North Dakota Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

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Multi-State
Control #:
US-01898BG
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Word; 
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Description

A decree for alimony is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a motion to modify an order for alimony on the same set of facts that existed when the original order was made.


To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.


This form is a generic example that may be referred to when preparing such a form for your particular state. This motion can be filed by the plaintiff or the respondent and is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

North Dakota is a ?no fault? divorce state. The grounds (reasons) for a no fault divorce is ?irreconcilable differences.? Irreconcilable differences are substantial reasons for not continuing the marriage and which make it appear the marriage shouldn't be resolved.

The grounds (reasons) for a no fault divorce is ?irreconcilable differences.? Irreconcilable differences are substantial reasons for not continuing the marriage and which make it appear the marriage shouldn't be resolved. The Plaintiff or Petitioner doesn't need to prove anybody did anything wrong to cause the divorce.

The Rules for Division of Assets in a California Divorce Each spouse is entitled to 50 percent of marital property. Virtually all property, money and assets acquired during the course of the marriage are considered marital property with a few very limited exceptions such as an inheritance left only to one spouse.

North Dakota is an equitable distribution state. This means that property will be split between spouses in a way that is equitable. Equitable division does not have to be equal, but the court must start by presuming that all the property will be split equally between the spouses.

Adultery is one of the seven fault grounds for divorce in North Dakota. Adultery is the unfaithfulness of one spouse to the other.

Adultery is one of six ?fault-based? grounds for divorce recognized in North Dakota, and if your partner has stepped out on your marriage, you are going to have to show proof of his or her doing so.

North Dakota is an equitable division state which means all assets considered marital property are divided equitably, not necessarily equally in divorce.

There is no formula fixed in North Dakota law for determining whether alimony should be paid and if so, in what amount, and the court can award it to either spouse. Of course, one spouse must have the need and the other must have the ability to pay an award.

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North Dakota Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment