Divorce Law in Bismarck, ND
Divorce law in North Dakota covers a staggering range of issues. Alimony, child custody, and other topics are only the start of an extensive legal journey.
You can start to take control of your situation today. Explore the critical factors under state law below, and ask us for a referral to legal help!
Issues Involved in Bismarck, North Dakota Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
Dividing Property
One of the most challenging issues in the divorce law process is dividing property, debts and assets. In many states, like North Dakota, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition of property, which may not equate to a perfect 50/50 division of your property, debt, and other assets.
Child Support
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing and other basic needs.
Like other states, North Dakota uses the Income Shares Model to establish child support payments. This model assures the child receives the same support they would with both parents living together. Additionally, expenses like health insurance and childcare come into consideration. Parents in Bismarck should also prepare to share details about their gross income and investments.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Bismarck, ND divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
Generally, courts in Bismarck can assign three types of spousal support. Temporary support only lasts when your divorce has a pending status. Rehabilitative alimony helps the other spouse get through training to support themselves better. Finally, you may have to pay for the remainder of your ex-spouse’s life.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
North Dakota law dictates several factors for what is in a child’s best interests in Bismarck. The most critical elements are their emotional ties to each parent and their ability to provide a well-adjusted home. A judge may also consider their relationship with siblings and evidence of domestic violence.
Generally, Bismarck, North Dakota courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care, and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Bismarck, North Dakota
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
North Dakota law allows for no-fault divorces in Bismarck currently. You can dissolve your marriage without the need for a contentious legal battle.
Step 2: Request Temporary Orders
The divorce law process in Bismarck can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts the service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Bismarck, ND judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
Most divorce cases from Bismarck will go through the South Central Judicial District Court. This judiciary has jurisdiction over family law matters in the area.
Step 6: Receive the Judgement of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.
Work With an Experienced Divorce Attorney in Bismarck, ND
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Bismarck divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an lawyer across North Dakota state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced divorce attorney in Bismarck, ND!
