North Dakota Divorce
Information and FAQ
A divorce may be granted in the State of North Dakota 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; 8. Irreconcilable
differences. 14-05-03
Residency requirements North Dakota requires 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. 14-06-06
Venue An action for divorce must be brought in the county where
the defendant resides. If the defendant is not a resident of the
State of North Dakota, the suit may be brought in any county the
plaintiff designates. 28-04-05.
Name of court and title of action/parties An action for divorce
in North Dakota is filed in the District Court. The title of the
action initiating the divorce is a Complaint for Divorce, while the
title of the action granting the divorce is referred to as a Decree
of Divorce. The party filing the action is the Plaintiff, while the
other party to the action in referred to as the Defendant. Legal
separation A decree of legal separation may be granted in the State
of North Dakota upon the same grounds as a Decree of Divorce.
14-06-01
Alimony Either party may be ordered to pay alimony to the other
spouse for support during life or for shorter durations as the court
deems just, taking into consideration the circumstances of the
parties. 14-05-24
Property division Upon divorce, the court will equitably
distribute the real and personal property of the parties as it deems
just and proper. 14-05-24
Mediation 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.
14-09.1-02.
Child custody The court will award custody based upon the best
interests and welfare of the child. Between the parents there is no
presumption as to who will better promote the best interests of the
child. Factors the court will consider in determining the child's
best interests include: 1. The love, affection, and other emotional
ties existing between the child and parents; 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.; 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; 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; 13. Any
other relevant factor.
Child support The State of North Dakota has enacted child support
guidelines which establish the amount of child support which is
presumed to be the correct amount to be paid. This presumption may
be rebutted by a showing of evidence that the amount under the
guidelines would be unjust or inappropriate. Should the court
deviate from the guidelines, it must make a written finding stating
the amount that would have been owed under the guidelines, identify
the reasons for deviation from the guidelines, and state the amount
that is to be owed.
Name change Although there is no statutory provision for the
change of a person's name upon entry of a decree of divorce, North
Dakota case law permits a party to change his or her name upon
request.
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