Uncontested Divorce in North Dakota

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Divorce is obviously a stressful phase, but this stress can be lightened by opting for a mutual procedure. It is rather soothing for both the divorcing partners to realize that they agree with each other regarding the main issues of the dissolution. In such a case, it is essential that the divorcing partners should complete several forms demanded by the court, undergo the procedures and thereby terminate their marriage. While discussing about undisputed case you must mention all the rules laid down by the fifty states for such a procedure. The same is prevalent in North Dakota. The state laws define the procedures necessary for an uncontested divorce in North Dakota.

Every state has different terminology, laws, proceedings, etc., that differ from other states. For example, 'divorce' is termed as 'dissolution' in many states in the US. So it is pertinent to know the common facts regarding termination of marriage in your state.

General information

  • In this state, the Defendant and the Plaintiff are the separating partners who responds to a case and files for the case respectively.
  • The District Court is the venue for filing the action.
  • The Plaintiff must be a resident of the state for a minimum period of six months. Only then he/ she can file for a dissolution.

Reading some vital points about an uncontested divorce in North Dakota will benefit you in a number of ways. These points are mentioned below:

Grounds for Uncontested Divorce

The grounds for such case are as follows:

Fault grounds

  • Alcohol and drug abuse
  • Willful neglect
  • Inhuman and cruel treatment
  • Willful desertion
  • Conviction of a felony
  • Adultery

No-fault grounds

  • Irreconcilable differences

Venue of filing the action

The action can be brought in any of the following two county courts:

  • The county of the Defendant's residence, if the Defendant is a resident of North Dakota.
  • Any county designated by the Plaintiff, if the Defendant is not a resident of North Dakota.

Forms related to Uncontested Divorce in North Dakota

The Plaintiff ought to fill the below mentioned forms:

  • A Complaint: This form indicates that the divorcing couple fulfills the conditions and the grounds for divorce are irreconcilable differences.
  • Verification: This form is used to certify the truth of the Complaint. It must be notarized.
  • Summons: As per this document, the Defendant is provided 20 days to file an Answer. Also, the following actions are prohibited:
    • One spouse harassing the other
    • Dissipation of assets
    • Removal of children from the state
  • Judgment (Redacted): This form comprises of personal information that is not mentioned in the final judgment.
  • Judgment: This form terminates the marriage.
  • Findings of Fact, Conclusions of Law and Order of Judgment: This document consists of the findings and conclusions of the court regarding the case. The document also orders a divorce.
  • An Affidavit of Proof for Stipulated Judgment: This form summarizes the Complaint. It also includes the terms of the Settlement Agreement in the Findings of Facts, Conclusions of Law and Order of Judgment.
  • An Admission of Service: By using this form, the Defendant can admit receipt and acceptance of the Complaint and the Summons.
  • A Settlement Agreement: The terms and conditions of the distribution and division of the marital estate are detailed in this form.

Conditions to be fulfilled to apply for Simplified Dissolution in North Dakota

It is to be mentioned here that this state does not provide a summary solution. But the court grants a simplified dissolution only when certain conditions are fulfilled. These conditions are:

  • The pending dissolution must be the singular legal action that is pending between the divorcing couple.
  • One of the divorcing partners must have been a resident of the state for a period of minimum 6 months.
  • The divorcing couple should not have minor children and the wife should not be expecting or pregnant.
  • The divorcing partners should agree with each other regarding all major topics.

Once these requirements are met, the Plaintiff can prepare all the forms mentioned above.

While implementing any major decision of your life, you must take steps to ensure that you get the best results. This implies in a divorce case also. While fighting for an uncontested case in North Dakota, you must follow the legal procedures, co-operate with your partner and avoid silly issues that may complicate your case. You must ensure that your actions do not welcome any further legal matters in the future.

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