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Divorce Archives

What constitutes desertion under North Dakota divorce law?

When pursuing a fault-based divorce in North Dakota, there are many reasons why the request will be granted by the court. Some of the basics that most will think about when considering a reason for divorce are adultery and abuse. One that does not get significant attention is desertion. However, it happens quite often and those who are considering a divorce because they believe a spouse has deserted them should know what the law says about how desertion is defined.

A high-asset divorce requires experienced legal representation

North Dakota residents who are of modest means might think people who have significant assets are happier and do not face the same challenges others do. This is not an accurate portrayal. Everyone has problems in their life and that can extend to a dispute with a spouse that ultimately leads to a divorce. All divorces are different, but it is important for those having a high asset divorce that they understand there is a great deal at stake in terms of property, assets and perhaps a business. Before making decisions that could cause regret later, it is imperative to have legal advice from the start.

What should I know about enforcing prenuptial agreements?

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.

What should you know about property division in a divorce?

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.

The basics of parental relocation

After a North Dakota divorce, the living arrangements for the parent with residential responsibility of children from the marriage might change based on the circumstances. This can impact visitation plans and other issues that could cause a dispute between the parties. For parents who are either considering a parental relocation or are concerned about how it will affect their ability to see their children, understanding the basics of what the state law says about relocation is key. This will be imperative when trying to navigate the situation.

Even an amicable divorce requires legal assistance

The initial reaction when the word "divorce" is mentioned in North Dakota is that the couple is in dispute over every single issue large and small and the situation has grown so contentious that the end of a marriage is the only viable alternative. While that does happen in many cases, some divorces are relatively amicable with negotiation possible to avoid a rancorous and time-consuming battle. Even if the parties are on relatively good terms, however, it is still advisable to have legal assistance to ensure all the agreements are on solid legal ground and there is documentation over important issues.

Are marital agreements legally enforceable?

Much has been said about premarital agreements and the benefits of entering into one before a couple gets married. Couples can peacefully and amicably decide in advance how to divide the property and assets should the wedding not withstand the test of time. However, many North Dakota residents may find that such a practical and unromantic conversation kills the marriage fervor and skip having the discussion at the cost of losing their share in a family business or inheriting the spouse's debt. One way to avoid this is by entering into a post-marital agreement, a document that is gaining popularity across the country.

Creative solutions to alimony issues in a divorce

Many North Dakota residents have likely heard that the new federal tax law has some changes that will impact many people in the coming years, particularly those who are divorcing. The big change: for divorces that occur after January 1, 2019, alimony payments will no longer be deductible by the payor and will no longer be taxed as income for federal tax purposes by the payee.

What is family mediation in North Dakota?

Divorce can be a daunting prospect for anyone who is contemplating ending their marriage. Most North Dakotans believe that a divorce will be an arduous process filled with arguments, anger, insults and lasting unhappiness. North Dakota courts recognize that too often, these fears come true. In order to smooth the often rough process of determining issues such as child custody, dividing property and setting child support and alimony amounts, the courts have developed a set of procedures for use in divorce cases called Family Mediation.

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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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