Divorce in North Dakota: An Overview
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 specific laws and regulations. This article will provide a comprehensive overview of the divorce process in North Dakota, focusing on key aspects such as grounds for divorce, property division, child custody, and spousal support.
Grounds for Divorce
In North Dakota, a divorce can be granted on the grounds of irreconcilable differences, which is a no-fault ground, or on fault-based grounds such as adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, and conviction of a felony (North Dakota Century Code § 14-05-03).
Property Division
North Dakota is an equitable distribution state, which means that marital property is divided in a manner that is fair and equitable, but not necessarily equal. The court considers several factors in determining the division of property, including the duration of the marriage, the age and health of the parties, their earning abilities, and their contributions to the marital estate (North Dakota Century Code § 14-05-24).
Marital and Separate Property
In North Dakota, property acquired during the marriage is considered marital property, regardless of whose name is on the title. Separate property, on the other hand, includes property acquired before the marriage, gifts and inheritances received by one spouse during the marriage, and property acquired after separation.
Child Custody and Visitation
In North Dakota, the court determines child custody based on the best interests of the child. The court considers several factors, including the love, affection, and other emotional ties between the parents and the child, the ability of the parents to provide the child with food, clothing, medical care, and other material needs, and the mental and physical health of the parents (North Dakota Century Code § 14-09-06.2).
Parenting Plan
As part of the divorce process, the parties are required to submit a parenting plan, which outlines how they will share and divide responsibilities for the care and upbringing of their children. The parenting plan must be submitted by a specific date set by the court (North Dakota Rules of Court, Rule 8.3.1).
Visitation Rights
In response to the question, “Can I request make-up visitation time if I miss scheduled visits?” the answer is yes. In North Dakota, a parent who misses scheduled visitation time can request make-up time. However, the court will consider the best interests of the child in deciding whether to grant the request.
Spousal Support
In North Dakota, the court may order one spouse to pay spousal support, also known as alimony, to the other spouse. The court considers several factors in determining the amount and duration of spousal support, including the financial resources of the spouse seeking support, the time necessary for the spouse seeking support to acquire sufficient education or training to enable them to find appropriate employment, and the duration of the marriage (North Dakota Century Code § 14-05-24.1).
Self-Representation
A self-represented prisoner who requests a hearing is not required to secure a time for the hearing. Instead, the prisoner’s notice must include the request for oral argument, an evidentiary hearing, or both, and a statement that the party is a self-represented prisoner. On receipt of a prisoner’s notice, the court will set a time for the hearing and serve notice to the parties.
Conclusion
Divorce in North Dakota involves several complex legal issues, including property division, child custody, and spousal support. It is important to understand these issues and how they are handled under North Dakota law. If you are considering divorce in North Dakota, it is advisable to consult with a knowledgeable family law attorney who can guide you through the process and protect your rights.