North Dakota Divorce & Separation
UPDATED: February 27, 2020
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Getting a legal separation or divorce is common in every state, but you may not realize that the laws and rules that govern these processes can vary widely depending on the state you live in. It’s important to know the details of your state before starting in on the process. What are the requirements for getting a divorce in North Dakota? Is mediation a requirement before you can get a North Dakota divorce? What is the law on North Dakota annulments? Find the answers to your North Dakota divorce questions here.
North Dakota Legal Separation:
Legal separations are allowed in North Dakota, on the same grounds for which divorce is allowed. Once the separation is granted, the court may modify or add to the decree in order to provide support and maintenance (either from a spouse or the property of either spouse) for minor children, and possible spousal support.
Grounds for Divorce/Fault – No Fault:
North Dakota has both fault and no-fault grounds for divorce. For no-fault divorces, the parties need only show that they have “irreconcilable differences” in order to establish grounds. Fault-based divorces, on the other hand, require more specific grounds, such as: adultery, extreme cruelty, willful desertion, willful neglect, felony conviction, and abuse of controlled substances or alcohol.
Residency/Where to File for Divorce:
To file for divorce, the plaintiff must be a resident for six months, and the defendant must reside in the state. The petition for divorce should be filed with the court in the defendant’s local circuit.
North Dakota Divorce/Child Support/Child Custody Lawyers:
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Divorce Mediation in North Dakota:
For marriages with children, the court has the right to order mediation for the parents and/or counseling for the children, at the parties’ own expense, which would likely involve the services of a well-trained, court-appointed mediator. The results of the mediation session are shared with the court.
North Dakota Annulment:
An annulment is a court declaration that your marriage is legally invalid. In other words, rather than ending a marriage via divorce, an annulment is a declaration that the marriage was never valid to begin with, for reasons including: consent obtained by fraud, duress, underage, a party’s lacking mental capacity, and incest.
North Dakota Online Divorce Services:
North Dakota Divorce Laws: Click below to find the North Dakota Divorce laws you’re looking for: