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 the court North Dakota divorce papers. The information below will help you understand more about the divorce in North Dakota. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in North Dakota. We guarantee that in a short time you will receive the correct North Dakota divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get divorce in North Dakota:

1

You can get a divorce in North Dakota only if you were legally married. It is ok if your wedding ceremony took place in another state or even another country, you just need to have appropriate documents that will prove your marriage.

2

You can have fault or no-fault reasons to divorce in North Dakota.

3

You or your partner must be a legal resident of North Dakota.

4

You must reach an agreement with your spouse as for main aspects of your divorce such as division of your property ( houses, cars, bank accounts, debts) and division of your children. You must sign Divorce agreement in the presence of your attorney and then add this document to the other divorce documents you are going to file to the court.

5

You must fill out all the necessary North Dakota divorce papers. Most of people do not like filling document as it is very difficult process. Talking about divorce documents filling we should add that this is not easy process for sure. As you have not only fill all the relevant form appropriately, but you also need to know what forms to choose exactly for your case. if you are military you have special forms to fill, if you have children you need to feel Child Support documents, so you need to take into account every details of your case and sometimes it is very difficult to remember all the aspects of it.

That is why most of the attorneys and judges recommend to ask for a help Online Divorce. We know that you do not have time to fill all the document and we know it is difficult for you. We know that you do not have big sums of money and that all this divorce process is a great stress for you.

That is why Online Divorce offer you:
- choosing appropriate divorce form documents that correspond to your divorce case;
- filling these documents out according to the rules of North Dakota;
- saving your time for all the divorce issues;
- saving your money you are going to spend for an attorney;

6

When you have already finished all your documents filling and reached at agreement with your spouse, it is time to file your documents to the court. If your documents are accepted from the very first time it means you did everything correctly and your process of divorce will start and finish earlier.

Residency:

You or your spouse have to be a legal resident of North Dakota. So you need to live in North Dakota for at least 180 days (6 month) in order to file for divorce in this state.

That is obvious that you also need to be the US citizen and live in the USA for at least 10 years. Some people think they have to go back and apply for divorce in their country if they are not residents of the USA, but this is not true. At least one spouse in a family should be a resident and it is enough to file the USA courts.

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Valid grounds to get divorce in North Dakota

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North Dakota is a very strict state. So you can get a divorce for any of the following grounds:

First ground this is no-fault.

Like most of the state you and your spouse can consider your marriage an irretrievable broken. It means you have no hope to improve the relationship in your marriage and you do not see a possible ways of living together like a normal family.

Second ground is fault.

This can be:

#1

Adultery (you or your partner had sex with another person);

#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 (when you have found out that your spouse is involved in desertion);

#5

Willful neglect (when you or your partner does not look after child or children and they are always hungry, dirty, do not go to school or skip school);

#6

Conviction of felony (when you or your partner have committed some felony such as murder, arson, robbery, rape, etc);

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Annulment of the marriage in North Dakota

You can file for annulment of your marriage if you do not want to divorce in North Dakota because of your religious beliefs or other reasons. The difference between divorce and annulment is when you get annulment you receive a document that your marriage have never existed. The common thing about divorce and annulment is that you need to divide your property and children according to the law in both cases.

There are some main reasons to file for annulment in North Dakota:

  • If both of one partner was underage and their parents or guardians did not sign the documents. If a partner was younger than 16 years old the court in North Dakota will annul this marriage for sure.
  • 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 your partner lied to you about some important facts about his/her health, bank account, pregnancy or any other things, your marriage can be considered void.
  • 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. You can not be marriade with a sister, brother, father, mother, aunt, uncle, etc.

Annulment deadline

There are some time limitations you can apply for annulment. It usually depends on a situation. So if you want to file for annulment because a partner was underage you have to do it before he/she reaches 18 years old. Once the child is 18, parents may file for the annulment during the 4 years period after this.

If you want to apply for annulment because of your spouse impotence or another physical incapacity you can do it not later than 4 years after the ceremony.

If one spouse have found out that his/her spouse fraudulently misrepresent himself, such person has 4 years to take some legal actions.
As for other grounds for annulment there are no limitations, so you can apply anytime.

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Custody of the child in North Dakota

Custody of the child

It is easier to divorce if you do not have a child or children. But according to the statistics in the USA children are involved in 54 % of divorce cases. This makes a divorce process more complicated as you have to decide not only your life problems, but also your children life problems.

Custody of a child it is very important question you need to decide with your prouse. Most of spouse can not reach an agreement in a peaceful way and can not humble with the fact they will just visit a child during the weekend, winter and summer holidays.

But it is important to think not only about your good, but about the good of a child. That is why in North Dakota a custody of a child is considered according to the child interests. That is why the court usually base 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

In North Dakota there are a lot of services that help you to get child support. If you are not receiving services, but would like to open a case, you can apply for them for free.

Once you open a case, your child will receive public assistance through TANF ( Temporary Assistance for Needy Families). But this aid will be given to you only if you really have need in it, so the North Dakota child Support Enforcement program has access in such information as your address, income, status and other things.

If you are noncustodial parent according to the North Dakota law you are obliged to pay child support. Usually it is calculated according to your salary and it paid until the child is reached 18 years old. But there are situations when a child is 16 and he wants to move to his noncustodial parent. In such cases a parent is no longer obliged to pay a child support as he cares about child and provide for a child all the necessary things such as food, shelter, clothes, etc.

Autopay program

Sometimes noncustodial parent is willing to pay child support each month, but due to stressful lifestyle he forgets about it and do it not in time and a cutodial parent need this money in time. That is why there is an autopay program that helps noncustodial parent to pay in time as this program withdraw a certain amount of money from a parent bank account for child support. The program withdraw money and transfer it to the custodial parent account the same day of the month and this is very convenient and brings satisfaction to both parties.

Here is a common 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

Uncontested North Dakota divorce with children
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Rules for spousal support in North Dakota

Rules for spousal support

Usually most parties continue working after divorce and it is ok if a wife earn the same amount of money as a husband or even more. But sometimes there are cases when one spouse stayed with kids and could not get an appropriate education because of babysitting children while the other spouse was building his/her career and now has a good salary. So it would be unfair for the spouse who spend so much time for family, and now left without a provider, to live a poor life. 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 (this is a support that is paid during the divorce proceeding, the time when you file for the court until the time you receive all necessary divorce documents).

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

  • You were in marriage for more than 10 years;
  • Your partner is disabled;
  • Your spouse's income is very low;
  • Your spouse do not have any education or degree;
  • Your 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.

This is very important to know that you do not have to pay taxes from the amount of money you give for a spousal support as well as for a child support.

Divorce without a lawyer in North Dakota

If you apply for a divorce in North Dakota, then there is no need to use the services of a lawyer. 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". Depending on which county you live, the process of divorce in the state of North Dakota can vary. Nevertheless, 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 is very 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

It is important to add that there are a lot of forms you need to fill when you want to divorce in North Dakota. But you also need to know that you should not fill all the existed documents and form as there are plenty of them. you just need to fill the right forms that are relevant to your case. Sometimes people do not understand what form they should and what forms they should not fill, in this case you can ask for professional help. That is why we are always there to help you to manage all your difficult tasks.

Online divorce can do all the dirty work for you such as:

  • Choosing the appropriate divorce form documents that you really need to file to the court;
  • Filling all the document correctly;
  • Answering all your easy and difficult question about divorce in North Dakota;

Uncontested divorce in North Dakota

Uncontested divorce in North Dakota

Some people do not know the difference between contested and uncontested divorce. Everything is very simple. Uncontested divorce it is when you and your spouse agree to the fact that your marriage is over and your relationships are irretrievable broken (it means you can not live together any longer and you have not hope for any improvement in your marriage relationship).

On the other hand contested divorce is when spouse want to divorce and this it is over while the other does not want to divorce and want to continue relationship or have some hope for improvement.

It is always easier to divorce when you both agree and the judge consider your marriage irretrievably broken.

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