Fargo Family Law Blog

Divorce is difficult. Divorce with children is even more so. You want to do what is best for your kids, but you and your soon-to-be ex may not agree on what that is. There are several different child custody options open to North Dakota residents. You and your spouse can try to negotiate a custody arrangement based on these options or a judge can decide how your custody plan will work.

So, what are the available custody options? There are five: sole legal custody, joint legal custody, sole physical custody, joint physical custody and visitation. How is each of these different?

North Dakotans understand that having children carries with it many responsibilities. These responsibilities do not simply end when the couple's marriage ends and they divorce. The transition from a family unit to one in which the parties are living separately with the child residing with one and visiting the other based on a schedule is a difficult one. Making it work can be complicated and part of that is making certain that the best interests of the child are served.

A key aspect of that is ensuring the child's medical needs are met. Understanding how medical support falls into the category of child support is integral to a case. When there is a court order for a parent to pay child support, it will have health insurance as part of the order. This is a matter of law. When the child support obligation is determined, there will be a medical support obligation too. In general, the parent who is receiving support must have health insurance if it is available and it is low cost or no cost. The parent who is paying child support must provide the coverage under those same terms.

When some North Dakota couples decide to get married, there are concerns about personal property and finances that spark the signing of prenuptial agreements. In many instances, this is a protective device that will never be an issue because the marriage works and they remain together. For some, the end of a marriage is unavoidable and a divorce is necessary. That is when the prenuptial agreement comes into focus. Understanding when and if it will be enforced is important to both parties.

For a party who is claiming that a prenuptial agreement is unenforceable, the following must be proven: the party consented to it involuntarily or because they were under duress; he or she did not have independent legal representation; there was no legal representation and the person had no notice that there was a waiver of rights or a clear explanation regarding marital rights or obligations that would be modified or waived by signing the agreement; the party was not given sufficient financial disclosure prior to signing.

North Dakota residents who are going through the turbulent time of the end of a marriage and are dealing with a divorce will understand the emotional and personal impact life changes will have. While children, custody and visitation will take precedence, financial matters cannot be ignored. Oftentimes, people will think of spousal support from the perspective of a paying former spouse and a receiving former spouse. Another issue that is financial and could have far-reaching ramifications is property division. Understanding what the law says about property division can help to understand and prepare for how it will affect the case. When there is a divorce, debts will also be divided.

When the couple is granted its divorce, there will be an equitable distribution between the parties. Some property is subject to federal law when there is division and that must be accounted for. The court will determine a date for valuation and this date must be just and equitable. This is the date in which the summons for the action of divorce or separation was made or the date when the couple had its last separation - whichever happened first.