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How does spousal fault affect a North Dakota divorce?

North Dakota, like most states, allows a person to seek a divorce without proving that the other spouse was in any way at fault for the breakdown of the marriage. Such divorces are usually called "no fault" divorces, and they are based on a showing that the couple has irreconcilable differences that warrant a divorce.

Understanding premarital agreements

For North Dakota couples who have made the all-important decision to get married, the idea of signing a contract addressing issues that commonly arise only when a couple wants to end the marriage seems counter-intuitive, and even somewhat destructive. Nevertheless, understanding the how's and why's of premarital agreements can go a long way toward eliminating the concerns of one or both spouses about financial issues that, if left unresolved, can be the precipitating cause of a divorce.

What is meant by "best interests and welfare of the child?"

In any North Dakota divorce involving minor children, the concept of "best interests and welfare of the child" is likely to affect decisions, such as child custody, child support and visitation by the non-custodial spouse. While most people can express an intuitive idea of the meaning of this phrase, very few can list the specific factors found in the state's divorce statutes. In determining parental rights and responsibilities, the court is given discretion to consider and evaluate "all factors affecting the best interests and welfare of the child." The list of factors is long, and it cannot be fitted into the space of this post. Nevertheless, a summary list can be helpful in understanding the court's approach to these issues.

How is property divided in a North Dakota divorce?

Many people in North Dakota who are contemplating ending their marriages wonder about how their property will be distributed by the court. Regardless of whether a couple is well-off or owns only a few assets, the division of marital property can become one of the most problematic issues in a divorce proceeding. While predicting how the court will resolve this issue can be difficult, state law provides useful guidance.

Digital divorce trials taking place in the UK

Traditionally, couples seeking divorce in the United States must fill out paperwork including a Petition for Divorce, which they must file with the county court. They must bring in the paperwork, pay the filing fee and have it date-stamped by the clerk. The current system in the United Kingdom similarly requires those seeking divorce to send completed forms to a court for consideration. However, a digital divorce scheme, which is now being tested in the UK, provides an alternative to this method of divorce.

Should I enter into a prenuptial agreement?

The decision of whether to enter into a prenuptial agreement is unique to every individual. North Dakota is an equitable distribution state, therefore, courts will attempt to separate marital property fairly in the event of divorce. However, certain individuals may wish to enter into prenuptial agreements to protect their financial interests and avoid judicial interference.

Spousal support payments may be tax deductible

Couples who divorce face legal issues such as division of property, child custody, child support and spousal support. Spousal support, also called alimony, is often awarded to the spouse who earns less than the other. Its purpose is to provide financial assistance to a spouse who needs time to become self-supporting after the divorce. Alimony payments are taxable for the receiving spouse and tax deductible for the paying spouse, provided that certain requirements are met.

Helping you handle the challenges of military divorce

Every divorce involves challenges, such as division of property, child support and alimony. Couples involved in a military divorce face some additional issues regarding where to file for divorce and military personnel benefits and special requirements for military personnel regarding child custody.

Adultery may lead to spousal support in North Dakota divorce

Having an extramarital affair can be devastating to a relationship and often leads to divorce. While all states allow for no-fault divorce, North Dakota is one of the few states that recognize fault-based divorce. Adultery is grounds for fault-based divorce and may also be grounds for spousal support.


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Commandments of Family Law

  1. The only truth your children need to know is that you both love them unconditionally, and that this isn't their fault.
  2. Take the high road — everyone wins when you do what's best for your kids.
  3. Negotiate but don't capitulate — if you are being pushed toward something detrimental for your children, stand your ground.
  4. You can only control yourself and how you respond. Don't engage.
  5. Do set up rules and responsibilities. Kids feel better when routine is continued.
  6. You are still their parent — don't be afraid to be one.
  7. Disneyland is in California, not in your home. Don't set up unreasonable expectations.
  8. It is not their job to take care of you. Repeat that to them. Often.
  9. Yelling is for sports — not court. Good lawyers strongly advocate without being disrespectful to opposing parties.
  10. Fair is a place you go to get cheese curds. Aside from that, nothing in life is fair.

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