Introduction
Divorce, also known as dissolution of marriage, is a legal process that terminates a marriage or marital union. In North Dakota, the divorce process is governed by the North Dakota Century Code and various court rules. This article will provide a detailed overview of divorce in North Dakota, focusing on the legal aspects such as property division, spousal rights and liabilities, and the handling of joint accounts with unequal contributions.
Property Division in North Dakota
Equitable Distribution
North Dakota follows the principle of equitable distribution when dividing marital property in a divorce. This means that the court will divide the marital property in a manner that it deems fair and equitable, but not necessarily equal. The court considers various factors such as the duration of the marriage, the age and health of the parties, their earning abilities, and the contribution of each party to the acquisition of the marital property (North Dakota Century Code § 14-05-24).
Date of Valuation
According to the North Dakota Century Code, the court typically values the marital assets and debts as of the date of trial. However, if there is a significant 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 to effect an equitable distribution (North Dakota Century Code § 14-05-24(2)).
Spousal Rights and Liabilities
Separate and Mutual Rights
Under North Dakota law, neither the husband nor the wife is answerable for the acts of the other. The earnings of one spouse are not liable for the debts of the other spouse, and the earnings and accumulations of either spouse and of any minor children living with either spouse or in one spouse’s custody, while the husband and wife are living separate from each other, are the separate property of each spouse (North Dakota Century Code § 14-07-08).
Joint and Several Liability
Except for abandonment as provided in section 14 -07-11, the husband and wife are jointly and severally liable for any debts contracted by either for necessary household supplies of food, clothing, and fuel, medical care, and for shelter for themselves and family, and for the education of their minor children (North Dakota Century Code § 14-07-08(3)).
Joint Accounts with Unequal Contributions
Legal Perspective
In the context of divorce, the handling of joint accounts with unequal contributions can be complex. The question often arises: “What if we have joint accounts but unequal contributions?” The answer lies in the principle of equitable distribution.
In North Dakota, the court considers the contribution of each party to the acquisition of the marital property. This means that if one spouse has contributed more to a joint account, the court may take this into account when dividing the marital property. However, it’s important to note that the court will also consider other factors, such as the needs and circumstances of each party, in making its decision.
Practical Implications
It’s advisable for spouses to keep detailed records of their contributions to joint accounts. This can help provide clarity during the property division process. However, it’s also important to remember that the court’s primary goal is to achieve a fair and equitable distribution of marital property. Therefore, unequal contributions to a joint account do not necessarily guarantee a larger share of the account to the contributing spouse.
Conclusion
Divorce in North Dakota involves a complex interplay of laws and principles. From property division to spousal rights and liabilities, each aspect of the process is governed by specific statutes and court rules. It’s crucial for individuals going through a divorce to understand these laws and how they apply to their specific situation. For complex issues such as the handling of joint accounts with unequal contributions, it’s often advisable to seek legal counsel to ensure a fair and equitable outcome.