Lawyers, Answer Questions  & Get Points Log In
North Dakota Divorce Questions & Answers
1 Answer | Asked in Divorce for North Dakota on
Q: Spouse refusing to sign uncontested divorce. How do I go about filing in North Dakota? We have no kids, and no assets.

My spouse told me if I filed she’d sign. She now tells me she’s not signing anything. We have no kids, and no assets at all. Been married 2 years. I’m trying to file electronically in ND, but don’t know what type of forms I need to file as the clerk can’t advise, and self service site... View More

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

I understand you believe you're capable of doing this yourself, but it seems the reality is that's not going to be possible because: 1) She refuses to sign; and 2) You can't file a divorce uncontested because, factually, it's not if the other person refuses to sign. You should... View More

1 Answer | Asked in Bankruptcy, Divorce and Probate for North Dakota on
Q: In North Dakota, is there a statute of limitations to collect on a mortgage?

Thirty years ago, as part of our divorce settlement, my ex husband signed a mortgage against our farmland to pay me $30,000 over ten years. In return I signed a QCD. He never made the payments and after three years filed for bankruptcy. The bankruptcy court upheld my mortgage and set up a... View More

Lucas Wynne
Lucas Wynne
answered on Mar 15, 2023

Likely but you better move fast. Call an attorney who does estates.

1 Answer | Asked in Divorce for North Dakota on
Q: Ok my husband has cuatusy of our son only because of the landlord I have wants johnny seen not heard I'm in process of.o

I'm process of divorce. Ex has 3 domestics against him from me he drink often he abused our eldest daughter. But was never reported. She just recently told me when he was drunk 9nce he tried crawling into bed with her naked what chances 9f me getting child aupprt

Tom Murphy
Tom Murphy
answered on Mar 21, 2021

I would suggest proofreading any requests you make for legal advice.

1 Answer | Asked in Divorce for North Dakota on
Q: In North Dakota if I leave my husband can he count that as abandonment and not give me my half of the house?

We have been married for 16 years and have lived in this house for 9 years.

Lucas Wynne
Lucas Wynne
answered on Apr 22, 2020

You may be looking for 14-07-11 and 14-07-11 of the North Dakota Century Code. But the better answer is that you need an attorney to help you file for a divorce. Divorce can be quick and relatively painless if settled by way of agreement or collaborative family law.

1 Answer | Asked in Divorce, Family Law and Child Support for North Dakota on
Q: If a court says they won't sign off on a child support agreement, what needs to be filed to correct?

My ex recieved a letter from the court stating that they would not sign off on the child support because its lower than the calculated amount

Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

You need to use the child support guidelines to calculate the correct amount and resubmit.

1 Answer | Asked in Divorce for North Dakota on
Q: Can my wife keep all the money from a joint mortgage after a divorce?

We are selling our place and she says only one can claim the joint mortgage and she gets to keep all what's left

Lucas Wynne
Lucas Wynne
answered on Oct 23, 2019

This question cannot be answered here as it is highly dependent on the judgment itself.

1 Answer | Asked in Divorce and Family Law for North Dakota on
Q: Do grandparents have the right to call grandkids? We are told we cannot by sons exwife.

Son in a nasty divorce in WA state. Soon to be ex-wife has moved to MT with kids. We live in ND. She will not let us call or talk to our grandchildren and won't allow them to call us. Is there anything we can do?

Gregory William Liebl
Gregory William Liebl
answered on Aug 22, 2019

I am a family law attorney in North Dakota. I believe you will need talk to an attorney in Washington, if that is where the divorce is located.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for North Dakota on
Q: Can a judge ban anyone from filing within their county/state of N.D? Judge's name is Honorable David E. Reich Bismarck

Asking for a friend

Lucas Wynne
Lucas Wynne
answered on Mar 20, 2019

There is not enough information in your question to provide an answer. Based on your question, it sounds like your filing may have been rejected due to a jurisdictional issue.

1 Answer | Asked in Divorce for North Dakota on
Q: When going through a divorce, how long does the spouses lawyer have to respond?

My spouse and I cannot agree on how to divide things in the divorce. He feels I should be left with nothing, which has left my couch surfing for the last 6 months. My lawyer sent a response to his 6 weeks ago and we still do not have a response. When I talk with my lawyer all she says is "well... View More

Lucas Wynne
Lucas Wynne
answered on Feb 25, 2019

Sounds like it may be time to dump your lawyer.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Divorce for North Dakota on
Q: What are the benefits of using mediation instead of the court system to resolve divorce disputes?
Lesley B Foss
Lesley B Foss
answered on Oct 19, 2018

In North Dakota, if your divorce involves minor children, you are required to attend and participate in the Family Law Mediation program, which provides divorcing couples with 6 free hours of mediation services. If the divorce does not involve minor children, you do not receive a referral to... View More

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for North Dakota on
Q: I am recently divorced but filed a appeal to get custodial rights so does that mean I’m married or divorced?
Lucas Wynne
Lucas Wynne
answered on Mar 18, 2018

You're divorced, an appeal won't impact being divorced.

2 Answers | Asked in Divorce, Family Law and Child Support for North Dakota on
Q: Can you make your own child support agreement In the state of North Dakota? If both partner agree to the terms?
Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

Parties may stipulate to child support in a contract the parties drafted themselves, but as Attorney Wynne indicated, a Court must still sign off on it. Generally, a Court is likely to sign off on the stipulation if the terms are fair and are in the best interest of the child. I hope this helps!... View More

View More Answers

1 Answer | Asked in Divorce for North Dakota on
Q: For a divorce, is my wife entitled to any of my retirement account if she is a stay-at-home mom and does not work?
Lucas Wynne
Lucas Wynne
answered on Jan 9, 2018

Ultimately, the division of assets will be at the discretion of the judge. In a divorce, you should usually (but not always) expect that retirement accounts will be divided in some manner.

1 Answer | Asked in Divorce for North Dakota on
Q: If the house is in both mine and wife's name, and I am the one who is moving out, am I required to pay the mortgage?

Am I also required to pay the heating, water, internet, etc if I do not live in the house?

Also, There are 5 children involved (2 are biological mine, 3 are still legally with their father). Am I required to pay child support for the 3 if the father is legally suppose to pay child support... View More

Lucas Wynne
Lucas Wynne
answered on Jan 9, 2018

No attorney can provide you with advice that will best suit your goals via the internet. If you cannot afford an attorney, consider at least paying for a consultation to address your questions and issues. There is too little known about your situation to address your question here and I would... View More

1 Answer | Asked in Divorce for North Dakota on
Q: Is it possible to reopen the divorced?

My ex husband filed the divorced and I can’t claim nor answer because I don’t have a lawyer. It was granted by default.

Lucas Wynne
Lucas Wynne
answered on Dec 8, 2017

Possibly. However, this tends to be an uphill battle and you should not assume that the judge will allow your case to be reopened. I see that you are in Illinois, please note that the information I have provided is specific to North Dakota.

1 Answer | Asked in Divorce, Family Law and Child Custody for North Dakota on
Q: Can I chose which parent to live with at 16 in North Dakota?
Lucas Wynne
Lucas Wynne
answered on Nov 2, 2017

A judge may consider your preference at the judge's discretion. However, the judge is not required to agree with your preference.

1 Answer | Asked in Divorce for North Dakota on
Q: will I receive a 50/50 settlement if I get divorced in north Dakota? was married in Nevada, and lived in Alaska 16 yrs
Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

North Dakota does not require that parties split assets equally. Instead, assets are split 'equitably'.

1 Answer | Asked in Child Custody and Divorce for North Dakota on
Q: Divorce

I wanna file for divorce but I have a child involved...we have been married since 2009 but haven't lived like a married couple since he's been in and out of prison. But he found out I moved on and I'm pregnant with a new baby so now he's threatening me on taking my daughter n i... View More

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

I answered your question on the other post you have made. Hope it helps.

1 Answer | Asked in Divorce for North Dakota on
Q: I wanna file for divorce but there is a child involved. I've been married since 2009 but he's been in and out of prison.

So we haven't lived like a marriage. But he's getting out In April and he is threating me on taking my daughter away from me. But he found out I moved on and pregnant with a new baby. so I just need to know if there's anything I can do so he won't take my daughter from me.

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

He cannot simply take your child. The child custody arrangement is up to the court. Usually, the court prefers to provide each child with parenting time.

1 Answer | Asked in Child Support and Divorce for North Dakota on
Q: When you file for divorce are one of the parents required to pay child support?

If both parents agree that child support isnt needed can they legally get by without it.

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

No. One or both parents will be on the line for child support.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.