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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.
Legal separation is a civil court process with requirements that are very similar to the requirements for granting a divorce. Unlike a divorce, a legal separation does not end the marriage. Legally separated spouses cannot remarry.
North Dakota is not a 50/50, or community property, state. North Dakota is an equitable division state which means all assets considered marital property are divided equitably, not necessarily equally in divorce.
North Dakota court rules require that spouses pay $80 of a filing fee to start a divorce. Additional costs may include the service of process by the sheriff's department of divorce papers to the defendant. If a plaintiff cannot afford the court fees, they can request a fee waiver.
The law in North Dakota requires the spouse in a better financial position to pay interim support to the other spouse, pending the divorce proceedings' determination. If you cannot agree on an amount with your former spouse, the court will decide on a reasonable amount.
An answer is a written response by a Defendant to a complaint. The answer must also state defenses to each of the claims in short, plain statements. Complete the top of the Answer exactly as it appears in the Plaintiff's complaint.
The spouse starting the legal separation, also called the Plaintiff or Petitioner, must meet the residency requirement before a North Dakota State District Court can grant a legal separation. The Plaintiff or Petitioner must have been a resident of North Dakota at least 6 months before starting the legal separation.
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.