Division of Property in North Dakota Divorce Cases
In North Dakota, the division of property in divorce cases is governed by the principles of equitable distribution as outlined in North Dakota Century Code 14-05-24. This means that the court seeks to divide the marital property and debts in a manner that is fair and just, but not necessarily equal.
Equitable Distribution Principles
Under 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 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. The court is required to make specific findings that another date of valuation is fair and equitable.
Disagreement on Property Division
In cases where the parties cannot agree on how to divide their property, the court will step in to make the decision. The court will consider a variety of factors in making this determination, including the duration of the marriage, the age and health of the parties, their earning abilities, and the nature and value of the marital property.
Special Considerations for Government Pensions
According to North Dakota Century Code 14-05-24(2), if one party to the divorce is covered by the civil service retirement system or other government pension system in lieu of social security and is not entitled to receive full social security benefits, the court must compute what the present value of the social security benefits would have been 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 the government pension’s marital portion.
Case Management in Divorce Cases
As per 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. This process is designed to facilitate the exchange of information and documentary evidence relating to the existence and valuation of assets and liabilities, which can be crucial in cases where the parties cannot agree on property division.
In conclusion, if you and your spouse cannot agree on how to divide your property in a divorce, the court will apply the principles of equitable distribution to make a fair and just division. It is advisable to seek legal counsel to navigate this complex process and ensure your rights and interests are protected.