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.
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.
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.
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.
The new federal tax law passed late last year will have a major impact on spousal and child support. Addressing these divorce changes to long-standing tax laws will have a major impact on divorce negotiations and litigation as a result.
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.
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.
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.
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.
The sweeping federal tax bill that was signed into law just before the end of 2017 will affect many aspects of life for North Dakotans. One of the most talked-about provisions is the change in the tax treatment of spousal support payments.