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North Dakota Divorce Forms
This is a list of the most commonly filed divorce forms for the state of North Dakota. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in North Dakota, certain forms may or may not be required by the North Dakota courts.
Form 1 -- Summons
The Summons puts the Defendant on notice that he has 20 days to file an Answer or face a default judgment against him or her and warns that a failure to obey the Notice of Temporary Restraining Provisions against dissipation of marital assets and harassment of the other spouse means that he or she may be found guilty of contempt.
Form 2 -- Complaint
The Complaint, which must be verified by the Plaintiff, lists irreconcilable differences as the grounds for divorce and stipulates that the parties meet the conditions for a simplified dissolution in North Dakota.
Form 3 -- Verification
The Verification, which must be notarized, certifies the truth of the complaint and must be notarized. A false verification puts the Plaintiff at risk of contempt of court.
Form 4 -- Settlement Agreement
The Settlement Agreement, which is signed by both spouses and must be notarized, stipulates the terms and conditions of the division and distribution of the marital estate. The Agreement, if approved by the court, becomes incorporated by reference in the divorce decree.
Form 5 -- Property and Debt Listing
The Property and Debt Listing, which is signed by both spouses and must be notarized, is filed only if the parties have agreed to a property settlement and "have agreed upon the values of each of the ... items of property and the outstanding amount of each debt." From the information on this form, the court determines the fairness of the division of assets and liabilities in the Settlement Agreement.
Form 6 -- Admission of Service
The Admission of Service, which must be signed by the Defendant and notarized, attests to the receipt and acceptance of the Summons and Complaint. The Admission of Service means that the Defendant waives formal service of the divorce papers.
Form 7 -- Affidavit of Proof for Stipulated Judgment
The Affidavit of Proof for Stipulated Judgment, which is signed by the Plaintiff and must be notarized, recapitulates the compliant and incorporates the terms of the Settlement Agreement into the Court’s Findings of Fact, Conclusions of Law and Order of Judgment.
Findings of Fact, Conclusions of Law and Order for Judgment
The Findings of Fact, Conclusions of Law and Order of Judgment states the court’s finding and conclusions about the case and orders the divorce.
The Judgment, which contains the same information in the Judgment [Redacted], ends the marriage. The Judgment [Redacted] contains personal information that is not included in the final Judgment.
Petition for Waiver of Fees
An indigent Plaintiff may file a Petition for Waiver of Fees, asking that the court waive filing fees associated with the dissolution.
Financial Affidavit in Support of Petition of Wavier of Fees
The indigent Plaintiff files a Financial Affidavit in Support of Petition of Waiver of Fees, which profiles the finances of both the Plaintiff and the Defendant.
Order Waiving Filing Fees
If the court approves the Financial Affidavit in Support of Petition of Waiver of Fees, it issues an Order Waiving Filing Fees.
In North Dakota, child custody may be awarded to either the father or the mother. The court determines the best interests and welfare of the child by evaluating a number of factors, including, but not limited to, the following: the love, affection, and other emotional ties existing between the parents and child, the capacity and disposition of the parents to give the child love, affection, and guidance and to continue the education of the child, the disposition of the parents to provide the child with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs, and any other factors considered by the court to be relevant to a particular child custody dispute.
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