North Dakota

Marriage & Family Law Home

In North Dakota, following dissolution of marriage, divorce, or legal separation, the court will take into consideration the circumstances of the parties and may require one party to pay spousal support, otherwise known as alimony, to the other party for any period of time. ....... Click here to get more info on Alimony

The department of human services will establish the child support guidelines to help the court decide the amount a parent will be expected to pay toward the support of the child. ....... Click here to get more info on Child Support

If the court finds credible evidence that domestic violence has occurred, and there exists one incident of domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon or there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, this combination creates a rebuttable presumption that a parent who has perpetrated domestic violence may not be awarded residential responsibility for the child. ....... Click here to get more info on Custody

In North Dakota a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce on a fault basis include:

• adultery



• cruelty/violence



• willful desertion/neglect



• drug/alcohol addiction



• insanity for per ....... Click here to get more info on Divorce

North Dakota law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision:"

• The love, affection, and other emotional ties existing between the parents and child and the ability of each parent to provide the child with nurture, love, affection, and guidance.



• The ability of each pa ....... Click here to get more info on Visitation

Under North Dakota law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. ....... Click here to get more info on Property Division