Residency Requirement for Divorce in North Dakota
In North Dakota, the residency requirement for divorce is governed by North Dakota Century Code 14-05-17. This statute stipulates the conditions under which a separation or divorce may be granted based on the plaintiff’s residency status.
Statutory Provisions
According to North Dakota Century Code 14-05-17, a separation or divorce may not be granted unless the plaintiff in good faith has been a resident of the state for six months next preceding commencement of the action. This means that the person initiating the divorce proceedings must have lived in North Dakota for at least six months before filing the divorce petition.
Exceptions to the Rule
The same statute, North Dakota Century Code 14-05-17, also provides an exception to this rule. 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 still 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. This means that even if the plaintiff did not meet the six-month residency requirement before filing for divorce, the court may still grant the divorce if the plaintiff has lived in North Dakota for at least six months by the time the court issues the divorce decree.
Presumption of Domicile
In addition to the residency requirement, North Dakota Century Code 14-05-18 establishes a presumption of domicile in divorce actions. This law presumes that the domicile of the husband is the domicile of the wife. Therefore, if the husband has been a resident of North Dakota, the wife is also presumed to be a resident of the state for the purposes of divorce proceedings.
Importance of Residency Requirement
The residency requirement is crucial in divorce proceedings as it determines the jurisdiction of the court. The court must have jurisdiction over the divorce case to make legally binding decisions. By meeting the residency requirement, the plaintiff ensures that the North Dakota court has the authority to decide on their divorce case.
In conclusion, the residency requirement for divorce in North Dakota is that the plaintiff must have been a resident of the state for at least six months before filing for divorce. However, if this requirement is not met at the time of filing, the divorce may still be granted if the plaintiff has lived in the state for at least six months by the time the court issues the divorce decree.