Divorce papers in North Dakota — filing for divorce in ND

Online divorce in North Dakota

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How to get divorce in North Dakota

Online Divorce provides qualitative and approved by North Dakota courts divorce papers. The information below may help to understand more about the divorce in North Dakota. onlinedivorce.com provides quick and inexpensive services of online divorce in North Dakota.


The key conditions to get a divorce in North Dakota are:

1

The marriage must be legal and de jure formalized, which means that the marriage must be recognized by the laws of North Dakota.

2

Pointing out the ground under which the marriage is to be terminated. State law allows couples to have both the fault and no-fault grounds, although the fault grounds for divorce must be proven before the court.

3

The residency requirements of the state must be met.

4

The appropriate North Dakota divorce papers must be filled out and submitted to the court.

5

Online Divorce may help with preparing all the necessary documents that correspond to the particular divorce case.

6

The copies of the divorce paperwork should be delivered to the non-filing spouse (Defendant) by one of the officially-allowed methods.

Residency:

In order to file for divorce in this state either spouse has to be a legal resident of North Dakota, meaning, to live in North Dakota for at least 180 days (6 months).

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Valid grounds to get divorce in North Dakota

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In North Dakota, both fault and no-fault grounds for divorce are recognized.

No-fault ground for divorce means that the spouses can just state that their marriage is irretrievably broken and they can't get along anymore.

Fault grounds for divorce must be proven before the court, it's not enough just to testify some the spouse's wrongdoing, his/her fault of a breakup. Among the North Dakota fault grounds for divorce are:

#1

Adultery;

#2

Drugs addiction, alcohol addiction or any other addiction;

#3

Violence (this can be any form of domestic violence, cruel and inhuman treatment);

#4

Willful desertion;

#5

Willful neglect;

#6

Conviction of felony.

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Annulment of the marriage in North Dakota

The difference between divorce and annulment is that an annulment means that the marriage was never valid according to the state laws while a divorce terminates the legal marriage. 

An annulment can be grant only under some certain grounds established by the state law, not because of the spouses' wish. So, in North Dakota the following types of marriages are considered to be void:

  • If both of one partner was underage and their parents or guardians did not sign the documents.
  • If one partner or both partners were already married with another person when they entered this marriage. Bigamy is prohibited in North Dakota, so such marriage will be 100 % annulled.
  • If one partner was mentally ill. Such marriage will be considered as invalid. On the other hand if the court will found out that this person sounds healthy now such petition will be declined.
  • If either party lied about some essential fact which is truly important for the marriage.
  • If one partner can not have physical relationship with his/her spouse due to his/her health condition.
  • Marriage between close relatives is considered invalid in North Dakota.
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Custody of the child in North Dakota

Custody of the child

In North Dakota, a custody of a child is considered according to the child interests. That is why the court usually bases its decision on the following factors:

  • Child’s desires.
  • Parent’s desires.
  • Relationship of a child with other member of the family such as brothers, sisters, grandmother, grandfather, aunt, uncle, etc.
  • Where the child will study (school, kindergarten, extra classes, child’s hobbies, sport, etc).
  • Mental and physical health of a child.
  • Mental and physical help of both parents.
  • The atmosphere in a family (loving and caring or neglected and violent).
  • Who cared about the child before the divorce.
  • Parent’s working hours and schedule.
  • Ability of parents to raise a child.
  • Whether a parent has or had problems with the alcohol, drugs or any other addiction.
  • Who lives with a parent at this moment.
  • Does parent’s new partner love children, does he/she has or had some problems with the alcohol, drugs or any other addictions.
  • Was a parent involved in any kind of domestic violence.
  • Any other factors that a court will consider as important.

Rules for child support in North Dakota

?hild support is usually calculated according to the parents' income and it must be paid until the child reaches 18 years old.


Here is a state calculation of a child support (when an income of a parent is $6000 or less):

 

1 child

17% of income

 

2 children

25% of income

 

3 children

29% of income

 

4 children

31% of income

 

5 children or more

34% of income

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Rules for spousal support in North Dakota

Rules for spousal support


Spousal support is a periodic payment from the one former spouse to the other who earns less and has less property. More often, the purpose of a spousal support is to help the spouse who missed some job opportunities (due to the role of a homemaker or spending time at kids' upbringing or supportinh the other spouse's education and professional development etc) to become self-supporting.
But generally, there are three main type of alimony or spousal support:

  • Permanent spousal support (this type of support a spouse get after divorce and it is given when he/she is unable to become self-supporting).
  • Rehabilitative spousal support (this type of support a spouse gets for her education in order to achieve some skills, knowledge, etc.).
  • Temporary spousal support.

There are a few cases when the court may oblige either spouse to pay spousal support in North Dakota, these are

  • The marriage lasted more than 10 years;
  • The spouse is disabled;
  • The spouse's income is very low;
  • The spouse do not have any education or degree;
  • The spouse has a bad health condition;
  • Other reasons;

There are a few factor that will be taken into consideration while deciding a spousal support amount:

  • Financial situation of each partner.
  • Age and health of each partner.
  • How was the property divided between the partners.
  • Partner’s ability to earn money.
  • Education of each partner.
  • Whether partners have minor children or not.
  • Separate assets of each party.
  • How many years the partners were in legal marriage.
  • Any other factors.

Divorce without a lawyer in North Dakota

Cases, when a divorce is made without the participation of a lawyer, are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". A divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it may be rather convenient to initiate the Pro Se Divorce.

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Mediation support in North Dakota

Any spouse has a right to ask for help from mediators in resolving disputes during a divorce in North Dakota. In this case, the court can postpone the case for up to 60 days.

Divorce forms in North Dakota

There are a lot of divorce forms which may be needed in different types and circumstances of North Dakota divorce. So it is important to select the forms appropriate for a certain divorce case attentively, and not to miss anything.
Online divorce is a good helper with divorce forms preparation. We can select and prepare the forms according to your county rules, personal circumstances and so on, so that you could save your time and nerves.

Uncontested divorce in North Dakota

Uncontested divorce in North Dakota

An uncontested divorce occurs when the spouses agree to the fact that their marriage is irretrievably broken (the no-fault ground for divorce) and when they are ready to cooperate in order to write up a marital agreement, parenting plan, etc and avoid the trial.
On the other hand, a contested divorce occurs when there is a fault-based ground for divorce, or when the spouses' desire to divorce is not mutual.

Surely, an uncontested divorce, as it's allowed to be arranged without a lawyer, typically takes less time and money.

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