North Dakota Divorce Questions

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Some examples of North Dakota Divorce Questions

North Dakota Divorce Question: Which grounds of divorce are permissible?

Answer:

• Irreconcilable differences
• Insanity for a span of 5 years
• Conviction of a felony
• Habitual intemperance for a span of 1 year
• Willful neglect for a span of 1 year
• Willful desertion for a span of 1 year
• Extreme cruelty
• Adultery

Q. Which is the venue for filing a divorce case?

A. The District Court is the proper venue for filing a divorce case.

• The county in which the Defendant lives is the proper place for the divorce action
• In case the Defendant is not a resident on this state, the county in which the Plaintiff lives is the proper place for the divorce action

Q. What are the residency requirements in this state?

A. The Plaintiff in the divorce action must be a resident in good faith for minimum 6 months before the grant of the Decree of Divorce.

Q. Can the divorcing partner represent self in the court?

A. Yes. The divorcing partner has the right to represent self in the divorce case. However, the divorcing partner must be aware of the court paperwork and procedures. It is always advisable that the divorcing partner does not represent self in the court and hires a divorce attorney for this work.

Q. If the custodial parent restricts the visitation of the non custodial parent, then what can the non custodial do?

A. A custodial parent has not been offered the rights to prohibit the visitation of the non custodial parent. However, if the custodial parent prohibits, then, the non custodial parent can request for a visitation order from the divorce court.

Q. Sometimes the non custodial partner refuses to return the child(ren) to the custodial partner. What happens in this scenario?

A. If the child is 12 years old, the non custodial partner is not supposed to move the child away from the state or retain the child for more than 48 hours.

Q. Are grandparents authorized to receive child custody?

A. The court gives the priority to the parents for child custody. However, sometimes the parents are unable to shoulder this responsibility or have to face imprisonment. Then, the court awards child custody to a third party. Such a third party may be the grandparent.

Q. What is the meaning of supervised visitation?

A. This is a variety of visitation. According to this, the non custodial parent is permitted to visit the child at a particular place and at a particular time.

Q. Explain some points regarding child custody?

A.

• Usually, the father is offered child custody
• There is no law as per which mothers are given priority in child custody
• The laws prohibit favoring any one parent against the other
• The ideal path of obtaining custody is to satisfy the requirements of the court and gain the interest of the child
• Initially, the court provides an opportunity to the parents to decide how to plan the child custody. If the parents fail to do so, the court grants joint or sole custody. The court concentrates on the interest of the child while doing so.

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