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North Dakota Divorce Law

Divorce Laws in North Dakota

According to North Dakota divorce laws you can request either a fault or no fault divorce. The entry of no fault divorce requires only the statement of irreconcilable differences. Fault based grounds can include, but are not limited to, adultery, willful desertion and cruel and inhumane treatment. Additionally, the spouse filing for divorce in ND must have resided in North Dakota for at least six months prior to filing.

Alimony & Equitable Distribution in North Dakota

North Dakota is known as an equitable distribution state. According to the divorce laws in North Dakota this means that all property, whether marital or separate, must be divided fairly or equitably, but not necessarily equally, regardless of title held.

Alimony can be granted to either the husband or wife. Such relevant economic factors as the length of the marriage and the partiesí prior living standard are considered in determining the amount that should be paid to the requesting spouse.

North Dakota Child Support, Child Custody and Child Visitation

The main focus in determining child custody, according to North Dakota divorce law, is the best interest of the children. However, under ND divorce laws, the moral fitness and stability of each parent may be considered as well whether or not there is the presence of domestic violence. Visitation rights are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Percentage of Income Model based on the net income as set forth by divorce law in North Dakota.

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