North Dakota Divorce
Find relevant North Dakota divorce information, including divorce lawyers to handle your case, legal separation and divorce forms, child support calculators, and state laws concerning divorce and child custody. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersDivorce & Parenting Services Private Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersOnline DivorceDivorce and Separation Forms Divorce Form Preparation QDRO Preparation Family Law ResourcesDivorce LawsChild Support Guidelines North Dakota Child Support Calculator Child Support Enforcement |
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NORTH DAKOTA DIVORCE LAWYERS
Need a Divorce Lawyer?
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thoroughly review the experience, availability and price of
pre-screened attorneys before deciding whom to contact.
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of North Dakota. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your North Dakota divorce today.
QDRO PREPARATION
QdroDesk - is an industry proven online service providing divorcing spouses with an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs), the appropriate settlement agreement language, and processing instructions to divide a retirement account upon divorce. The service is a result that only 45 years of combined QDRO experience can provide. When combining this expertise with a smart question and answer technology, QdroDesk has easily become the ideal solution for QDRO preparation.
DIVORCE AND PARENTING SERVICES
Center for Divorce Education
1005 East State Street, Suite G
Athens, OH 45701
Phone: 740-594-2526
Email:
Online parenting education to keep children out of the middle of divorce.
Christian Divorce Services
1217 Hilltop Ave
Fayetteville, NC 28305
Phone: 614-774-3766
Email:
We have locations in every state. When reconciliation has failed, we provide Christian legal alternatives consistent with 1Cor 6: 1-8. Please Contact Michael Wayland at our central office for a referral to a local office.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Instant Background Report - Find out date of birth and marital status, address history and aliases, criminal and court records, sex offender searches, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
Economic Empowerment For Women - BreakFreee.org is a non-profit organization offering free, unbiased, access to financial information and education to low to middle income women. Key features of the website include: Financial issues for divorcees, financial calculators, and a database of Frequently Asked Questions where you can submit questions and receive unbiased answers from financial planners.
60 West Olsen Road #3500
Thousand Oaks, CA 91360
Phone: 888-372-4155
Email:
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis AssistanceShelters and Hotlines in North Dakota
Counsel on Abused Women's Services
NORTH DAKOTA DIVORCE LAW SUMMARY
General Divorce Information (PDF Document)Complete North Dakota Domestic Relations and Divorce Statutes
RESIDENCY REQUIREMENTS AND WHERE TO FILE: A separation or divorce may not be granted unless the plaintiff has been a resident of the state for six months before filing the petition. If the plaintiff has not been a resident of this state for the six months preceding commencement of the action, a separation or divorce may be granted if the plaintiff in good faith has been a resident of this state for the six months immediately preceding entry of the decree of separation or divorce. The action must be brought in the county in which the defendant or one of the defendants resides at the time of the commencement of the action. [Based on North Dakota Century Code; Chapters 14-05-17 and 28-04-05]
LEGAL GROUNDS FOR DIVORCE: Divorces may be granted for any of the following causes:
- Adultery.
- Extreme cruelty.
- Willful desertion.
- Willful neglect.
- Abuse of alcohol or controlled substances.
- Conviction of felony.
- Irreconcilable differences.
LEGAL SEPARATION: The court may grant a temporary or permanent decree of separation for any cause for which a divorce may be decreed. Upon the granting of a separation, the court may include in the decree an order requiring a party to pay for spousal support and for the support of any minor children of the parties. The decree may also provide for the equitable division of the property and debts of the parties. [Based on North Dakota Century Code; Chapters 14-05-03.1 and 14-05-27]
MEDIATION OR COUNSELING REQUIREMENTS: 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. [Based on North Dakota Century Code; Chapters 14-09.1-02]
PROPERTY DISTRIBUTION: When a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties. The court may redistribute property in a post-judgment proceeding if a party has failed to disclose property and debts as required by rules adopted by the supreme court or the party fails to comply with the terms of a court order distributing property and debts. [Based on North Dakota Century Code; Chapters 14-05-24]
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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Taking into consideration the
circumstances of the parties, the court may require one party to
pay spousal support to the other party for any period of time. [Based on North Dakota Century Code; Chapters
14-05-24.1]
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CHILD CUSTODY: Custody may be awarded to either the father or the
mother. For the purpose of custody, the best interests and welfare of the
child is determined by the court's consideration and evaluation of all factors
affecting the best interests and welfare of the child. These factors include all
of the following when applicable:
- 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.
- Any other factors considered by the court to be relevant to a particular child custody dispute.
[Based on North Dakota Century Code; Chapters 14-09-06.2]
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CHILD SUPPORT: The court may compel either or both of the
parents to provide for the support of their children. A judgment or order
requiring the payment of child support until the child attains majority
continues as to the child 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, if: a) The child is enrolled and attending high school and is
eighteen years of age prior to the date the child is expected to be graduated;
and b) The child resides with the person to whom the duty of support is
owed.
The department of human services shall establish child support guidelines to assist courts in determining the amount a parent should be expected to contribute toward the support of the child under this section. [Based on North Dakota Century Code; Chapters 14-09-08, 14-09-08.2, 14-09-09.7]
PREMARITAL AGREEMENT: The right of a child to support may not be adversely affected by a premarital agreement. Parties to a premarital agreement may contract with respect to:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
- The modification or elimination of spousal support.
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
- The ownership rights in and disposition of the death benefit from a life insurance policy.
- The choice of law governing the construction of the agreement.
- Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: a) That party did not execute the agreement voluntarily; or b) The agreement was unconscionable when it was executed and, before execution of the agreement, that party: (1) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (2) Did not voluntarily sign a document expressly waiving any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (3) Did not have notice of the property or financial obligations of the other party.
If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. [Based on North Dakota Century Code; Chapters 14-03.1] » Return to top