North Dakota No Fault Divorce

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When both the spouses mutually agree to legally end their marriage, it results into divorce. No fault divorce is the most suitable procedure to dissolve your marriage in such cases. North Dakota no fault divorce can be acquired by following the divorce laws and the definite grounds chalked by the state. In this process all issues are sorted in advance by the concerned married couple. Most importantly, all decisions are meant to be taken prior to the filing stage of your divorce process. However, if either of two spouses wishes to change the last name, then the interested spouse has to file for an alteration of name separately in the court. This party must notify the opposing party about this, and the other partner is empowered to argue against such an alteration. Most importantly, it is found that if the case is uncontested and divorce papers are completely prepared, then no fault cases become quite easier to resolve in this state.

Grounds for North Dakota No Fault Divorce

The divorcing partner filing for divorce must state that the marriage has been broken down irretrievably due to irreconcilable differences. The Judge also verifies the reasons to find whether all the mentioned grounds are suitable for discontinuing the marriage.

Residency requirements for North Dakota No Fault Divorce

It is essential that at least one partner should satisfy the condition of residency and hence, the concerned partner should stay on the state for at least six months prior to the filing action.

North Dakota No Fault Agreed Uncontested Divorce Package

The package consists of the following items:

  • Divorce Law Summary
  • Forms such as:
    • Judgment
    • Financial reporting documents
    • Separation Agreement
    • Waiver
    • Petition or Complaint
  • Checklist
  • Instructions and Steps
  • Forms List
  • Information about divorce
  • All essential documents such as, financial affidavit etc., are supposed to be presented right at the time of submitting the petition form

Venue for filing action

The state where the petitioner or say defendant lives is the proper venue for filing the divorce action. However, it is not a very big issue if the Defendant resides out of the state or has failed to respond to the filing document if the divorce settlement agreement is positively submitted in the concerned court.

The issue of child custody

The best interests of the child are considered while determining custody. The following points are kept in mind while making a decision:

  • Physical and mental health of all the persons involved with the child
  • The adjustment of the child in the community, school and home
  • The bonding between the parent and the child as well as the child and it's siblings
  • If the child is sufficiently mature, then the desires of the child
  • The moral fitness of the parents
  • The ability of the parents of the child to shower guidance, affection and love

The issue of property distribution

Marital property has been defined as the property or possession that is obtained by either of two divorcing partners during their marital phase. This is inclusive of furniture, home, commissions, salaries and wages. The divorcing partners have the freedom and right to reach an agreement amongst themselves regarding the division of marital property. However, if they fail to reach an agreement, then the Judge implements an equitable distribution of property. Such a distribution is not essentially equal. The final decision about property distribution is mainly attained by justifiable and fair means.

Some of the issues considered by the Judge before taking a decision regarding property distribution are as follows:

  • The future earning ability of the divorcing partners: It is one of the major factors considered before finalizing the property distribution between both the spouses. Apparently it also helps to maintain the same standard of living as it was during the marriage of both the parties.
  • The economical conditions of the divorcing partners
  • The physical condition and health of each of the partners: If either of two spouses is found suffering from some incurable diseases then, this factor can actually put its impact on the final division of property.
  • The needs and circumstances of both the parties
  • The duration of the marriage
  • The ages of both partners

Any property that is obtained before the marriage is treated as a separate property. Such properties are not at all included in the category of marital property.

For a no fault divorce in North Dakota, various crucial aspects such as, residency requirement, valid divorce grounds and likewise, are to be followed.

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