North Dakota Questions & Answers by Practice Area
- Bankruptcy
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- DUI / DWI
- Employment Law
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- Foreclosure
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- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
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- Business Law
- Car Accidents
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- Child Support
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- Constitutional Law
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- Employment Discrimination
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- Entertainment / Sports
- Environmental
- Federal Crimes
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- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
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- Uncategorized
- White Collar Crime
- Wrongful Death
North Dakota Questions & Answers
Q: My wife moved out and took our three daughters. Is it legal for her to move more then 50 miles away without my consent.
Gregory William Liebl's answer
The answer depends on whether there is a court order in place and whether or not 50 miles away puts her outside of the state of North Dakota. You will want to speak with an attorney further about this to get you pointed in the right direction.
The answer depends on whether there is a court order in place and whether or not 50 miles away puts her outside of the state of North Dakota. You will want to speak with an attorney further about this to get you pointed in the right direction.
Q: Can a prime contractor legally withhold money from 1 completed contract to compensate for a separate job contract?
Lucas Wynne's answer
This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.
This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.
Q: This case is about me I want to reopen my criminal case and get a new trial based off misrepresentation is that possible
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law and Legal Malpractice
for
North Dakota
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
Lucas Wynne's answer
Many people attempt to do this and fail. More would need to be known about your particular case. You do not want to file a frivolous motion with any court as doing so will just cost you a lot of time and headache. With that being said, if an attorney violated the rules and that resulted in a conviction for you, it is probably worth exploring. You may be looking for what is called post conviction relief, but I would highly suggest you do not go about it on your own if it all possible. Call a few...
Many people attempt to do this and fail. More would need to be known about your particular case. You do not want to file a frivolous motion with any court as doing so will just cost you a lot of time and headache. With that being said, if an attorney violated the rules and that resulted in a conviction for you, it is probably worth exploring. You may be looking for what is called post conviction relief, but I would highly suggest you do not go about it on your own if it all possible. Call a few...
Q: Can my divorce attorney later be the states prosecuting attorney against me in a child welfare case involving CPS or DHS
Lucas Wynne's answer
More would need to be known about the situation, but it certainly sounds like a conflict of interest on its face, you should inform the judge.
More would need to be known about the situation, but it certainly sounds like a conflict of interest on its face, you should inform the judge.
Q: If I signed a non compete contract for a business in Minnesota, is it still valid if I move to North Dakota?
Lucas Wynne's answer
Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you an opinion.
Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you an opinion.
Q: If I wanted to take the mother of my child to court for visitation rights would I need an attorney in the state she's in
Lucas Wynne's answer
Generally, you will need an attorney in the state where the child has resided for the past six months.
Generally, you will need an attorney in the state where the child has resided for the past six months.
Q: Recently charged with a DUI. First time offender, blew .175 at the station. Do I need a lawyer or just go to court?
Lucas Wynne's answer
My suggestion is usually the same, if you need a doctor for a surgery, then you will need a lawyer for court.
My suggestion is usually the same, if you need a doctor for a surgery, then you will need a lawyer for court.
Q: Under what circumstances can I sue for emotional distress as a result of a car accident?
Peter Munsing's answer
If you were in a crash contact a member of the N.Dakota Assn for Justice in the County where it happened. They give free consults. Emotional distress claims are not favored and the rules are very strict. If you were hurt, focus on your injuries as well.
If you were in a crash contact a member of the N.Dakota Assn for Justice in the County where it happened. They give free consults. Emotional distress claims are not favored and the rules are very strict. If you were hurt, focus on your injuries as well.
Q: I currently live in Minot ND ..I have a lot of debt that I know I can't pay or ever catch up on ..so I wanted to file.
Timothy Denison's answer
Check with the local bar association and legal aid and ask them to refer you to a bankruptcy attorney who can help you.
Check with the local bar association and legal aid and ask them to refer you to a bankruptcy attorney who can help you.
Q: What are the benefits of using mediation instead of the court system to resolve divorce disputes?
1 Answer
| Asked
in
Family Law, Arbitration / Mediation Law and Divorce
for
North Dakota
on
Answered on Oct 19, 2018
Answered on Oct 19, 2018
Lesley B Foss' answer
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 mediation, but you still can greatly benefit from engaging in mediation. Mediation will cost you the time/services of the mediator (and likely of your attorney), but it can be less costly than engaging in...
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 mediation, but you still can greatly benefit from engaging in mediation. Mediation will cost you the time/services of the mediator (and likely of your attorney), but it can be less costly than engaging in...
Q: How can i change my parenting plan if both party's agree.
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
North Dakota
on
Answered on Oct 19, 2018
Answered on Oct 19, 2018
Lesley B Foss' answer
You would need to write up and file with the Court a written Stipulation reflecting what provisions of the Judgment you've agreed to modify. Both parties would need to sign and notarize the Stipulation. You then need to prepare and file a proposed Order and a proposed Amended Judgment.
You would need to write up and file with the Court a written Stipulation reflecting what provisions of the Judgment you've agreed to modify. Both parties would need to sign and notarize the Stipulation. You then need to prepare and file a proposed Order and a proposed Amended Judgment.
Q: If my husband's child support case is reviewed, is it taken into consideration that we have two boys of our own now?
Gregory William Liebl's answer
The short answer to your question is "yes, the biological children your husband does not share with the obligee are taken into consideration." That being said, it is not a dollar for dollar "match." In other words, your husband's child support obligation may still go up even though he has two other children that will be considered in the calculation. You should contact an attorney to help you through this process.
The short answer to your question is "yes, the biological children your husband does not share with the obligee are taken into consideration." That being said, it is not a dollar for dollar "match." In other words, your husband's child support obligation may still go up even though he has two other children that will be considered in the calculation. You should contact an attorney to help you through this process.
Q: If a charge is sealed, verdict changed from guilty to not guilty and signed by judge. Can it be used for a 2nd offense?
Nicholas Nelson's answer
Your question is someone of a complicated one. Even when records go off the public record, the government can still access them. I would certainly argue that the "not guilty" charge should not count as the "first" charge, as you were "not guilty". Note - cases are highly fact dependent and I cannot give adequate legal advice without first discussing with you the particular details of your matter in their entirety. That being said, those are my initial thoughts. Good luck!
Your question is someone of a complicated one. Even when records go off the public record, the government can still access them. I would certainly argue that the "not guilty" charge should not count as the "first" charge, as you were "not guilty". Note - cases are highly fact dependent and I cannot give adequate legal advice without first discussing with you the particular details of your matter in their entirety. That being said, those are my initial thoughts. Good luck!
Q: Can I see my landlord for not accepting my Emotional Support Animal?
1 Answer
| Asked
in
Animal / Dog Law and Landlord - Tenant
for
North Dakota
on
Answered on Sep 16, 2018
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
you can sue, but that doesn't mean you'll win.
To give a more practical answer, talk to attorneys who specialize in disability and/or landlord/tenant issues. If no one is willing to take your case on contingency, you'll probably lose
you can sue, but that doesn't mean you'll win.
To give a more practical answer, talk to attorneys who specialize in disability and/or landlord/tenant issues. If no one is willing to take your case on contingency, you'll probably lose
Q: who has legal custody of a child if there is no court order for custody of that child.
Stefan Dunkelgrun's answer
Legally, both parents still have custody (absent an agreement otherwise)
From a practical perspective, if one parent has physical custody, that parent will be making decisions
Legally, both parents still have custody (absent an agreement otherwise)
From a practical perspective, if one parent has physical custody, that parent will be making decisions
Q: My 11 yr old daughter has been telling me she doesn’t want to come to my place I have joint physical custody of her
Stefan Dunkelgrun's answer
There's the legal answer, and the practical answer.
Assuming her dad is supportive, I strongly recommend talking it through with your daughter and trying to get her to understand and come willingly. Forcing a child to come against her will might be more damaging to your relationship in the long run than giving her a bit more leeway now.
Do you really want the court to get involved?
There's the legal answer, and the practical answer.
Assuming her dad is supportive, I strongly recommend talking it through with your daughter and trying to get her to understand and come willingly. Forcing a child to come against her will might be more damaging to your relationship in the long run than giving her a bit more leeway now.
Do you really want the court to get involved?
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