Grounds for Divorce in North Dakota

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Divorce may be defined as the legal termination of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like North Dakota commonly grant divorces because forcing a couple to stay married would be considered against public policy.

 

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only suitable justification for a divorce, even if fault grounds exist within the marriage. The other states, including North Dakota, permit the parties to select either a no-fault or a fault divorce. Lawyers.com gives a comprehensive overview of divorce and separation law in the state of North Dakota.

 

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the grounds for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot generally stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In North Dakota, the no-fault grounds for a divorce are irreconcilable differences. According to divorcesource.com, irreconcilable differences are “those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”

 

Many states require a "cooling-off" period of separation for a specific period of time before no-fault divorce proceedings can commence. During this time, the couple is necessitated to live separate and apart with the intent that the separation will be permanent. The length of the cooling-off period varies according to state law.  In North Dakota, there is no specific waiting period, but the decree must specify the time when the parties are free to remarry.

 

Some states also allow fault grounds for divorce. Common fault grounds include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In North Dakota, the fault grounds for divorce are adultery, cruelty or violence, willful desertion or neglect, drug/alcohol addiction, insanity for a period of at least five years, and conviction of a felony.

 

There are several “defenses,” or denials, that are sometimes used regarding fault divorces. In North Dakota, these include condonation and lapse of time. The condonation defense is sometimes used when a party condoned a certain spousal behavior during the marriage and then later attempts to use it as fault grounds for divorce. Lapse of time is an unreasonable delay between service of the summons and complaint, and the commencement of the divorce action.

 

These defenses are not used often, perhaps because they require witnesses and additional court time, which is expensive and can drag out the divorce. Another reason may be that even if the defense is proven, courts will typically still grant the divorce rather than require couples to remain married when at least one spouse does not wish to do so.

 

Divorce laws differ widely across the United States. The American Bar Association offers a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including North Dakota, can be found at abanet.org.

 

*An example of a North Dakota Divorce Settlement Agreement can be seen on Free Legal Aid.