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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