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North Dakota Divorce: What You Should Know
We know that proceeding with a divorce is challenging and emotional for you. We've helped people through the divorce process in locations across North Dakota, and we're here to make the experience as easy as possible.
Among the things you can count on when you pursue a North Dakota divorce online is our guarantee: Your divorce papers will be accurate and accepted by the court or we will refund your money. We're confident about offering our guarantee because it is an ongoing priority for us to ensure that our documents incorporate the most recent court regulations.If for some reason your court rejects your documents, we'll correct them for re-filing. If they're still not right, you'll get your money back.
Divorce in North Dakota
Understanding divorce laws and processes is very important. Our team of experts is available to help you at every step.Here is key information about divorce in North Dakota:
Where to File
Be sure that North Dakota has jurisdiction for your divorce
In North Dakota, the law stipulates that the filing spouse has resided resident in the state for either: at least six months immediately preceeding the filing of the divorce complaint, or at least six months before the entry of the divorce decree.
If you have minor children who have lived with your spouse in another state for more than six months, it may be to your advantage to file in that state, since its courts will have the power to decide what happens to the children. Note: Your spouse has the option to waive that jurisdiction, which must be done properly, in writing.
With the exception of an option for residents living overseas, you must file your divorce in the county in which you presently live, or in the county where your spouse resides, if different. You or your spouse must have a residence within the county (in North Dakota) in which you file for your divorce. If you live overseas, you can file in North Dakota if you have maintained your residency in North Dakota.
Military personnel on active duty--or their spouses--can file for divorce in North Dakota provided they have been stationed in the state for six months or were residents of the state upon entering active duty.
Our staff is highly knowledgeable about special military requirements and the details of Soldiers and Sailors Civil Relief Act.
Grounds For Divorce
NO-FAULT or FAULT ?
In North Dakota, the law provides for no-fault divorce based on “irreconcilable differences,” which are defined as, “Those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”
Waiting Periods refer to the time that a court requires to pass from the time the divorce is filed and the time that your divorce decree becomes final.
In North Dakota, there is no law that prescibes waiting period for a divorce to be finall.
North Dakota law further requires that neither you nor your spouse may remarry, except to each other, until 20 days following the judgment of divorce being entered.
About child custody, visitation, property and support
Here is information pertaining to child custody, property, and support issues.It can help you determine the appropriate way to have your divorce documents prepared.
Legal Custody: There are two types: Joint Legal Custody or Sole Legal Custody. These govern decisions made regarding how the child(ren) will be raised.
In Joint Custody, the parents decide together about regarding the child(ren)'s upbringing.
With Sole Custody, one parent makes the decisions about raising the child(ren).
Physical Custody: This determines the child(ren)'s primary residence after the divorce is final. They will live with the primary residential parent. The other parent may have visitation rights depending on the visitation schedule provided in your divorce documents.
Visitation is the same irrespective of a grant of joint custody or sole custody.
This can be any schedule and details that you agree upon with your spouse, and can be changed. If you and your spouse cannot reach agreement then the state's guidelines take effect. These are outlined in the Marital Separation Agreement (MSA) provided with your divorce documents. You don't have to include your present visitation agreement. “No Visitation” or “Restricted Visitation” may be requested by supplying the reason when you fill out our questionnaire.
There are two methods for determining support for the children involved in a divorce:.
1. You can agree with your spouse on an amount for child support. We'll prepare your divorce documents with the child support amount ordered this amount. Provided the amount is reasonable, a court usually will order it as part of you overall agreement. It is rare for a court to change an amount for child support when you both agree.
2. You can ask the court to award child support in conformance with North Dakota's child support guidelines. The support will be either an amount you and your spouse agree upon, or determined for you by the court. If you want the court to calculate the amount of child support for you, you must file the standardized Child Support Guidelines form and Child Support Income Statement/Affidavit. We provide these among the documents that we send you.
Property & Debts
When you divorce, the personal property (vehicles, retirement accounts, furniture, businesses, etc.) owned by you and your spouse is divided. Most states are community property states, although it is referred to by different names in some states. Essentially, the property of the marriage is split equally.
Debts are handled in much the same way. Most often, spouses are able to agree on how to split their assets and debts. In an uncontested divorce, this division is accomplished using a Marital Separation Agreement (MSA). When you and your spouse agree to the property and debt division, and formalize it in the Marital Separation Agreement, it becomes incorporated by reference into the Decree of Divorce that ends your marriage. You and your spouse can divide your property however you like, provided a basic fairness is maintained. You are not required to list all the property and debts that you are dividing, as long as you agree. Some items, such as vehicles and homes, typically do get listed.
If you want to alter how you and your spouse split your property and/or debts after we have prepared your documents, just email us or contact us by phone. We'll revise your documents for you without additional charge for up to one year.
If you and your spouse cannot agree on how your property is to be divided, the marriage dissolution becomes a contested divorce instead. If at your final hearing your divorce is still contested we don't provide advice. You might have to consult an attorney or be prepared to explain to a judge why you feel your requested division of property is fair.
If there is a home--or more than one--that you own with your spouse, you must decide how to split this property. Here are some of the options you can consider to divide your real property:
1. SELL THE HOME(S): You split the net proceeds equally, or however you agree is fair. Some spouses decide to defer selling until a child is out of school or until the property increases in value. You can include in your divorce documents whatever you decide about this.
2. AWARD THE PROPERTY TO ONE PARTY: Usually, that party will be required to make the future payments on the property. In these cases, a quitclaim deed is usually signed. This document removes one party from the property's deed, thus making the person who is awarded the home its sole owner. Issues such as refinancing can be provided for in your divorce documents.
Spousal Support is either agreed upon by the parties or determined by the judge in a contested hearing. See Code of North Dakota - Title 30 - Chapters: 2-51, 2-52, and 2-55. We cannot give legal advice regarding spousal support but will include your request for support in the documents.
There isn't a standard calculation for spousal support. If you and your spouse cannot agree on an amount for spousal support, the amount will be determined by the Judge based on many factors, including some of the following:
1. Length of marriage
2. Standard of living prior to divorce.
3. Ability for both parties to get employment.
4. Retraining in the workforce
5. Disabilities and other factors.
North Dakota Court Locations:
Here is information about some of the courts in North Dakota. If your County isn't listed, we'll include the court information when we send your documents.
Here is the information for some of the courts in North Dakota. If your County is not listed, we will include the court information with your documents.
Burleigh County District Court: Burleigh County Courthouse, 514 East Thayer Ave, P.O. Box 1055, Bismarck, ND 58502-1055 Phone 701-222-6690
Stark County District Court: Stark County Courthouse, 51 3rd St. E., Suite 106, Dickinson, ND 58601 Phone 701-227-3184, Fax 701-227-3185
Ward County District Court: Ward County Courthouse, 315 SE 3rd St., P.O. Box 5005, Minot ND 58702-5005 Phone 701-857-6600
Stutsman County District Court: Stutsman County Courthouse, 511 2nd Ave. SE, Jamestown, ND 58401-4210 Phone 701-252-9042, Fax 701-251-1006
Cass County District Court: Cass County Courthouse, 211 S. 9th St., P.O. Box 2806, Fargo, ND 58108-2806 Phone 701-241-5645
Grand Forks County District Court: Grand Forks County Courthouse, P.O. Box 5939, Grand Forks, ND 58206-5939 Phone Civil 701-787-2715 Fax: 701-787-2716
Richland County District Court: Richland County Courthouse, 418 2nd Ave. N., Wahpeton, ND 58075 Phone 701-671-1524, Fax: 701-671-4444.
North Dakota Divorce Filing Fees.
The court filing fees for a divorce in North Dakota is approximately $0.
If your spouse won't sign and must be served, then the sheriff may charge a fee of approximately $25 to serve your spouse.
Note: If the whereabouts of your spouse is unknown, then a publication fee will apply. The publication fee is approximately $65.
There are no additional fees for an uncontested divorce.
You may call the Clerk of the Court in your county to determine the exact fees in your county.
Methods of serving your spouse:
1. Your spouse Signs: The most common way is to have your spouse sign the documents AFTER you have filed the divorce complaint with the court. You can deliver the documents by hand, send them via postal mail, or have a third party deliver them to your spouse. This method is available even if your spouse is incarcerated.
2. Personal Service: If your spouse will not sign or you are not sure if your spouse will sign then you can have him or her served with the documents by the sheriff in your spouse’s county. You can contact the sheriff in any county of any state to perform this service. You can also achieve service via Certified Mail, (make sure to include "Return Receipt Requested") if your spouse lives outside your state. If your spouse is incarcerated then you can have him or her served by the prison/jail officials.
3. Service by publication. If you can't locate your spouse then you can publish. The publication fee for a newspaper averages about $65 but this varies significantly. You file an Affidavit with the county clerk, who then directs that service of notice be made by publication in a newspaper of general circulation in the county in which the complaint is filed. We give you all the documents you need for service by publication.
We respect and protect your privacy:
SECURITY: The information you submit is transmitted using 128-bit encryption.
PRIVACY: We never sell or share your personal information.
NO SPAM: We email you only on matters affecting your relationship with us.
It's 1-2-3 Easy:
Register online. To start, just choose the state in which you'll file your paperwork. If you're in the military, you can use your home state of record if you prefer.
Fill in our questionnaire. It's okay if you don't know all the information about your spouse. Just enter the information you know, or can get.
Review your documents and file with the court. Your paperwork will be sent to you ready to sign and file.
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We eliminate your risk by including 100% money-back guarantee for our work. We start working on your divorce paperwork the same day you submit our questionnaire, and we're available to answer whatever you may have. Our goal is to put you at ease.
In most cases, you can be ready to file you paperwork in 48 hours—sometime even less. We keep the process simple, and we're here to help until your divorce is final.