|
Locate the topic you have an interest
in, and click on it
North
Dakota divorce laws
| North
Dakota Divorce Laws |
Link |
| North Dakota Child Support
Enforcement |
Link |
| North Dakota Low Income Self
Help |
Link |
| North Dakota Bar Association |
Link |
| North Dakota Abused
Women's Services (safety) |
Link |
| North Dakota Child Support Calculator |
Link |
| North Dakota Alternative Dispute
Resolution |
Link |
| North Dakota Self-Representation
Self-Help |
Link |
| North Dakota Free Divorce and Support
forms (download) |
Link |
Child
Support
 North
Dakota divorce laws, unlike most states',
uses a flat percentage of the non-custodial
parent's income, as opposed to the Income
Shares model, which adds the two parents
incomes together and then uses a chart to determine percentages for each.
(It is important to note that South Dakota
computes child support using the latter method).
Any deviation from state guidelines will
be accompanied with an explanation. The court can order
child support payments be guaranteed by wage
assignments and wage withholding orders.
All child support orders will be reviewed
every 3 years, unless neither parent requests
such a review.
Excluded from the calculation of child support (and are typically items that reduce gross income) are: Medicare and Social Security taxes, Federal and state income taxes, union dues and health insurance payments, and any other fixed, mandatory payments.
Also taken into account in the calculation
of both parents incomes are the amount of time the child spends with each
parent, the number of offspring, and any special educational or medical
expenses.
| Divorce Myth: Divorce may cause problems for many of the children who are affected by it, but by and large these problems are not long lasting and the children recover relatively quickly. Reality: Divorce increases the risk of interpersonal problems in children. There is evidence, both from small qualitative studies and from large-scale, long-term empirical studies, that many of these problems are long lasting. In fact, they may even become worse in adulthood. |
Residency 
North Dakota divorce statutes require that
the plaintiff to a divorce action be a resident
in good faith of the State for at least six
months prior to granting a Decree of Divorce.
Visitation
During the process of a divorce or separation
proceeding, the parties have the opportunity to create and agree to a
visitation (parenting) agreement. Should they be unable to fashion the
visitation schedule, the court will impose its own on the couple. Either
way, it is wise to consider and incorporate the following considerations
into the agreement: How is the decreed custody defined? What are the rights
and responsibilities? Who has legal custody? Which holiday does the child
spend with you? What time and where may the other parent pick the child
up? What time should the child be returned home? What is the procedure
to follow if either of you are running late and won't be there on time?
How much notice should you be given if they are planning a vacation? How
far away may the other spouse move? What about future partners? Should
those partners stay overnight in front of the children?
The visitation
agreement is likely to contain the following details as the basis the non-custodial
parents time with the children: alternate weekend visitation (3-day weekends
included), mid-week visitation, sharing of the children during periods
of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh
Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or
the other in alternate years, Father's Day with Father, Mother's Day with
Mother, alternate years on the children's birthdays, and open communication
by phone and computer.
Marital Separation or Legal Separation
One must petition the court in much the same
fashion as a divorce, by claiming grounds in a complaint and having the
partner served. The decree of separation can be temporary or permanent.
A Legal Separation Agreement must be submitted to the court, resolving
all issues between the couple except marital status. That remains married
and without the ability to remarry. The court will likely 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. The decree will likely provide
for the equitable division of the property and debts of the parties. Legal
separation is sometimes pursued when one of the parties wants to stay
married for religious reasons, wants the advantage of deductibility of
spousal support payments for income tax reasons, wants to maintain various
insurance coverage's, or do not want to wait the state statutory waiting
period for termination of marital status.
Child Custody 
 The
court will award custody
based upon the best
interests and welfare
of the child as outlined
in North Dakota divorce
laws.
Family
courts are mandated
that they show no bias
toward one parent over
the other when awarding
primary child custody.
Historically most custody
awards have gone to
Mothers, but in recent
years courts
are finding Fathers
are appropriate primary
custodians. In order
to promote the best
interests of the minors
of any marriage, the
court may consider the
following: 1. The love,
affection, and other
emotional ties existing
between the child and
parents; child custody,
2. The capacity and
disposition of the parents
to give the child love, affection, and guidance and to continue
the education of the child; 3. The disposition of the parents
to provide the child
with food, clothing,
medical care, etc.;
child custody; 4. The
length of time the child
has lived in a stable,
satisfactory environment
and the desirability
of maintaining continuity;
5. The permanence of
the existing custodial
home; child custody;
6. The moral fitness
of the parents; 7.
The mental and physical
health of the parents;
8. The home, school
and community record
of the child; 9. The
reasonable preference
of the child; 10. Evidence
of domestic abuse; 11.
The interaction and
interrelationship of
the child with any person
who may significantly
affect the child's best
interests; 12. The
making of false accusations
of harm to the child
Grounds
for
Divorce
A divorce may be granted under North
Dakota divorce laws based on the following
grounds: 1. Adultery; 2. Extreme cruelty; 3. Willful desertion for a
period of one year; 4. Willful neglect for a period of one year; 5. Habitual
intemperance for a period of one year; 6. Conviction of a felony; 7.
Insanity for a period of five years; and, 8. Irreconcilable differences
| Divorce Myth: Living together before marriage is a good way to reduce the chances of eventually divorcing. Reality: Many studies have found that those who live together before marriage have a considerably higher chance of eventually divorcing. The reasons for this are not well understood. In part, the type of people who are willing to cohabit may also be those who are more willing to divorce. There is some evidence that the act of cohabitation itself generates attitudes in people that are more conducive to divorce, for example the attitude that relationships are temporary and easily can be ended. |
Marital Annulment or Marriage Annulment
When a North Carolina court declares a marriage annulled,
they are declaring a marriage void and illegal. Annulment must be petitioned
to the court as divorce and separations are. Your partner will be served.
The burden of proof is greater for an annulment than it is for a divorce.
In order to qualify for a petition for annulment, one must cite and prove
one of the following grounds for annulment: Fraud & Duress- If you
have given your consent for the marriage under a threat or duress, you
can get annulment under North Dakota annulment laws, Bigamy- Bigamy is
when a married person enters into another marriage without divorcing from
his or her first spouse and is a valid ground for annulment, Mental illness-
your spouse isn't likely to gain back herself, and Physical disability-
unable to consummate the marriage.
Mediation or Counseling
 In any proceeding involving an order, modification of an order, or enforcement of an order for the custody, support, or visitation of a child in which the custody or visitation issue is contested, the court may order mediation at the parties' own expense. The court may not order mediation if the custody, support, or visitation issue involves or may involve physical or sexual abuse of any party or the child of any party to the proceeding.
Alimony/Maintenance/Spousal
Support
 North
Dakota divorce statutes
specify the terms of
this hot potato. Either
party may be ordered
to pay alimony to the
other spouse for support
during life or for shorter
duration as the court
|
