Filing for Divorce in North Dakota
Filing for divorce in North Dakota involves submitting several legal documents. The process is governed by the North Dakota Century Code (NDCC) and the North Dakota Rules of Court. This guide provides an overview of the key documents required to file for divorce in North Dakota.
Initial Documents
The first step in filing for divorce is preparing and submitting the necessary initial documents. In a typical divorce case, the required documents include:
- Summons: This document notifies the other spouse (the defendant) of the divorce action and their requirement to respond. The Summons must be served on the defendant following N.D.R.Civ.P. Rule 4.
- Complaint for Divorce: This legal document outlines the grounds for the divorce and the relief sought (e.g., property division, child custody, spousal support). The Complaint initiates the divorce process and must be filed with the court. The most common grounds for divorce in North Dakota are irreconcilable differences, as allowed under NDCC § 14-05-03.
- Verification: The plaintiff must submit a Verification, confirming that the statements in the complaint are true to the best of their knowledge.
- Confidential Information Form: This form contains personal information (e.g., Social Security numbers, dates of birth) and must be filed under N.D.R.Ct. Rule 3.4 to ensure privacy protection.
- Affidavit of Proof for Stipulated Judgment: If both parties agree on all terms of the divorce, they may file this affidavit to avoid a formal hearing.
Service of Process
Once the Summons and Complaint have been filed, they must be served on the other spouse (defendant). According to N.D.R.Civ.P. Rule 4, the defendant must be personally served with the divorce papers, or if personal service cannot be completed, service by publication may be allowed in certain circumstances. The defendant typically has 21 days to file a response.
Parenting Plan (If Children Are Involved)
If minor children are involved, the parents must submit a Proposed Parenting Plan. This document outlines custody, visitation, and decision-making responsibilities. The court will require the parenting plan to comply with NDCC § 14-09-30, which focuses on the best interests of the child.
Financial Affidavits
Both parties must provide detailed financial disclosures to the court. This includes:
- Income and Expense Statement: This document details each spouse’s income and living expenses.
- Property and Debt Listing: Both spouses must list their assets and liabilities to assist with property division under NDCC § 14-05-24 (Equitable Division of Property).
Additional Required Documents
- Proposed Divorce Judgment and Decree: If the case is uncontested or both parties reach an agreement, they may submit a proposed Judgment and Decree to be signed by the judge.
- Certificate of Service: This document proves that the divorce papers have been served on the other spouse, as required by N.D.R.Civ.P. Rule 5.
Filing After Service
After serving the Summons and Complaint, all documents must be filed with the court, including the Certificate of Service. The filing must conform to N.D.R.Civ.P. Rule 5(d), which outlines which documents are required to be filed.
Privacy Protection
North Dakota’s N.D.R.Ct. Rule 3.4 requires parties to follow privacy guidelines when submitting documents. Personal identifying information must be kept confidential in court filings.
Conclusion
The key documents required to file for divorce in North Dakota include the Summons, Complaint for Divorce, Verification, and a Confidential Information Form. If children are involved, a Parenting Plan is necessary, and both parties must submit financial disclosures. All documents must conform to the requirements of the North Dakota Century Code and the North Dakota Rules of Court.