Property Division in Divorce Cases
In the context of divorce, property division can be a complex issue, especially when the couple has lived in different states during the marriage. The division of property in North Dakota is governed by North Dakota Century Code 14-05-24.
Equitable Distribution of Property
According to North Dakota Century Code 14-05-24, when a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties. This does not necessarily mean an equal division, but rather a fair one, considering various factors such as the duration of the marriage, the age and health of the parties, their earning abilities, and the nature and value of the property.
Valuation Date for Marital Property and Debt
The valuation date for marital property and debt is the date mutually agreed upon between the parties. If the parties do not mutually agree upon a valuation date, the valuation date for marital property and debt is sixty days before the initially scheduled trial date. If there is a substantial change in value of an asset or debt between the date of valuation and the date of trial, the court may adjust the valuation of that asset or debt as necessary to effect an equitable distribution.
Impact of Different State Residences
The fact that the couple lived in different states during the marriage does not directly affect the division of property. However, it may complicate the process of determining what property is considered marital and what is separate. The domicile or residence of each party can be separate after separation, depending on actual residence and not upon legal presumptions (North Dakota Century Code 14-05-18).
Case Management in Divorce Cases
According to Rule 8.3 of the North Dakota Rules of Court, within 30 days after service of the complaint, the parties and their attorneys must meet in person or by electronic means to prepare a joint informational statement and a preliminary property and debt listing. The parties must exchange information and documentary evidence relating to the existence and valuation of assets and liabilities.
In conclusion, the division of property in a divorce case where the couple lived in different states during the marriage would still follow the principles of equitable distribution as per North Dakota law. However, the process may require more extensive documentation and negotiation to determine the nature and value of the property. It is advisable to seek legal counsel to navigate this complex process.