North Dakota No Fault Divorce

The divorce procedure does not comprise of any process to alter the name of the children of the divorcing partners. However, if one of the parents wishes to change the last name, then, this parent has to file for the alteration of name separately in the court. This parent must notify the other parent about this and the other parent is empowered to argue against such an alteration.

Grounds of North Dakota No Fault Divorce

The divorcing partner filing for divorce must state that the marriage has been broken down irretrievably due to irreconcilable differences. The Judge verifies if there are good reasons for discontinuation of the marriage.

Residency requirements of North Dakota No Fault Divorce

Minimum one of the divorcing partners must have lived in this state for at least 6 months prior to the filing date.

North Dakota No Fault Agreed Uncontested Divorce Package

The package consists of the following items.

• Divorce Law Summary
• Forms, like
  • Judgment
  • Financial reporting documents
  • Separation Agreement
  • Waiver
  • Petition or Complaint
• Checklist
• Instructions and Steps
• Forms Explanations
• Forms List
• Information about divorce

When the divorce action is begun, the county in which the Defendant lives is the proper venue for filing the divorce action. However, if the Defendant resides out of the state, then, the Plaintiff can designate a county in the Summons to execute the divorce action.

The issue of child custody

The best interests of the child are considered while determining custody. The following points are kept in mind while making a decision.

• Physical and mental health of all the persons involved with the child
• The adjustment of the child in the community, school and home
• The bond of affection between the parent and the child as well as the child and its siblings
• If the child is sufficiently mature, then, the desires of the child
• The moral fitness of the parents
• The ability of the parents of the child to shower guidance, affection and love

Marital property has been defined as anything, either of the divorcing partners have attained in the marital life. This is inclusive of furniture, home, commissions, salaries and wages. The divorcing partners have the freedom and right to reach an agreement amongst themselves regarding the division of marital property. However, if they fail to reach an agreement, then, the Judge decides the equitable distribution of property. Such a distribution is not essentially equal.

Some of the issues considered by the Judge before taking a decision regarding property distribution are as follows.

• The future earning ability of the divorcing partners
• The economical conditions of the divorcing partners
• The physical condition and health of each of the partners
• The needs and circumstances of both
• The duration of the marriage
• The ages of both partners
• Any other points the Judge feels are important

Divorce Papers