Yes, in North Dakota, it is possible to resolve divorce issues outside of court through various methods such as mediation, negotiation, or collaborative law. This is often encouraged as it can save time, reduce conflict, and provide more control over the outcome for both parties.
Mediation in Divorce Cases
Mediation is a process where a neutral third party, known as a mediator, helps the divorcing couple to negotiate and reach agreements on various issues such as property division, spousal support, and child custody. According to Rule 8.3 of the North Dakota Rules of Court, certain cases are automatically referred to mediation within 10 days of filing. These include cases involving disputes or unresolved issues regarding parental rights and responsibilities, relocation of a child, or grandparent visitation, among others (Rule 8.3(c)(1)).
Exemption from Mediation
However, it’s important to note that any party may request an exemption from 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 grant this exemption if the issues raised are limited to a question of law, if prior post-judgment mediation has been attempted and the issues are substantially similar, or if other good cause is shown (Rule 8.3(3)).
Case Management in Divorce Cases
In addition to mediation, the North Dakota Rules of Court also provide for case management in divorce cases. This involves a compulsory meeting within 30 days after service of the complaint, where the parties and their attorneys must meet to prepare a joint informational statement and a preliminary property and debt listing (Rule 8.3(a)(1)). The parties must also exchange information and documentary evidence relating to the existence and valuation of assets and liabilities (Rule 8.3(a)(2)).
Scheduling Order
Following the filing of the informational statement, the court must issue a scheduling order within 30 days. This order may establish deadlines for various aspects of the case, including the completion of discovery, serving or filing motions, completion of mediation or alternative dispute resolution, and completion of parent/divorce education, among others (Rule 8.3(b)).
Final Hearing
Finally, the court must schedule a final hearing within 60 days after the initial hearing to decide the issues of law and fact. The hearing may be continued as necessary, and the court may utilize any services for the protection of persons and property that are available in a non-summary proceeding, including appointment of a guardian ad litem, mediator, or referee (Rule 8.3(3)).
In conclusion, while court proceedings are a part of the divorce process in North Dakota, there are several opportunities for parties to resolve their issues outside of court, primarily through mediation and negotiation. This can often lead to more satisfactory outcomes for both parties and reduce the time and cost associated with litigation.