The North Dakota marital settlement agreement is a legally binding agreement drafted by spouses who are getting a divorce. Its purpose is to summarize all key aspects of the process, which the court would otherwise decide if no agreement is reached.
A divorce settlement agreement governs the rights and obligations of spouses regarding their entire marital property and the payment of debts and other liabilities. Additionally, it addresses issues related to spousal support, and if the spouses have children, it also covers child custody and support matters.
Divorce Forms
Spouses can file for divorce in North Dakota District Court and are required to pay a $80 filing fee. When the parties agree on all terms of the divorce, the process takes up to 180 days.
Divorce Laws and Legal Requirements in North Dakota
Let's delve into the specifics of divorce laws and legal requirements in North Dakota by explaining the pertinent legal terms for spouses to grasp before initiating the divorce process.
Alimony
When determining the amount and duration of alimony, the court considers all the criteria outlined in North Dakota Century Code, Section 14-05-24.1.
Some of these criteria include:
Parties' age and earning ability
The duration of the marriage
The circumstances and necessities of each party
By considering all these criteria in each specific case, the court determines a fair amount of alimony to be paid by the supporting spouse to the spouse in need of support.
Child support
To establish an objective amount that serves the best interests of the child and is based on the parents' abilities, the North Dakota Department of Human Services sets child support guidelines.
These guidelines assist courts in determining child support payments to ensure consistency in such determinations. Additionally, there is a child support calculator that uses a mathematical formula to determine the average child support amount for each specific situation.
Division of property
According to Section 14-05-24 of North Dakota state law, the division of marital property and debts is conducted in an equitable manner, considering the specifics of each case to determine the allocation of assets and debts.
To ensure an equitable distribution, the court requires a recent and fair assessment of marital property and debts. Spouses can agree on a valuation date for such an assessment; if they cannot reach an agreement, it will default to 60 days before the scheduled trial date.
Grounds for divorce
Reasons for which a married couple can seek divorce are outlined in Section 14-05-03 and include:
Adultery
Extreme cruelty
Willful desertion
Willful neglect
Abuse of alcohol or controlled substances
Conviction of a felony
Irreconcilable differences
Interim support
During the divorce process, upon a spouse's request, the court can issue an order requiring the other spouse to pay temporary support based on specific needs. This support can be for the other party or minor children, but it can also be used for paying attorney fees.
Residency
According to Section 14-05-17, for a divorce to be granted, the plaintiff must have lived in North Dakota for at least six months before starting the divorce process.
However, if the plaintiff does not meet this requirement, a divorce can still be granted if the plaintiff has lived in the state for six months continuously before the entry of the divorce decree.
How to File for a Divorce in North Dakota in 7 Steps
To file for divorce in North Carolina, follow these seven steps:
#1. Fill Out the Divorce Form
There are two ways to start the divorce process, with the first one being to complete a written agreement together. This happens if the spouses agree on every aspect of their divorce; in such cases, they can use our marital settlement agreement template and effortlessly initiate uncontested divorce.
The second way is starting a contested divorce, which happens if the spouses can't agree on everything.
In both cases, the initial document should include:
Document Details
Information about the spouses
Details about the children
The date of separation
A statement that the marriage is irretrievably broken
A calculation of child support
Details about the property division
#2. Fill Out Additional Court Forms
Besides the complaint for divorce, the plaintiff needs to complete several other forms, namely:
Additional Court Forms
Summons (with children/without children). Notifies the defendant's spouse that the plaintiff has filed for divorce and provides them with information on how to respond.
Confidential information form (with children/without children). Contains confidential information that must not be disclosed in documents filed with the court.
Parenting plan. Outlines the parent's agreement on child support, custody, visitation schedules, medical support, and other child-related issues.
#3. File the Forms With the Court
The plaintiff should take the completed forms to the clerk of the district court where one of the spouses resides. At this time, the plaintiff must pay a filing fee, but if they cannot afford it, they can request a fee waiver by filing a Filing Fee Waiver Request.
The clerk will stamp the forms with the date and time of filing and assign a case number. Before filing all documents with the court, the plaintiff must make several copies of all records for the next step.
#4. Serve the Forms to the Spouse
This is the most crucial step because the divorce process officially starts when the defendant is adequately served with the divorce complaint and summons. The plaintiff can personally serve the documents to the defendant or through the sheriff's office, by certified mail, or by hiring a process server.
Regardless of the method, proof of service must be filed with the court. Proof of service could be a sheriff's return of service, a signed return receipt from the post office, or an affidavit from the process server.
#5. Wait for the Defendant's Answer
After being served, the defendant has 21 days to respond to the divorce papers. If the defendant fails to respond within this time, the court may grant a default divorce judgment in favor of the plaintiff without the defendant's participation.
The defendant can agree to or contest the complaint by filing an answer and counterclaim, which may lead to a court hearing.
#6. Attend a Hearing and Wait for the Final Divorce Judgment
The court will schedule a hearing if the defendant contests the divorce and presents the proposals and evidence. After hearing both spouses and reviewing all evidence, the court will issue a final divorce judgment, officially ending the marriage.
#7. Change Your Name
If one spouse wants to change their name back to their former one, they should include this request in the divorce papers. Once the divorce is finalized, the court can issue an order allowing the petitioner to legally change their name.
After that, the spouse must update all personal documents and accounts in banks, hospitals, and other institutions.