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North Dakota Divorce Questions & Answers

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 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 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 he... Read more »

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 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... Read 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 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?

Lucas Wynne answered on Jan 16, 2018

No. Child support is according to court order and the child support guidelines.

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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 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... Read more »

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... Read 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 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 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 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 wanted to see if... Read more »

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 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 answered on Aug 24, 2017

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

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