North Dakota code § 14-04-01. Grounds for annulling
marriage.
1. That the party in whose behalf it is sought to have the marriage annulled was under
the age of legal consent, as defined in section 14-03-02, or that such party was of
such age as to require the consent of the party's parents or guardian and such
marriage was contracted without such consent, unless, after attaining legal age,
such party freely cohabited with the other as husband or wife.
2. That the former husband or wife of either party was living, and the marriage with
such former husband or wife was then in force.
3. That either party was of unsound mind, unless such party, after coming to reason,
freely cohabited with the other as husband or wife.
4. That the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the other
as husband or wife.
5. That the consent of either party was obtained by force, unless such party afterwards
freely cohabited with the other as husband or wife.
6. That either party was at the time of the marriage physically incapable of entering into
the marriage state, and such incapacity continues and appears to be incurable.
7. That the marriage was incestuous.
North Dakota divorce statutes 14-04-02. Action to annul - Limitations of time. An action to obtain a decree
of nullity
of marriage for causes mentioned in section 14-04-01 must be commenced within the periods
and by the parties as follows:
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1. For causes mentioned in subsection 1, by the party to the marriage
who was
married under the age of legal consent, within four years after arriving at the age of
consent, or by the party's parents or guardian at any time before such party has
arrived at the age of legal consent.
2. For causes mentioned in subsection 2, by either party during the life of the other, or
by such former husband or wife.
3. For causes mentioned in subsection 3, by the party injured, or a relative or guardian
of the party of unsound mind, at any time before the death of either party.
4. For causes mentioned in subsection 4, by the party injured, within four years after
the discovery of the facts constituting the fraud.
5. For causes mentioned in subsections 5 and 6, by the injured party, within four years
after the marriage.
6. For causes mentioned in subsection 7, by either party at any time.
North Dakota divorce statutes 14-04-03. Legitimacy of children. When a marriage is annulled, children begotten
before the judgment are legitimate and succeed to the estate of both parents.
North Dakota divorce statutes 14-04-04. Custody of children. The court shall award the custody of the children of a
marriage annulled on the ground of fraud or force to a party based upon the best interests and
welfare of the child criteria set forth in chapter 14-09.
North Dakota divorce statutes 14-04-05. Effect of judgment. A judgment of nullity of marriage rendered is conclusive
only as against the parties to the action and those claiming under them.
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North Dakota code § 14-05-03. Causes
for divorce.
Marriage is dissolved only:
1. By the death of one of the parties; or
2. By a judgment of a court of competent jurisdiction decreeing a divorce of the parties.
North Dakota divorce statutes 14-05-02. Effect of divorce. The effect of a judgment decreeing a divorce
is to restore
the parties to the state of unmarried persons, but neither party to a divorce may marry except in
accordance with the decree of the court granting the divorce. It is the duty of the court granting a
divorce to specify in the order for judgment whether either or both of the parties shall be
permitted to marry, and if so, when. The court shall have jurisdiction to modify the decree of
divorce at any time so as to permit one or both of the parties to marry, if the court deems it right.
North Dakota divorce statutes 14-05-02.1. Decree to include social security numbers. Each decree of divorce must
include the social security numbers of the parties to the divorce.
North Dakota divorce statutes 14-05-03. Causes for divorce. Divorces may be granted for any of the following
causes:
1. Adultery.
2. Extreme cruelty.
3. Willful desertion.
4. Willful neglect.
5. Abuse of alcohol or controlled substances.
6. Conviction of felony.
7. Irreconcilable differences.
North Dakota divorce statutes 14-05-03.1. Grounds for separation. The court may grant a temporary or
permanent decree of separation for any cause for which a divorce may be decreed.
North Dakota divorce statutes 14-05-04. Adultery defined. Adultery is the voluntary sexual intercourse of
a married person with a person other than the offender's husband or wife.
North Dakota divorce statutes 14-05-05. Extreme cruelty defined. Extreme cruelty is the infliction by one
party to the
marriage of grievous bodily injury or grievous mental suffering upon the other.
North Dakota divorce statutes 14-05-06. Desertion defined. Willful desertion is the voluntary separation
of one of the married parties from the other with intent to desert:
1. Persistent refusal to have reasonable matrimonial intercourse as husband and wife
when health or physical condition does not make such refusal reasonably
necessary, or the refusal of either party to dwell in the same house with the other
party when there is no just cause for such refusal, is desertion.
2. When one party is induced by the stratagem or fraud of the other party to leave the
family dwelling place or to be absent, and during such absence the offending party
departs with intent to desert the other, it is desertion by the party committing the
stratagem or fraud and not by the other.
3. Departure or absence of one party from the family dwelling place
caused by cruelty
or by threats of bodily harm from which danger reasonably would be apprehended
from the other
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is not desertion by the absent party, but it is desertion by the
other party.
4. Separation by consent, with or without the understanding
that one of the parties will
apply for a divorce, is not desertion.
5. Absence or separation, proper in itself, becomes desertion whenever the intent to
desert is fixed during such absence or separation.
6. Consent to a separation is a revocable act, and if one of the parties afterwards in
good faith seeks a reconciliation and restoration but the other refuses it, such refusal
is desertion.
7. If one party deserts the other and before the expiration of the statutory period
required to make the desertion a cause of divorce returns and offers in good faith to
fulfill the marriage contract and solicits condonation, the desertion is cured. If the
other party refuses such offer and condonation, the refusal must be deemed and
treated as desertion by such party from the time of the refusal.
North Dakota divorce statutes 14-05-07. Willful neglect defined. Willful neglect is the failure of either
spouse to provide for the common necessaries of life for the other party, when that spouse has the ability to
do so and the party alleging neglect does not have the ability, or when a spouse fails to provide
by reason of idleness, profligacy, or dissipation.
North Dakota divorce statutes 14-05-08. Abuse of alcohol or controlled substances defined. Abuse of alcohol
or controlled substances is that degree of use which disqualifies the person a great portion of the
time from properly attending to business or which reasonably would inflict a course of great
mental anguish upon the innocent party. For purposes of this chapter, "controlled substance"
means a substance as defined in section 19-03.1-01.
North Dakota divorce statutes 14-05-08.1. Recognition of foreign decree of divorce and foreign annulment
of marriage. A decree of divorce or of annulment of marriage obtained in a court of another
jurisdiction is of no force or effect in this state, if the parties to the marriage were domiciled in this
state at the time such decree was rendered.
If a person obtains a decree of divorce or of annulment of marriage from a court of
another jurisdiction and was domiciled in this state within less than twelve months prior to
obtaining the decree and resumes residence in this state within six months after obtaining the
decree, it is prima facie evidence that such person did not abandon the person's domicile in this
state prior to obtaining the decree.
The provisions of this section do not apply to any divorce or annulment of marriage
obtained in proceedings begun prior to the passage of this section.
North Dakota divorce statutes 14-05-09. Desertion, neglect, intemperance - Duration. Willful desertion,
willful neglect, or habitual intemperance must continue for one year before either is a ground for a
divorce.
North Dakota divorce statutes 14-05-09.1. Irreconcilable differences defined. Irreconcilable differences
are those grounds which are determined by the court to be substantial reasons for not continuing the
marriage and which make it appear that the marriage should be dissolved.
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North Dakota code § 14-05-23. Temporary
support, attorney's fees, and parental rights and
responsibilities.
During any time in which an action for separation or divorce is pending, the
court, upon application of a party, may issue an order requiring a party to pay such support as
may be necessary for the support of a party and minor children of the parties and for the
payment of attorney's fees. The court in the order may make an order concerning parental rights
and responsibilities concerning the children of the parties. The order |
may be issued and served
in accordance with the North Dakota Rules of Court. The court may include in the order a
provision for domestic violence protection provided the party has submitted a verified application for the order which is
sufficient to meet the criteria defined in subsection 2 of section 14-07.1-01.
A violation of the protection provision of the order is subject to the penalties established in section
14-07.1-06 and the arrest procedures authorized in section 14-07.1-11.
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North Dakota code § 14-05-24. Division of property and debts.
1. When a divorce is granted, the court shall make an equitable distribution of the
property and debts of the parties.
2. The court may redistribute property and debts |
in a post judgment proceeding if a
party has failed to disclose property and debts as required by rules adopted by the
supreme court or the party fails to comply with the terms of a court order distributing
property and debts.
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North Dakota code § 14-05-27. Separation - Spousal support - Division of property.
Upon the granting of
a separation, the court may include in the decree an order requiring a party to pay for spousal
support and for the support of any minor children of the parties. Subject to section 14-05-24, the
decree may also provide for the equitable division of the property and debts of the parties.
North Dakota divorce statutes 14-05-28. Decree of separation - Effect.
The decree of separation confers upon the
parties all the rights of property, business, and contracts as if unmarried and releases both parties from all obligations
of maintenance, except as may be required by the decree.
North Dakota divorce statutes 14-05-29. Revocation of decree of separation
- Divorce granted. |
At any time after a
decree for separation has been granted, the court may revoke the decree based upon any
regulations or restrictions the court imposed in the decree. Application for revocation may be
made by either party to the decree. The party making the application for revocation shall provide
to the other party to the decree at least ten days' and not more than twenty days' notice of the
application. Service must be made in the same manner as service of a summons in a civil
action. If it appears to the court at the hearing of the application that reconciliation between the
parties to the marriage is improbable, the court shall revoke the separation decree and, in lieu of
that decree, shall render a decree divorcing the parties. If the court has not previously done so,
the court shall provide for the equitable division of the property, shall make orders with respect to
any minor children, and may provide for the payment of support to either party by the other.
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North Dakota code § 14-07-15. Abandonment or nonsupport of child - Penalty.
1. Every parent or other person legally responsible for the care or support of a child
who wholly abandons the child or willfully fails to furnish food, shelter, clothing, and
medical attention reasonably necessary and sufficient to meet the child's needs is
guilty of a class C felony.
2. Any food, shelter, clothing, or medical attention furnished by or through a welfare or
charitable program of any governmental agency, civic or religious organization, or a
combination thereof, or any intervening third party, on the basis of need, does not
avoid, excuse, relieve, or discharge either parent or person legally responsible for
care and support of a child from the criminal penalty for the willful failure or neglect
to provide such support.
3. A parent is not relieved, excused, or discharged from the responsibility and criminal
penalty provided in this section if the other parent is providing the child with care and
support unless the parents reside together.
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4. The fact, if it is a fact, that either parent may have secured
a divorce awarding the
custody of the child, in no manner relieves either parent from the requirements and
penalty of this section, except that compliance with the terms of a child support order
by a parent is an affirmative defense to a charge under this section made against
that parent.
5. If the parent or other person legally responsible for the care or support of a child,
while in another state and while the minor child is in this state, wholly abandons the
child or willfully fails to furnish food, clothing, shelter, and medical attention
reasonably necessary and sufficient to meet the child's needs, the failure must be
construed to have been committed in this state and all of the laws of this state with
reference to punishment apply with the same force and effect as if the abandonment
and failure to support had occurred in this state.
6. For purposes of this section, "willfully" has the meaning provided in section
12.1-02-02.
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North Dakota code § 14-09-05.1. Grandparental rights of visitation to unmarried minor child - Mediation
or arbitration.
1. The grandparents and great-grandparents of an unmarried minor child may be
granted reasonable visitation rights to the child by the district court upon a finding
that visitation would be in the best interests of the child and would not interfere with
the parent-child relationship.
2. The court shall consider the amount of personal contact that has occurred between
the grandparents or great-grandparents and the child and the child's parents.
3. This section does not apply to agency adoptions or when the child has been adopted
by a person other than a stepparent or grandparent. Any visitation rights granted
under this section before the adoption of the child may be terminated upon the
adoption if termination of the rights is in the best interest of the child.
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4. An application for visitation rights under this section may be
considered by the
district court in conjunction with a divorce proceeding involving the parent of the
minor child. If any district court of this state retains jurisdiction over the residential placement of the minor child or
children by virtue of any prior proceedings, the rights
conferred by this section may be enforced by the grandparents or the
great-grandparents through motion under the prior proceeding. If no district court
otherwise has jurisdiction, a proceeding to enforce grandparental rights may be
brought against the parent having primary residential responsibility as a civil action
and venued in the county of residence of the minor child.
5. The district court may require mediation of the matter under
chapter 14-09.1. If
mediation fails and if the mediator agrees, the court may order the dispute arbitrated
by the person who attempted mediation. Joinder of grandparents or of
great-grandparents awarded visitation rights under this section must occur in any
proceeding to terminate parental rights.
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North Dakota code § 14-09-06.2. Best interests and welfare of child - Court consideration - Factors.
1. For the purpose of parental rights and responsibilities, the best interests and welfare
of the child is determined by the court's consideration and evaluation of all factors
affecting the best interests and welfare of the child. These factors include all of the
following when applicable:
a. The love, affection, and other emotional ties existing between the parents and
child and the ability of each parent to provide the child with nurture, love,
affection, and guidance.
b. The ability of each parent to assure that the child receives adequate food,
clothing, shelter, medical care, and a safe environment.
c. The child's developmental needs and the ability of each parent to meet those
needs, both in the present and in the future.
d. The sufficiency and stability of each parent's home environment, the impact of
extended family, the length of time the child has lived in each parent's home,
and the desirability of maintaining continuity in the child's home and
community.
e. The willingness and ability of each parent to facilitate and encourage a close
and continuing relationship between the other parent and the child.
f. The moral fitness of the parents, as that fitness impacts the child.
g. The mental and physical health of the parents, as that health impacts the child.
h. The home, school, and community records of the child and the potential effect
of any change.
i. If the court finds by clear and convincing evidence that a child is of sufficient
maturity to make a sound judgment, the court may give substantial weight to
the preference of the mature child. The court also shall give due consideration
to other factors that may have affected the child's preference, including whether
the child's preference was based on undesirable or improper influences.
j. Evidence of domestic violence. In determining parental rights and
responsibilities, the court shall consider evidence of domestic violence. If the court finds credible
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evidence that domestic violence has occurred,
and there
exists one incident of domestic violence which resulted in serious bodily injury
or involved the use of a dangerous weapon or there exists a pattern of
domestic violence within a reasonable time proximate to the proceeding, this
combination creates a rebuttable presumption that a parent who has
perpetrated domestic violence may not be awarded residential responsibility for
the child. This presumption may be overcome only by clear and convincing
evidence that the best interests of the child require that parent have residential
responsibility. The court shall cite specific findings of fact to show that the
residential responsibility best protects the child and the parent or other family or
household member who is the victim of domestic violence. If necessary to
protect the welfare of the child, residential responsibility for a child may be
awarded to a suitable third person, provided that the person would not allow
access to a violent parent except as ordered by the court. If the court awards
residential responsibility to a third person, the court shall give priority to the
child's nearest suitable adult relative. The fact that the abused parent suffers
from the effects of the abuse may not be grounds for denying that parent
residential responsibility. As used in this subdivision, "domestic violence"
means domestic violence as defined in section 14-07.1-01. A court may
consider, but is not bound by, a finding of domestic violence in another
proceeding under chapter 14-07.1.
k. The interaction and interrelationship, or the potential for interaction and
interrelationship, of the child with any person who resides in, is present, or
frequents the household of a parent and who may significantly affect the child's
best interests. The court shall consider that person's history of inflicting, or
tendency to inflict, physical harm, bodily injury, assault, or the fear of physical
harm, bodily injury, or assault, on other persons.
l. The making of false allegations not made in good faith, by one parent against
the other, of harm to a child as defined in section 50-25.1-02.
m. Any other factors considered by the court to be relevant to a particular parental
rights and responsibilities dispute.
2. In any proceeding under this chapter, the court, at any stage of the proceedings after
final judgment, may make orders about what security is to be given for the care,
custody, and support of the unmarried minor children of the marriage as from the
circumstances of the parties and the nature of the case is equitable.
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North Dakota code § 14-09-30. Parenting plans - Contents.
1. In any proceeding to establish or modify a judgment providing for parenting time with
a child, the parents shall develop and file with the court a parenting plan to be
included in the court's decree. If the parents are unable to agree on a parenting
plan, the court shall issue a parenting plan considering the best interests of the child.
2. A parenting plan must include, at a minimum, provisions regarding the following or
an explanation as to why a provision is not included:
a. Decision making responsibility relative to:
(1) Routine or day-to-day decisions; and
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(2) Major decisions such as education, health care, and spiritual
development;
b. Information sharing and access, including telephone and electronic access;
c. Legal residence of a child for school attendance;
d. Residential responsibility, parenting time, and parenting schedule, including:
(1) Holidays and days off from school, birthday, and vacation planning;
(2) Weekends and weekdays; and
(3) Summers;
e. Transportation and exchange of the child, considering the safety of the parties;
f. Procedure for review and adjustment of the plan; and
g. Methods for resolving disputes. |
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North Dakota code§ 14-09-32.
Parental rights and responsibilities.
1. Each parent of a child has the following rights and responsibilities:
a. Right to access and obtain copies of the child's educational, medical, dental,
religious, insurance, and other records or information.
b. Right to attend educational conferences concerning the child. This right does
not require any school to hold a separate conference with each parent.
c. Right to reasonable access to the child by written, telephonic, and electronic
means.
d. Duty to inform the other parent as soon as reasonably possible of a serious
accident or serious illness for which the child receives health
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care treatment. The parent shall provide to the other parent a description
of the serious accident or serious illness, the time of the serious accident or serious illness, and the name and location of
the treating health care provider.
e. Duty to immediately inform the other parent of residential telephone numbers and address, and any changes to the same.
f. Duty to keep the other parent informed of the name and address
of the school
the child attends.
2. The court shall include in an order establishing or modifying parental rights and
responsibilities the rights and duties listed in this section; however, the court may
restrict or exclude any right or duty listed in this section if the order states the reason
in support of the restriction or exclusion. The court shall consider any domestic
violence protection orders relating to the parties when determining whether to restrict
or exclude any right or duty listed in this section. |
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The North Dakota Code that
appears here may not include all provisions of Family Law. Some redacting has occurred. You should consult the ND code or
a North Dakota divorce attorney.
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