North Dakota
North DakotaNorth DakotaThe 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 © 1997 Flying Solo™. All rights reserved. Legal Notices
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