Introduction
Divorce is a complex legal process that involves the dissolution of a marital union, the cancellation of the legal duties and responsibilities of marriage, and the division of marital assets. In North Dakota, the divorce process is governed by the North Dakota Century Code (NDCC) and the rules of the court. This article will provide a detailed overview of the divorce process in North Dakota, focusing on the role of a guardian ad litem, the capacity to sue or be sued, and the appointment of a guardian ad litem for a minor.
Role of a Guardian ad Litem in Divorce Proceedings
A guardian ad litem is a court-appointed representative who acts in the best interests of a minor or incompetent person during legal proceedings, including divorce cases. According to the North Dakota Century Code, a guardian ad litem has the authority to present a case, cross-examine witnesses, deliver a summation, prepare a memorandum of law, file a motion, and file or participate in an appeal on issues involving the best interests of the child (NDCC 14-07.1-05.1).
Duties of a Guardian ad Litem
After appointment, a guardian ad litem is required to work with a parenting investigator, if appointed, to coordinate investigation activities and avoid duplicating services. They are also tasked with interviewing and observing the child to ascertain the facts relevant to parental rights and responsibilities, the child’s wishes, the need for independent evaluation, and the need for and appropriateness of interim judicial relief. The guardian ad litem is also responsible for advising the child and the child’s parents of the role and responsibilities of the guardian ad litem, interviewing potential witnesses, and participating in meetings impacting the life of the child (NDCC 14-07.1-05.1).
Capacity to Sue or Be Sued
In North Dakota, the capacity of all persons to sue or be sued is determined by appropriate statutory provisions. A minor or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incompetent person who is self-represented in an action (NDCC 14-07.1-05.1).
Appointment of a Guardian ad Litem for a Minor
The court, upon the request of either party or upon its own motion, may appoint a guardian ad litem in an action for a protection order to represent a minor concerning custody, support, or visitation if either party or the court has reason for special concern as to the immediate future of the minor. The guardian ad litem may be appointed at the time of a temporary protection order or at any time before the full hearing. The role of the guardian ad litem consists of investigation and making a recommendation and report to the court. The appointment of the guardian ad litem expires immediately after the full hearing unless the court retains the right, upon specific finding of need, to continue the appointment of a guardian ad litem to participate in the case (NDCC 14-07.1-05.1).
Conclusion
In conclusion, a guardian ad litem plays a crucial role in divorce proceedings in North Dakota, especially when minors are involved. They act in the best interests of the child, ensuring their rights and welfare are protected. The court has the authority to appoint a guardian ad litem to represent a minor or incompetent person in a divorce case. If you need legal help to request guardianship, it is advisable to consult with a family law attorney who is familiar with the laws and procedures in North Dakota.