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North Dakota Divorce Facts

When going through a divorce in in North Dakota, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of North Dakota should know. The facts listed here are only a selected few of the more comprehensive set of North Dakota Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified North Dakota Divorce Professional.

  • A person must be a resident of North Dakota for six months before filing for a separation or divorce. The action must be brought in the county in which the defendant or one of the parties resides at the time of the commencement of the action.
  • Divorces may be granted for irreconcilable differences, which is no- fault, as well as on the fault grounds of adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances and conviction of felony.
  • The court may grant a temporary or permanent decree of separation for any cause for which a divorce may be decreed. The court may include in the decree an order requiring payment of alimony and child support. The decree may also provide for the equitable division of the property and debts of the parties.
  • In any proceeding involving an order, modification or enforcement related to custody, support, or visitation in which issues are 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.
  • The court divides property and debts of the parties equitably. The court may redistribute property after the divorce if a party has failed to disclose property and debts properly or the party fails to comply with the terms of a court order distributing property and debts.
  • The court may require one party to pay spousal support to the other party for any period of time based on the circumstances of the parties.
  • Custody may be awarded to either the father or the mother. The court determines the best interests and welfare of the child by evaluating these following factors: 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, the length of time the child has lived in a stable satisfactory environment and the desirability of maintaining continuity, the permanence, as a family unit, of the existing or proposed custodial home, the moral fitness of the parents, the mental and physical health of the parents; the home, school, and community record of the child, the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference, evidence of domestic violence, 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, the making of false allegations, not made in good faith, by one parent against the other, of harm to a child, and any other factors considered by the court to be relevant to a particular child custody dispute.
  • The court may compel either or both of the parents to support their children. A judgment or order requiring the payment of child support until the child attains majority continues until the end of the month during which the child is graduated from high school or attains the age of nineteen years, whichever occurs first. The child must reside with the person to whom the duty of support is owed.

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