Under North Dakota law, a legal separation and a divorce are similar in many aspects. The main difference is that a divorce will permanently end the marriage, while a separation will not. Also, legal separation is often temporary, whereas a divorce is always permanent.
Other than that, the requirements for a separation and a divorce are generally the same, including filing the proper paperwork with the court and identifying specific grounds for the termination of the relationship.
Like the other states, North Dakota allows for “no-fault” divorce. That means that you can get a divorce without blaming either party for the breakup. Instead, you indicate that your marriage is ending because you and your spouse have “irreconcilable differences.”
It is possible to obtain a North Dakota divorce based on misbehavior by the other party. This is sometimes desired because if your spouse has acted particularly poorly and the judge hears evidence of this, you might be granted some extras: more property, higher alimony, etc. The grounds for a “fault” divorce are:
- Adultery
- Extreme cruelty
- Willful desertion
- Willful neglect
- Abuse of alcohol or controlled substances
- Conviction of a felony
Unlike some other states, North Dakota law does not require you to be separated from your spouse for any particular length of time before you can file for separation or divorce and does not require you to engage in counseling. However, you must have lived in North Dakota for at least 6 months before you can file for a separation or divorce.
What Paperwork is Needed to File for Divorce in North Dakota?
North Dakota has three main types of divorce: uncontested, summary, and contested. Each type has its own paperwork requirements.
You can file for an uncontested divorce if you and your spouse do not have children and you agree on all the issues in a divorce (separation of property, e.g.) To obtain an uncontested divorce, you and your spouse must complete a “Divorce with Agreement — No Children” form, which can be found on the North Dakota Courts website. File it with the local family law court. You will need to inform your spouse of your intent to get a divorce before you file the paperwork because you will need their assistance in completing the form before it can be filed. Altogether, you will file or obtain ten different documents, such as a summons, a list of debts and assets, etc.
A summary divorce is similar to an uncontested divorce in that it can only be utilized by couples who agree on the major issues of a divorce. However, it has differences. For one, it is restricted to couples whose assets are under $50,000 (not including their home). Unlike an uncontested divorce, which cannot involve children, couples who have children may file for a summary divorce.
You may file for summary divorce by submitting a “Summary Divorce” form, which can also be obtained from the North Dakota Courts website. You and your spouse may file the completed form with your local family law court. As with an uncontested divorce, you must notify your spouse before you file the Summary Divorce form since their cooperation will be necessary. Altogether, each of you will file or obtain 8 documents.
Finally, there is contested divorce for couples who disagree on certain items or issues. Unlike summary and uncontested divorces, the court does not provide a single specific form. Instead, you will need to draft your own complaint and file it with the court. Unlike summary and uncontested divorces, you will not need to inform your spouse of your intent to get a divorce.
Although you will draft your own complaint to begin the divorce process, there are documents you’ll need to obtain from the court to proceed. The first is a “Summons form – Divorce or Separation Actions.” This type of formal demand letter goes with your divorce complaint and notifies your spouse that a divorce has been started and that they should respond directly to the court with an “Answer.”
You will also file a ‘Confidential Information” form when you file the divorce complaint. This form will contain basic information about the parties and the marriage. The document asks for both of your Social Security numbers, so it will not be part of the public record.
If children are involved, you must create and file an “Affidavit of Custody Jurisdiction.”
How is Community Property Different from Separate Property in North Dakota?
Like most states, North Dakota operates as an equitable property state. Instead of dividing up the assets owned by a couple equally between the spouses (that is what a community property state does), courts will divide the assets in a manner that is considered fair to both parties in the eyes of the court. That may mean that one part receives more property than the other does.
Unlike most other states, North Dakota does not treat any property owned by either spouse as separate property. Any property you or your spouse own is considered part of your total marital assets. As such, it will all be subject to being divided equitably, or fairly, by the court. This even includes any property that was acquired before getting married.
What Should I Do if Children are Involved in a Divorce Filed in North Dakota?
One of the most difficult aspects of divorce for parents is determining child custody and child support. Parents getting divorced in North Dakota are provided the opportunity to work these issues out themselves without the court getting involved. The North Dakota Department of Health and Human Services has a website where you can input, among other things, both parents’ financial needs and income, and it will generate an estimate of the amount of child support that will be expected to be paid.
If you are filing for a summary divorce, you must agree on child support and custody before you file the official paperwork with the court. If parents cannot decide on these matters on their own, the court will examine several factors to decide what kind of custody arrangement is in the child’s best interests.
Do I Need to Pay Alimony in North Dakota?
North Dakota allows courts to grant spousal support (formerly known as “alimony”) for a set amount of time, depending on the divorce circumstances. Spousal support may be terminated if the person receiving it remarries or lives with another person in a relationship similar to a marriage for at least a year.
There is an exception to the rule about terminating the support early: if the spousal support is ordered with the intent of aiding the receiving spouse in getting on their feet as an unmarried person, then it is viewed as rehabilitative support. As such, it cannot be terminated before its set end time.
Where Can I Find the Right North Dakota Divorce Lawyer?
Divorcing a spouse can be an emotionally taxing life event. With an experienced divorce lawyer, it can be a little less daunting.
Some problems are more complex than others, and having legal representation throughout can be invaluable. Issues that can make divorce more complex include:
- Having a lot of assets or debts to divide up
- Having children – e.g., determining child support
- The marriage has lasted a long time
- The parties do not have a cooperative relationship
Ending a marriage can be traumatic, and mistakes can be costly. If you and your spouse have a large amount of money or other assets, hiring an attorney who can protect your interests while negotiating a favorable outcome to the case is good. Divorces that involve minor children, considerable debt or property, a bad relationship between the parties, and marriages that have lasted a long time are best handled by a North Dakota divorce lawyer.
