Uncontested Divorce in North Dakota
The divorce process in North Dakota is divided into 3 types:
- Сontested divorce is designed for couples who can’t independently resolve issues related to marital property division, child custody, child support, spousal support (alimony), etc. In such a case, spouses go through lengthy court litigation and hire lawyers to defend their interests. The judge makes a decision based on local laws and regulations.
- Summary divorce procedure is created for spouses who can’t agree on all marital issues before they initiate divorce, but their case is relatively simple, and partners are likely to agree before the final hearing. In addition, spouses may only qualify for such a divorce if their total assets are less than $50,000, not including the value of their marital home.
- Uncontested divorce suits couples who have settled all their marital disputes in a Marital Settlement Agreement before filing the petition for divorce. This option allows spouses to proceed without hiring a lawyer and use online divorce platforms for a fast and cheap paperwork preparation process.
Get Your Divorce Forms Completed Online
Online divorce forms preparation (online divorce, in short) is a quick and affordable way to get completed papers for an uncontested divorce. It helps spouses use their resources rationally.
Platforms such as DivorceOnline allow you to select and fill out divorce documents from the comfort of your home with no legal background required at an affordable price of $139. All you need to do is complete the self-guided online questionnaire. You can do it at your own pace using a laptop, desktop computer, or even your smartphone.
Moreover, it includes written filing instructions for finalizing a divorce in North Dakota. Thus, you won’t waste your time searching for this information.
North Dakota divorce papers for an uncontested divorce include the following forms:
- Form 1: Summons;
- Form 2: Complaint;
- Form 3: Settlement Agreement;
- Form 4: Exhibit A: Confidential Division of Property & Debt & Values;
- Form 5: Admission of Service;
- Form 6: Affidavit of Proof for Stipulated Judgment;
- Form 7: Findings of Fact, Conclusions of Law and Order for Judgment (Proposed);
- Form 8: Judgment (Proposed);
- Form 9: Confidential Information Form;
- Form 10: Notice of Entry of Judgment.
Getting a Divorce With Children
Depending on divorce type, couples with children in North Dakota have two options for dealing with child-related issues.
Spouses seeking an uncontested divorce can decide on child custody matters on their own without bringing these questions to the courtroom. This approach helps parents and their children avoid the unnecessary stress of hearings. Moreover, it allows the spouses to come to an agreement and create a parenting plan that satisfies the interests of both parents and children.
If the spouses can’t agree, the judge will decide on child custody, parenting time, visitation rights, decision-making responsibility, and all other related aspects, taking into account the best interests of minor children. To determine which arrangement meets those interests, North Dakota courts consider the following factors:
- Relationship between parents and child;
- Each parent’s ability to provide for the child’s physical, developmental, and emotional needs;
- Level of stability at each parent’s home environment;
- Each parent’s willingness to support a close relationship between the other parent and the child;
- Each parent’s moral fitness, mental and physical health;
- The child’s ties to the school, home, and community;
- If the child is old enough to make a sound judgment, the court may take into account their wishes;
- Evidence of domestic violence;
- The child’s interaction with any person who lives or is present in the household of a parent;
- False allegations by one parent against the other of harming a child;
- Any other relevant factor.
Another important point in divorce with children involved is deciding child support payments. Most often, a parent with less parental time should pay child support to the custodial parent.
In an uncontested divorce, the spouses can independently decide how much one spouse will pay to the other. If the judge decides this issue, which is typical for a contested divorce, the amount of child support will be calculated based on local child support guidelines and the following factors:
- Net income of both parents;
- Other resources available to help parents support and raise their children;
- Any additional circumstances that may be considered to reduce the amount.
All child support payments must be paid to the North Dakota disbursement unit for remittance to the receiving spouse.
Filing for Divorce in North Dakota Without a Lawyer
Divorcing without legal assistance and advice in North Dakota is possible if spouses file for an uncontested divorce. Thus, they can represent themselves, saving money on legal fees.
But even if the spouses can’t reach an agreement to qualify for an uncontested process, hiring a lawyer or a law firm isn’t the only way out of their situation. Partners can use alternative methods of resolving issues, such as mediation.
A professional mediator listens to each side and offers a solution to satisfy both parties. Once an agreement is reached, the spouses become eligible for an uncontested divorce. Thus, they can file for divorce without an attorney.
Do-It-Yourself Divorce in North Dakota
A DIY divorce in North Dakota assumes that spouses do everything independently without outside help. Of course, if the case is contested, spouses can’t skip the “hiring a lawyer or a law firm” part. However, the do-it-yourself option is very popular among spouses who separate peacefully.
Online divorce technologies can simplify some aspects of such a divorce. DivorceOnline helps spouses select and fill out all the necessary documents for their uncontested divorce in a matter of days.
With this tool, you can complete divorce forms yourself even if you have no legal background. It works on different devices using an Internet connection, so you don’t need to go anywhere to use DivorceOnline. And all this for just $139, while a lawyer can cost you at least $240 per hour.
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Frequently Asked Questions:
The duration of the divorce proceedings directly depends on the complexity of the case and the court’s workload. Spouses filing an uncontested divorce can expect to receive a final judgment in a shorter time than those seeking a contested divorce.
On average, an amicable breakup can be finished within 2-3 months, while complicated cases can be reviewed for a year or more.
The costs of an uncontested divorce process in North Dakota can include two main items:
- Filing fees;
- Document preparation expenses.
The local filing fee is around $80. Legal paperwork can cost $139 if spouses use DivorceOnline to complete their forms.
Couples whose financial situation doesn’t allow them to pay the court fee may apply to waive it. They need to fill out some additional forms and provide proof of financial hardship. If court approval is granted, the filing spouse won’t need to pay these costs.
Legal forms may vary depending on the divorce proceeding specifics and the county. Thus, it’s always helpful to check everything with the local court clerk.
Standard uncontested divorce forms each couple should complete are:
- Complaint;
- Summons;
- Settlement Agreement;
- Confidential Division of Property & Debt & Values;
- Confidential Information Form;
- Affidavit of Proof for Stipulated Judgment.
Another affordable way is to get appropriate divorce forms online is using DivorceOnline. This top-notch platform provides instruments to select state-specific papers and complete them following local rules. Thus, you can file for your own divorce without a lawyer.