A parent with primary or equal residential responsibility who wishes to move out of state must get a court order approving the move or permission from the other parent, unless the other parent lives more than 50 miles away from the child’s residence or has not exercised parenting time for more than one year. To determine what kind of arrangement is best suited to the child’s needs, a judge will consider the following factors: In addition to deciding parenting time and decision-making responsibility, a judge will have to decide whether a joint (shared) or sole custody arrangement is most appropriate. On the other hand, a fault-based divorce is one where the spouse that files for a divorce has to mention the legal ground for applying the divorce. If you have any questions regarding the grounds for divorce in North Dakota and question how they would play into a potential divorce, please do not hesitate to contact the Family Law Division with Severson, Wogsland & Liebl, P.C. In North Dakota, fault — such as desertion, abuse, or neglect — can, and is, … To get a no-fault divorce in North Dakota, you need to state in the Complaint for Divorce that “the parties have irreconcilable differences.” The fault-based grounds for divorce are: adultery, … Cent. Cent. In addition to no-fault grounds for divorce, North Dakota is a fault divorce state which provides the option to file for a traditional at-fault divorce. Alternatively, if the plaintiff doesn’t meet the residency requirement, a court may still grant the divorce as long as the plaintiff has lived in North Dakota for six months by the time the divorce is finalized. A residential parent (parent with primary parenting time) usually receives support from the non-residential parent. Conviction of a Felony – If one spouse has been convicted of a felony and that is the reason the other spouse wants a divorce, that will generally satisfy this ground. If the court later discovers that either spouse failed to disclose any property and debts, or if one of the spouses does not comply with the court order distributing the property, the court can make a post-judgment order to redistribute the property. North Dakota follows an equitable distribution approach when dividing property in a divorce. The only ground for a no-fault … A couple can seek a no-fault divorce based on irreconcilable differences, which simply means they can’t get along. Proving a ground like adultery or extreme cruelty can be legally complicated, emotionally stressful, and expensive. Following are the fault-based grounds for divorce in North Dakota: Adultery. Spousal support awards are decided on a case-by-case basis. Having an extramarital affair can be devastating to a relationship and often leads to divorce. If more than two years have passed since the initial child custody order, then the court may modify the order if a material change has occurred or if the modification is in the best interests of the child. Unlike in days gone by, to obtain a divorce in North Dakota, you don’t have to convince a judge that your spouse is an adulterer, an alcoholic, has … Grounds for a no-fault divorce in North Dakota … In order for a North Dakota court to grant a divorce, the case must fall under one of the two classifications of grounds for divorce: fault-based or non-fault-based. North Dakota residents may file for divorce under fault or no-fault grounds. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. “Grounds” are legally acceptable reasons for a divorce. 3. 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