North Dakota Divorce Questions & Answers

Q: Can a judge ban anyone from filing within their county/state of N.D? Judge's name is Honorable David E. Reich Bismarck

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for North Dakota on
Answered on Mar 20, 2019
Lucas Wynne's answer
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.

Q: When going through a divorce, how long does the spouses lawyer have to respond?

1 Answer | Asked in Divorce for North Dakota on
Answered on Feb 25, 2019
Lucas Wynne's answer
Sounds like it may be time to dump your lawyer.

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
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...

Q: I am recently divorced but filed a appeal to get custodial rights so does that mean I’m married or divorced?

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for North Dakota on
Answered on Mar 18, 2018
Lucas Wynne's answer
You're divorced, an appeal won't impact being divorced.

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

2 Answers | Asked in Divorce, Family Law and Child Support for North Dakota on
Answered on Jan 16, 2018
Lucas Wynne's answer
No. Child support is according to court order and the child support guidelines.

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
Lucas Wynne's answer
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.

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
Lucas Wynne's answer
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.

Q: Is it possible to reopen the divorced?

1 Answer | Asked in Divorce for North Dakota on
Answered on Dec 8, 2017
Lucas Wynne's answer
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.

Q: Can I chose which parent to live with at 16 in North Dakota?

1 Answer | Asked in Divorce, Family Law and Child Custody for North Dakota on
Answered on Nov 2, 2017
Lucas Wynne's answer
A judge may consider your preference at the judge's discretion. However, the judge is not required to agree with your preference.

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

1 Answer | Asked in Divorce for North Dakota on
Answered on Aug 24, 2017
Lucas Wynne's answer
North Dakota does not require that parties split assets equally. Instead, assets are split 'equitably'.

Q: Divorce

1 Answer | Asked in Child Custody and Divorce for North Dakota on
Answered on Aug 24, 2017
Lucas Wynne's answer
I answered your question on the other post you have made. Hope it helps.

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.

1 Answer | Asked in Divorce for North Dakota on
Answered on Aug 24, 2017
Lucas Wynne's answer
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.

Q: When you file for divorce are one of the parents required to pay child support?

1 Answer | Asked in Child Support and Divorce for North Dakota on
Answered on Aug 24, 2017
Lucas Wynne's answer
No. One or both parents will be on the line for child support.

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