Property Division in North Dakota Divorce Cases
In North Dakota, the division of property during a divorce is governed by the principles of equitable distribution. This means that the court aims to divide the marital property in a manner that is fair and just, but not necessarily equal. The court’s decision is based on a variety of factors, including the length of the marriage, the age and health of the parties, their earning abilities, and the nature and value of the property involved.
Equitable Distribution under North Dakota Law
According to North Dakota Century Code 14-05-24, when a divorce is granted, the court is required to make an equitable distribution of the property and debts of the parties. The valuation date for marital property and debt is either the date mutually agreed upon by the parties or, if no agreement is reached, sixty days before the initially scheduled trial date. If there is a substantial change in the value of an asset or debt between the valuation date and the trial date, the court may adjust the valuation to effect an equitable distribution.
Requesting Unequal Division of Property
In response to the question, “Can I request the court to divide property unequally?”, the answer is yes. However, it’s important to note that the court will only grant such a request if it deems it to be fair and equitable under the circumstances. The court has the discretion to consider a variety of factors, including the contribution of each party to the acquisition of the marital property, the economic circumstances of each party, and any other factor that the court finds to be relevant.
Division of Government Pensions and Social Security Benefits
Under North Dakota Century Code 14-05-24(2), if one party to the divorce is covered by a government pension system and is not entitled to receive full social security benefits, the court is required to compute the present value of the social security benefits that would have been due to the party with the government pension during the covered period. This amount is then subtracted from the value of the government pension to determine its marital portion.
Enforcement of Property Division Judgments
According to North Dakota Century Code 14-05-25.1, a money judgment to secure the division of property is enforceable by contempt proceedings. This means that if a party fails to comply with the court’s order regarding the division of property, they may be held in contempt of court, which can result in penalties such as fines or imprisonment.
In conclusion, while it is possible to request an unequal division of property in a North Dakota divorce case, such a request will only be granted if the court finds it to be fair and equitable under the circumstances. As always, it is advisable to consult with a qualified family law attorney to understand your rights and options in a divorce case.