Grounds for Divorce in North Dakota
In North Dakota, a divorce can be granted on several grounds, including 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).
Conviction of a Felony
One of the grounds for divorce in North Dakota is if one spouse is convicted of a felony. According to North Dakota Century Code 14-05-03(6), a divorce may be granted if one spouse is sentenced to imprisonment either in the county jail or penitentiary for the period of one year or more. This means that if your spouse is in prison, you can file for divorce on these grounds.
Filing for Divorce
To file for divorce in North Dakota, the plaintiff (the person initiating the divorce) must have been a resident of the state for at least six months prior to the commencement of the action (North Dakota Century Code 14-05-17). If the plaintiff has not been a resident of this state for the six months preceding commencement of the action, a separation or divorce may be granted if the plaintiff in good faith has been a resident of this state for the six months immediately preceding entry of the decree of separation or divorce.
Serving the Divorce Papers
In a divorce proceeding, the defendant (the other spouse) must be served with a summons and a copy of the complaint. According to Rule 8.4 of the North Dakota Rules of Court, a summons in a divorce action must be issued by the clerk, or by an attorney for a party to the action. If the defendant is in prison, the summons and complaint can be served at the prison.
Property Division
In North Dakota, the court divides marital property equitably, which means fairly but not necessarily equally. If one spouse is in prison, the other spouse may be authorized to manage, control, sell, or encumber the property of the imprisoned spouse for the support and maintenance of the family and for the purpose of paying debts contracted prior to the imprisonment (North Dakota Century Code 14-05-24).
Spousal Privilege
In North Dakota, there is a spousal privilege that generally prevents one spouse from being forced to testify against the other. However, there are exceptions to this rule. According to North Dakota Rules of Evidence 504(d), there is no privilege in any civil proceeding in which the spouses are adverse parties. This means that in a divorce proceeding, one spouse can be compelled to testify against the other.
In conclusion, if your spouse is in prison in North Dakota, you can file for divorce on the grounds of felony conviction. You must meet the residency requirements, serve the divorce papers, and may be authorized to manage the marital property. The spousal privilege does not apply in divorce proceedings.