North Dakota Questions & Answers by Practice Area


North Dakota Questions & Answers

Q: Does joint split custody exist to where neither parent pays the other child support? Can fathers win a case like this?

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Answered on Jan 23, 2018

Even with equal residential responsibility, the person who makes more money will still be required to pay the other child support.
View Details »

Q: I was served a summons/complaint. It was NOT filed with the court. I answered and challenged the debt. What happens now?

1 Answer | Asked in Consumer Law and Small Claims for North Dakota on
Answered on Jan 20, 2018

Call an attorney who deals with this type of case. They do not have to file immediately.
View Details »

Q: My husband just got a DUI. court is in one week. We are thinking of calling the cop involved to beg for mercy.

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Jan 20, 2018

Listen to your lawyer. Calling the officer will have no impact, the case is in the prosecutor's hands. Most people who attempt to negotiate with the prosecutor on their own end up digging a deeper hole.
View Details »

Q: Can I leave north Dakota with my child without consent?

1 Answer | Asked in Family Law for North Dakota on
Answered on Jan 19, 2018

According to the plain language of the statute in ND you could leave without his consent or a court order. As a practical matter; however, it is a good idea to get his permission or a court order regardless. This is because, if you leave without his permission he may bring an action for custody/visitation and make a motion for an interim order, bringing the child back to ND, and you would have to deal with it all at a later date anyway -and from a much greater distance away. This can increase...
View Details »

Q: Can you make your own child support agreement In the state of North Dakota? If both partner agree to the terms?

1 Answer | Asked in Divorce and Family Law for North Dakota on
Answered on Jan 16, 2018

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

Q: Can I have a self serve wine tasting bar in Fargo, ND? Can patrons self serve wine from a machine?

1 Answer | Asked in Consumer Law and Business Law for North Dakota on
Answered on Jan 16, 2018

As an attorney who works with various small business owners, there are often questions which have not yet been addressed by North Dakota's laws. You may also be looking at liability issues with your plan.
View Details »

Q: My fiance' was slipped LSD without his permission. The ER did not run a drug screen is this malpractice?

1 Answer | Asked in Medical Malpractice for North Dakota on
Answered on Jan 16, 2018

As to the criminal charge, which seems to be the larger concern, the issue here is proving that your fiancé was actually given LSD unwillingly. Secondly, proving that your fiancé should be held inculpable due to the influence of the drug is another battle.

What happened at the hospital does not seem to have resulted in any serious tort which caused economic injury.
View Details »

Q: I was pulled over and I have court today for "unlawful use of license plate and tabs" and "failure to transfer title"

1 Answer | Asked in Traffic Tickets for North Dakota on
Answered on Jan 16, 2018

No attorney can provide you advice without knowing more about your situation. In general, you should plead "not guilty" even if you committed the crime as doing so will better preserve your rights. However, pleading guilty or not guilty carries serious weight and equally serious outcomes. You will need a person by your side who understands how to navigate those outcomes and seek the best possible result in your case - in other words, you need an attorney.
View Details »

Q: ND bankruptcy - If separated but not divorced can one just one person file bankruptcy?

1 Answer | Asked in Bankruptcy for North Dakota on
Answered on Jan 16, 2018

You can always file bankruptcy individually, even while married. However, still being married may have some affect on your bankruptcy case. It's best to review all your financial information with an attorney before you file so you're clear on what will happen.

Information provided for informational purposes only and should not be taken as legal advice.
View Details »

Q: A person I sued after I was injured on their business's property requested we arbitrate instead. Is this a good idea?

2 Answers | Asked in Personal Injury for North Dakota on
Answered on Jan 12, 2018

There are many benefits to arbitration, most particularly it is typically much faster than a state court lawsuit. That said, if you are unrepresented by counsel I would be weary of agreeing to arbitration. Arbitration is a lot like a trial. I have never heard of an injury matter being arbitrated. In arbitration, the arbitrator or panel of arbitrators will decide your case and you will not have the benefit of a jury. You should also know that in arbitration, unlike a court case, there is...
View Details »

Q: I rear ended someone but their tail lights were broken. Does that make them partly at fault?

1 Answer | Asked in Car Accidents for North Dakota on
Answered on Jan 12, 2018

Your insurance can try. If you were hurt, contact a member ot the ND Assn for Justice--they give free consults. It'd be a stretch though.
View Details »

Q: If there's a legal seperation in effect and taxes are to be filed married filing jointly can one file single head of hou

2 Answers | Asked in Family Law and Tax Law for North Dakota on
Answered on Jan 12, 2018

The answer is, "it depends." If you truly have a legal separation with a "judgment" or "order" for legal separation that was filed by the court you are to follow the Court's directive. In other words, you have to follow what a Judgment says.
View Details »

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?

1 Answer | Asked in Divorce for North Dakota on
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.
View Details »

Q: Hi I inherited some land in Williams North Dakota for my father who passed away 2010 my stepmother and my four other Orc

1 Answer | Asked in Probate for North Dakota on
Answered on Jan 9, 2018

Unfortunately, this is a difficult question to answer because I am unsure if the land has any mineral rights, if oil is being produced from the land, the status of the inheritance, etc. I would speak with a local attorney.
View Details »

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?

1 Answer | Asked in Divorce for North Dakota on
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 advise against sharing more online as it could then be discovered by your wife or her attorney.
View Details »

Q: Is there a law in the state of ND for purchasing a used vehicle and it needs a new engine after one week of purchasing?

1 Answer | Asked in Lemon Law and Small Claims for North Dakota on
Answered on Jan 5, 2018

You may or may not have a warranty claim. The answer is dependent on the conditions of the sale. I would contact an attorney who deals in this type of claim.
View Details »

Q: While incarcerated my son went to Seattle 8 years ago for a felony marijuana charge... No trouble since then. How can I

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Answered on Jan 5, 2018

The answer is largely dependent on what has happened in the last eight years. Also, if he has lived in Washington for that long, it is likely that state has jurisdiction according to the Uniform Child Custody Jurisdiction and Enforcement Act. That means any legal action would likely need to be brought there. Please contact an attorney.
View Details »

Q: My 7 year old son nearly drowned in a half frozen retention pond a couple days ago. Would anh attorneys take this case?

1 Answer | Asked in Personal Injury for North Dakota on
Answered on Jan 2, 2018

Yes, I believe you could find an attorney to take the case. It may fall under the legal claim of an "attractive nuisance". Seek and attorney on this issue.
View Details »

Q: I have 2 children one is not my ex husbands does it effect child support?

1 Answer | Asked in Child Support for North Dakota on
Answered on Jan 2, 2018

Each minor child is entitled to child support. Generally, whether you were married when the child is born is merely a factor for the court to consider. The court will also consider whether a person other than the paternal father held out the child as his own child and acted in the capacity as father. Child support can be particularly difficult when dealing with more than one father coupled with a divorce - you should seek a licensed attorney to assist you in this matter. Good luck to you!
View Details »

Q: If you have a public data record what does it mean doc #6 and doc#7 after a bench warrant and a sherriff return

1 Answer | Asked in Civil Litigation and Criminal Law for North Dakota on
Answered on Jan 1, 2018

What you are seeing is a document record listing, not the record itself. The document you are referring to is likely a bench warrant for your arrest. You will need a criminal defense lawyer.
View Details »

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.