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North Dakota

North Dakota

North Dakota

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law

GROUNDS FOR DIVORCE

Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; nonsupport;insanity; conviction of crime.

Residency: Plaintiff resident for 6months before commencement of action or entry of divorce decree.

Waiting Period: Final immediately.

No Fault: Irreconcilabledifferences.

Defenses: Connivance; collusion;condonation; lapse of time.

Code Section: 14-05-03, et seq.

CHILD CUSTODY
Uniform Child Custody Act:1969
Joint Custody:No
Grandparent Visitation:Yes, 14-09-05.1
Child's Wishes Considered:Yes
Code Section: 14-05-22

MARITAL PROPERTY
Community Property: No.

ANNULMENT AND PROHIBITEDMARRIAGE

Grounds: Underage; previous marriageundissolved; unsound mind; fraud; force; physically incapable;incestuous.

Time Limitation: Previous marriageundissolved: Anytime; Underage: Within 4 years of age of consent;Unsound mind: Anytime; Fraud, force or physically incapable: 4years; Incestuous: Anytime.

Legitimacy of Children: Issue ofannulled or prohibited marriages are legitimate.

Prohibited Marriages: Betweenancestor and descendant, brother and sister, uncle and niece,aunt and nephew, first cousins; marriage by woman under 45 or manof any age (unless he marries woman over 45) is prohibited if manor woman is institutionalized as severely retarded.

Code Section: 14-04-01, et seq.

RESOURCES

North Dakota Child Support EnforcementAgency
Department of Human Services
State Capitol - Judicial Wing
600 E. Boulevard Ave.
Bismarck, ND 58505-0254
Phone: (701)224-3582
Fax: (701)224-3000

North Dakota Department of Banking andFinancial Institutions
State Capitol, 13th Fl.
600 East Boulevard Ave.
Bismarck, ND 58505-0080
Phone: (701)224-2256
Gary D. Preszler, Commnr.

North Dakota Department of Health
Division of Vital Records
State Capitol
600 E. Blvd. Ave.
Bismarck, ND 58505-0200
Phone: (701)224-2360
Responds to public inquiries for birth and death records datingfrom 1893, and marriage records dating from 1925 (prior to this,filed only in offices of county judges). For divorces, contactclerk of district court. Charges $7 for certified copies of birthrecords, $5 for death records. Requests for copies of marriagelicenses and certificates should be addressed to county judge ofcounty where the license was obtained. For all inquiries enclosea stamped, self-addressed envelope.

North Dakota Insurance Department
600 East Boulevard Ave.
Bismarck, ND 58505
Phone: (701)224-2440
Free: 800-247-0560
Glenn Pomeroy, Commnr.

Office of Child Support EnforcementRegional Representative (North Dakota)
Federal Office Bldg., Rm. 924
1961 Stout St.
Denver, CO 80924
Phone: (303)844-5594

State Bar Association of North Dakota
515 1/2 E. Broadway, Ste. 101
Bismarck, ND 58502
Phone: (701)255-1404
Fax: (701)224-1621

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