North Dakota Divorce Tips

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Living the whole life with your partner while respecting the marriage vows or separating from your partner forgetting those vows- it is entirely your own decision. Once you choose the second option and go for a divorce, you have to take a lot of matters into consideration. You need to prioritize your requirements. Sometimes, taking care of everything like financial issues, legal formalities, etc. becomes a daunting task. But don't get confused; we are here to help you. We have prepared a list of divorce advices that address these issues. The North Dakota divorce tips provide an insight of North Dakota divorce laws. So, take note of these tips that are designed in a short and crisp manner in this article.

Some useful North Dakota Divorce Tips

• To file for a divorce in North Dakota, a spouse must be the resident of the state for at least a period of 6 months immediately before filing for the case. Legal action must take place in the county where the defendant or one of the partners live at the time of commencement of the legal action.

• Considering the financial condition of both the parties, the court may order one partner to pay spousal support to the other for a definite period of time.

• While discussing about North Dakota divorce tips, mention is to be made of divorce grounds. North Dakota accepts cases on the basis of no-fault grounds that is irreconcilable differences. On the other hand, fault grounds include cases like:
  • Desertion or neglect of one spouse by the other
  • Adultery
  • Inhuman treatment
  • Drug or alcohol abuse and abuse of controlled substances
  • Conviction of felony

• All types of communication (either written or verbal) that occur during a mediation proceeding are confidential. These cannot be presented as a proof in any divorce proceeding. The mediator cannot be used as a witness. The work product and notes of a mediator cannot be subjected to subpoena or discovery in cases of topics like visitation, support and child custody.

• Every parent of a child has the below-mentioned duties and rights about visitation and custody:
  • If the child suffers from a serious illness or accident and is receiving health care treatment for the same, it is the duty of one parent to inform the other parent. During this process, the parent should furnish the following data:
    • Description of the serious illness or accident
    • Time of serious illness or accident
    • Name and location of the health care provider from whom treatment is sought
  • Right to reasonable access to the child by electronic, telephonic and written means
  • Right to remain present at educational conferences pertaining to the child. This right does not mean that any school should arrange separate conferences with each parent.
  • Right to access and procure copies regarding the insurance, religious, dental, medical, educational or other details regarding the child

• In some cases, there is a conflict amongst the parents regarding the issue of child visitation. The court might reach a conclusion that the custodial parent has persistently and intentionally denied the visitation rights of the other parent. In such a scenario, the court might award the non-custodial parent reasonable fees of the lawyer. Additionally, the court might execute any remedy that is essential to enforce a child support order and visitation order.

• A child support obligation that is owed to an obligee might not be subject to attachment, garnishment, execution or other procedure, except for fulfilling the child support obligation, if the obligee is a judgment debtor.

• When there exists a present monthly support obligation, the gross value of child support that must be disbursed every month is the addition of the current monthly support obligation of the obligor and the following amounts:
  • The amount that the obligor has been directed to disburse toward any outstanding arrearage, or
  • In case there is no order to repay an arrearage, an amount for application towards any arrearage that is equal to 20 percent of the present monthly support obligation of the obligor

• Assume that as per Section 14-09-09.13, the obligor is given a notice. Within 10 days of the date of notice, the obligor files a request for a hearing. In such a case, within 10 working days post the date of request by the obligor, the court shall hold a hearing.

• Consider the following scenario:
  • The obligor is a criminal in the payment of child support
  • The obligee has made a request for withholding
  • This request for withholding has been endorsed by a child support agency, or
  • There is no good reason not to require immediate income withholding

  In this scenario, the obligor might be subjected to an income withholding order on all income.

Divorce is a tiring process; sometimes, it paralyzes your ability to make the right decision. So, you should read these North Dakota divorce tips to possess a good knowledge of your requirements and responsibilities.

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