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Your North Dakota Divorce Laws 2017

Discover Your North Dakota Divorce Laws and Save Money… ….by Gaining The “Know-How” of the North Dakota Divorce Process

 

North Dakota Residency Requirement
According to the North Dakota Divorce Laws and North Dakota Divorce Guidelines, to get divorced in North Dakota, the spouse filing for divorce must have been a resident of the state for at least 6 months before filing the case


Place of Divorce (Venue)
The case may be filed in:
(1) The county of choice if the defendant is a non-resident of North Dakota
(2) If the defendant is a resident of North Dakota, the divorce must be filed in the county where the defendant resides.


North Dakota Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences

Grounds for Fault based divorce:
(1) Adultery
(2) confinement for incurable insanity for a period of 5 years
(3) conviction of a felony
(4) willful desertion
(5) cruel and inhuman treatment
(6) willful neglect
(7) habitual intemperance

 

NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in North Dakota, the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

  • An Agreed Divorce , as described in the North Dakota divorce guidelines and ND divorce laws, is when the other spouses agrees to the terms of the divorce such as North Dakota property distribution, North Dakota child support, or North Dakota child custody. Most of our customers (75%) prefer the Agreed Divorce method when the spouses sign the divorce papers and are agreed to the divorce.

  • A Default Divorce , from the North Dakota divorce guidelines and ND divorce laws, is a divorce where your spouse doesn’t sign the North Dakota Divorce paperwork or North Dakota divorce forms. They simply doesn’t do anything at all… with the divorce. They simply default on their side of the case. And YOU who filed FIRST get whatever you ask for in the originally filed divorce forms. NICE

The Missing Spouse Problem
If you don’t know where your spouse is currently located…in the USA or outside the USA… you may still get a divorce in North Dakota. It may involve the extra expense of running a newspaper ad or something similar, but it is doable and we help clients through the process everyday.

Wife’s Maiden Name
The Wife can receive her Maiden Name returned to her during the divorce. It is optional. We include this maiden name change in our divorce service for FREE. Often divorce in North Dakota includes a maiden name change.


 

North Dakota Divorce Resources
Here are the important divorce resources for North Dakota:

 

The Divorce Process to File Your Divorce in North Dakota
There are only a couple basic steps to a divorce:

  • File Your Divorce Papers for North Dakota at your Local County Courthouse (North Dakota Divorce Forms)
  • Notify Spouse by Service of Process of your filing for divorce in North Dakota
  • Attend your North Dakota divorce court hearing. That is it!

 

How The North Dakota Divorce Service Works

Divorce Process in North Dakota

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North Dakota Child Custody Laws
Easy Definitions: (source: divorce process in North Dakota and ND divorce laws)

  • The Visitation Plan is the Plan the parents have on WHERE the children will live and WHEN the children will visit each spouse
  • Legal Custody is different than the Visitation Plan. It is the parent’s ability to make core decisions in the lives of the children…like, which church they will attend.
  • Physical Custody Is the parent’s choice of where the children will live. Also, which parent they live with and when they will exchange.

North Dakota Child Custody in a shared arrangement, is the usual preferred method of our North Dakota divorce clients. If a sole-custody arrangement is what you would like, then there is usually a very good reason for it. Usually the financial status of a parent is not usually considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody is to be awarded according to the “best interests of the child.” That is the gold standard.

Your North Dakota Child Support Laws
If the 2 spouses are unable to agree to a specific $amount of child support, there are North Dakota Child Support Guidelines that determine the amount for you. The guideline amount is supposed to arrive at a support amount that is in the child's best interest. However, most divorcing couples agree to a $number on their own, that will work just fine. Also NOTE, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a North Dakota Legal Separation

North Dakota Child Support Calculator
You can calculate your child support in North Dakota right here.
North Dakota Divorce Laws for Property Distribution
In an "Agreed Divorce" or "Default Divorce" the marital property is to be divided so that spouses agree on how to divide it. The main focus here is to agree on the division of the property…so that it doesn’t create a big fight that one party will want to go to a North Dakota divorce lawyer to make the divorce into a “Contested Divorce.” Then YOU will have to incur the fees of a lawyer too. Which can be huge.

  • Debts Most couples going thru a divorce, set out who will pay what debts as part of their Marital Settlement Agreement (MSA), and close all of their joint bank accounts.
  • North Dakota Alimony Laws (North Dakota Spousal Support Laws) In an Uncontested “Agreed or Default” Divorce, spousal support may be awarded to either spouse for their maintenance and support. Both parties must agree to it however…since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. In the North Dakota divorce laws for alimony, it is possible for alimony to be paid in one lump sum payment OR the use of a payment plan has become popular in the last 10 years as well. Alimony is not required for a person to get divorced in North Dakota.

Your Local County Court Fees
When filing for divorce suit in your local county, court charges some fees. They pay the clerks and the judges in that matter. The usual range is between $75 and $200 to file a divorce. Every county does vary. So the best way to know is to call your county in the blue government section of your phone book. Regardless of whether you are going through a divorce service, using a North Dakota divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in North Dakota, you will be paying your own filing fees.

 

Divorce Laws and Guidelines

 

 

 

 

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How It Works

1 After you order, send in your information via the simple Divorce Questionnaire.

 

2 We complete your divorce forms in 2-3 business days and email them back for your review.

 

3 Sign and file the final divorce papers at your local County Courthouse. Get a date for your hearing and attend it.

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Free Divorce Booklet

Free Divorce Booklet
 
 

Common Questions

Common Questions
 

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