North Dakota Divorce Lawyers

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To file a divorce, one needs to be aware about different factors that affect the results of a divorce case. Along with the legal ending of marriage, one needs to deal with issues such as custody of child, property distribution, division of assets and liabilities, visitation rights etc. Even if the person opting for a divorce gets all the information about legal divorce procedures, he or she would need the guidance of a divorce attorney to guide them in the right direction. It is the duty of the divorce attorney to assist their clients to get their rights as per the state divorce laws. The North Dakota divorce lawyers would essentially have knowledge about legal aspect of divorce such as divorce grounds, palimony, process, property distribution etc.

Grounds of divorce that North Dakota divorce lawyers handle are as follows

• Irreconcilable differences
• Conviction of felony
• Abuse of alcohol or controlled substances
• Willful neglect
• Willful desertion
• Extreme cruelty
• Adultery

Palimony

When a cohabiting unmarried couple separate, one of the partner gets an alimony-like support payment called as palimony. Although, there is no definite written or oral contract, the action of the spouses can make it look as though as a constructive contract was in existence and hence it could be enforced. If this contract is pursued, one of the cohabitants could get support through payments.

Discovery process of North Dakota divorce lawyer

The lawyers of either spouse conduct the discovery process to find out all facts regarding the case. The spouses would have to answer 30 questions in writing under oath. These written answers have to be sent to the spouse's lawyer in 21 or 28 days after they have been served. In this process, the spouses would also have to deny or admit different statements under oath.

The lawyers send a request to produce documents by the deadline for receipt. If the documents are not produced, the lawyer can make a Motion to Compel Production. Some of the documents are as follows -

• Account information
• Retirement statements
• Tax returns
• Pay stubs
• Diaries and notebooks
• Copies of bank statements and check registers
• Credit card receipts and statements
• Mortgage information
• Copy of computer hard drive

If the Motion to Compel is filed, then the spouse's lawyer's fees would have to be paid by the partner against whom the motion is filed. Also, one should not try to misstate information or hide information as it should be understood that verifiable information can be obtained by the spouse.

The discovery process also includes ordering your acquaintances, neighbors, coworkers, paramour, paramour's spouse, family, and friends to the spouse's lawyer's office. All these are supposed to answer questions under oath in the presence of a court reporter. Usually, these people think that they should hire lawyers for their own individual sake. The paramour may become anxious regarding the public reputation or the security clearances.

The final hearing date is set 6, 8 or 10 months after the date the case is filed. The other considerations are that the court should have an unscheduled day on the docket and the lawyers of both the spouses must not have hearing dates of other cases. Before this final hearing date, the spouses have a brief hearing on a Motion for Temporary Relief. The intent of this hearing is to have restraint till the final hearing date arrives or to grant temporary spousal support, child support, visitation, and custody.

The last 6 months before the trial date are very busy. The spouses and the attorneys have to perform several activities like -

• Perform a business valuation if applicable
• Do a property appraisal
• Line up expert witnesses
• Analyze all the documents and deposition transcripts

Property distribution

Once the divorce is granted, the court considers several factors and equitably distributes the property. Equitable distribution does not essentially mean equal distribution between the divorcing partners. If any of the divorcing partners has hidden facts related to the actual property assets, then the court would may conduct redistribution of property through a post judgment proceeding.

The North Dakota divorce lawyers need to first understand their client's case, then suggest appropriate legal guidelines for their client. The client should also understand the duty of their lawyer and accordingly provide appropriate information to him or her. It is vital that as client one should not provide any fake information to the lawyer. It is advisable for the client to provide all the necessary information to the attorney and to keep a copy of important documents with themselves.

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