3. Does the state have grounds for divorce? Yes. A divorce may be granted for any of the following causes:
- Adultery — your spouse had an affair.
- Extreme cruelty — this can be mental or physical suffering.
- Willful desertion — your spouse has intentionally left you and your home.
- Willful neglect — your spouse fails to provide or contribute toward basic necessities.
- Abuse of alcohol or controlled substances.
- Conviction of felony.
- Irreconcilable differences — the court agrees that there are major reasons why you should not stay married.
The court will refuse to grant you a divorce if it finds evidence of condonation, which means you knew one of the above happened; it was a cause for your petition for a divorce; you reconciled with your spouse and forgave the offense; and you resumed a marital relationship. You also might be denied a divorce if the court finds there was an unreasonable period of time between the action and your petition for a divorce.
4. How does North Dakota determine the division of property?
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. The court will divvy everything according to what it decides is equitable, or fair, regardless of whose name is on the title. North Dakota does not have a list of specific considerations for dividing your property; instead, the court will look at your specific circumstances.
5. Does North Dakota require mediation before a divorce is granted?
Mediation is not always required, but the court may order it in your case if you and your spouse disagree on custody, support or visitation for your child.
6. How does the state determine child custody?
Legal custody and physical custody are two different things. Legal custody outlines how involved each parent is in the major decisions of a child’s life — where a child goes to school, what faith he or she is raised in and other biggies.
Physical custody addresses where a child will live and with whom. Visitation is then negotiated based your physical custody arrangement. In evaluating custody for your child, the court will base its decision on what is in your child’s best interest. To determine what that is, the court will take into account:
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