Modification of Divorce Decree in North Dakota
In North Dakota, the modification of a divorce decree after it has been finalized is possible under certain circumstances. The North Dakota Century Code provides guidelines for such modifications, and the courts have the jurisdiction to modify the decree if deemed necessary.
Grounds for Modification
According to Chapter 14-05 of the North Dakota Century Code, a divorce decree can be modified if a material change in circumstances occurs. This is particularly relevant in cases involving spousal support or child custody arrangements. For instance, if the spouse receiving support experiences a significant change in their financial situation, the court may consider modifying the spousal support order (14-05-03).
However, it’s important to note that the parties may expressly preclude or limit the modification of spousal support through a written agreement that is part of the judgment for divorce. In such cases, the court may not order a modification of the spousal support (14-05-03).
Procedure for Modification
The procedure for modifying a divorce decree in North Dakota involves filing a motion with the court that issued the original decree. The party seeking the modification must demonstrate that a material change in circumstances has occurred since the original decree was issued. The court will then review the motion and any supporting evidence to determine whether a modification is warranted.
Limitations on Modifications
While the court has the jurisdiction to modify a divorce decree, there are certain limitations. For instance, upon the filing of a judgment, the parties may not seek and the court may not order a modification of lump sum spousal support (14-05-03). Furthermore, unless otherwise agreed by the parties in writing, spousal support is terminated upon the remarriage or death of the spouse receiving support (14-05-03).
Modifications and Real Estate Disposition
In terms of real estate disposition, the court may amend a summary real estate disposition judgment to correct a legal description of real property affected by the judgment and decree. However, this subsection may not be used to add omitted property to a judgment and decree (14-05-03).
Case Management in Divorce Cases
According to Rule 8.3 of the North Dakota Rules of Court, in divorce cases, the parties and their attorneys must meet within 30 days after service of the complaint to prepare a joint informational statement and a preliminary property and debt listing. This rule may also apply in cases where a party seeks to modify a divorce decree, as it may require the exchange of updated financial information.
In conclusion, while it is possible to modify a divorce decree in North Dakota, it is subject to certain conditions and limitations. It is always advisable to consult with a legal professional to understand the specific circumstances and legal implications involved.