to marry, if the court deems it right.
Conclusion
In conclusion, it is possible to appeal a divorce judgment in North Dakota. However, the process is complex and requires a thorough understanding of the North Dakota Rules of Appellate Procedure and the North Dakota Century Code. It is advisable to seek legal counsel to navigate this process effectively.