Divorce papers in North Dakota — filing for divorce in ND
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Online divorce in North Dakota

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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms. You may be able to download blank forms from a government website depending on your state.

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by Jamie Kurtz

Jamie Kurtz has been a practicing divorce lawyer since 2008. She received her Juris Doctorate from Southwestern Law School in Los Angeles in 2007. Ms. Kurtz was selected to Rising Stars for 2013 - 2016, 2019 - 2020, a peer designation awarded only to a select number of accomplished attorneys in each state. She also co-founded a law firm that specializes in uncontested divorce cases.

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Online Divorce in North Dakota

divorce in North Dakota

For those seeking an inexpensive divorce in the state of North Dakota, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in North Dakota.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though North Dakota has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.

Online divorce is the perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in North Dakota is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in North Dakota with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In North Dakota, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. North Dakota is no exception.

In North Dakota, the filing spouse must have been a resident of the state for a minimum of six months before filing for divorce. There is not a requirement as to how long the defending spouse needs to be a resident.There may or may not be specific requirements as to how long either spouse needs to live in a county before the filing may take place.

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date North Dakota driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.

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Valid grounds to get divorce in North Dakota

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of North Dakota. Grounds are merely the reason for divorce, and the state must approve them.

 

Irreconcilable differences is the standard no-fault reason for divorce in North Dakota. This doesn’t require proof and it can be used to cover many reasons for divorcing. If you simply do not get along with your spouse any more or you have a more serious problem and want the easiest and simplest way to go about filing for your divorce, utilizing the no-fault grounds of irreconcilable differences is the best solution.

 

Adultery, extreme cruelty, conviction of a felony which leads to imprisonment, abuse of alcohol, illegal drugs or controlled substances, willful desertion (also known as abandonment) for a period of one year or more, and willful neglect, are acceptable fault-based grounds for divorce in the State of North Dakota.

 

With the fault-based reasons for divorce, the grounds must be proven--often making them a more challenging prospect than filing a no-fault divorce so spouses should consider very carefully which of the options will work best for them.

OnlineDivorce reviews

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James V., Texas

I had a very successful business at the time. So, making sure I had the right forms was very very important during my divorce. I was so surprised at how easy and smooth this process was.

Chloe J., Florida

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Custody of the child in North Dakota

Custody of the child

There is a presumption that joint legal custody is in the best interests of the child, unless shown otherwise. Joint legal custody does not mean that the child will spend half the time in the physical care of each spouse. Instead, joint legal custody means that the parents will both have an equal say in the important decisions in raising a child. The factors for consideration in all custody situations are:

  • The wishes of the child if sufficiently mature to give his or her opinion;
  • The desires of the parents;
  • The ongoing relationship of the child with his or her parents, siblings, and any other family members;
  • The child’s adjustment to his or her school, home life, activities and community;
  • The physical, mental and emotional health of all family members;

 

If the minor is at least 14 years old, the court may consider the wishes of the child.

In addition, the factors that will be considered in determining joint custody include:

  • The ability of the parents to make joint decisions in a cooperative manner;
  • The geographical proximity of the parents to each other as relating to the practical considerations of where the child resides;
  • Whether joint legal or physical custody will promote frequent or continuing contact between the child and his or her parents;
  • The love, affection, and emotional ties that may already exist between the parents and the child and other members of the family;
  • The capacity and disposition of the parents to provide the child with all material needs such as food, clothings and medical care.
  • Whether each parent is willing to accept the responsibilities of parenting which includes not only caring for the child or children, but also includes the willingness to accept or relinquish this care at agreed upon times;
  • Whether each parent will allow the other to provide care and guidance without intruding upon this agreed upon time;
  • The suitability of a parenting plan for implementing joint custody; and
  • Whether there is any indication that spousal or child abuse has occurred in the past or may occur again in the future. [North Dakota Statutes Annotated; Chapter 40, Article 4, Sections 40-4-9 and 40-4-9.1].

Rules for child support in North Dakota

Either of the divorcing spouses who is parent of a minor child may be ordered to pay child support. The amount which will be awarded is based on a consideration of some or all of the following factors:

  • The overall net income of both of the parents;
  • All other resources which are avail­able to assist the parents in supporting and raising the children; and
  • Any additional circumstances that can be considered to reduce the amount of support on the basis of hardship.

There are specific child support guidelines that the court may consider which have been prepared by the North Dakota Department of Human Services. Child support payments will be required to be paid to the state disbursement office. All child support orders must be reviewed every third year, unless there is not a review requested by either of the two parents. [North Dakota Century Code; Volume 3A, Chapters 14-09-08, 14-09-08.1, 14-09-08.4, and 14-09-09.7].

Uncontested North Dakota divorce with children

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Rules for spousal support in North Dakota

Rules for spousal support

In North Dakota, either spouse can be awarded marital maintenance, all circumstances including fault may be considered. The factors that the court will consider when deciding how support should be awarded, the amount and for how long include:

  • The length of the marriage;
  • Both of the spouse’s current and future abilities as a wage earner;
  • The good-faith efforts of the two spouses to find and maintain employment or become self-supporting in another manner;
  • The needs and obligations that each spouse may have;
  • The age, overall health, and means of the two spouses;
  • The amount of and type of property that each spouse owns;
  • The spouses’ standard of living which was established during the marriage;
  • Whether medical and life insurance was obtained and maintained during the course of the marriage;
  • The assets and property of the two spouses, which will include any income-producing property [in most cases there will not be a requirement for either of the spouses to sell any property to pay maintenance, barring exceptional circumstances];
  • Each spouse’s debts and liabilities; and
  • Any separation or settlement agreements. [North Dakota Statutes Annotated; Chapter 40, Article 4, Section 40-4-7 and North Dakota Case Law].

Property division in North Dakota

Property division

One of the most difficult aspects of deciding to dissolve a marriage is figuring out how property (including the family home, if applicable) will be distributed. When a couple divorces in North Dakota, they must distribute property in a fair, legally-mandated and agreeable manner. This can be a challenging proposition. When the couple can agree upon how to distribute property on their own, without involving the court this leads to an uncontested divorce and speeds up matters making for a much smoother divorce.

North Dakota is considered to be an “equitable distribution” state. All of both of the spouses property, which includes gifts, inheritances, and any items, property or funds acquired prior to the marriage, will be equitably distributed as the court feels is proper. The split is fairly straightforward compared to other methods of property distribution, though some exceptions can be made in cases where it may be unjust or lead to one party being left in a less-than-ideal situation in comparison to the other spouse. However, there are no legal factors for this consideration specified in the statute. [North Dakota Century Code; Volume 3A, Chapter 14-05-24].

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Contested Divorce

Average prices start at $2000

Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unforeseen expenditures. Lengthy and expensive option.

  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal costs
  • Potential court battles add to the already high-stress levels
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Fully-guided, fast and affordable process. Experienced and reliable online divorce service using top-notch technology.

  • Ready-to-file divorce documents can be completed at your own pace with easy access for both spouses
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  • One flat fee (for both spouses) to access all completed documents for filing
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  • Detailed state-specific filing instructions
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Average prices start at $300

Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.

  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in North Dakota

At any time either before or after the divorce proceeding has begun, the spouses may agree to submit any or all disputed issues to be mediated by a court appointed mediator or by an independent mediation specialist. This allows the parties to agree in court on an uncontested basis.

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in North Dakota

North Dakota forms produced by OnlineDivorce.com are court approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.

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Filing fees for divorce in North Dakota

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take?

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or your money back - we have 20 years of experience in completing divorce forms so clients can be sure the court will accept their documents without issues.