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North Dakota Questions & Answers
2 Answers | Asked in Tax Law for North Dakota on
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
Gregory William Liebl
Gregory William Liebl
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.

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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
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.

2 Answers | Asked in Probate for North Dakota on
Q: Hi I inherited some land in Williams North Dakota for my father who passed away 2010 my stepmother and my four other Orc

We were each to get 50% stepmother kids 50% us kids get the other when should I start receiving my percentage of the oil wells

Lucas Wynne
Lucas Wynne
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.

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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 Lemon Law and Small Claims for North Dakota on
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?

It was taken to a mechanic and the mechanic stated the owner knew the engine was bad and put a pipe through the muffler to make it sound loud and then said it was one of those fancy mufflers that made noise. Also that it burned a little oil. But the fact was, the engine was so bad, the oil was... View More

Lucas Wynne
Lucas Wynne
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.

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: While incarcerated my son went to Seattle 8 years ago for a felony marijuana charge... No trouble since then. How can I

Get visits or custody back. Son now lives with his dads ex

Gregory William Liebl
Gregory William Liebl
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... View More

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1 Answer | Asked in Personal Injury for North Dakota on
Q: My 7 year old son nearly drowned in a half frozen retention pond a couple days ago. Would anh attorneys take this case?

Our property management put a retention pond right on the side of our condo (neighbors side) and directly across from our neighborhood park. They have no signs or fence. My son was playing street hockey with a large group of neighbor kids when a group decided to climb a snow hill, my son slipped... View More

Nicholas Nelson
Nicholas Nelson
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.

1 Answer | Asked in Child Support for North Dakota on
Q: I have 2 children one is not my ex husbands does it effect child support?

I have 2 children one of them is my ex husbands, the second was born while i was still married but is not his, can i be denied child support for my oldest who is his because my 2nd child isnt his but the state is saying my 2nd is his because i was still married even though ive expressed shes not.... View More

Nicholas Nelson
Nicholas Nelson
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... View More

1 Answer | Asked in Civil Litigation and Criminal Law for North Dakota on
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
Lucas Wynne
Lucas Wynne
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.

2 Answers | Asked in Car Accidents, Civil Litigation and Collections for North Dakota on
Q: My son damaged a vehicle while at school. What is my responsibilities and what are my rights in the matter?

My son damaged a vehicle while at school. I wasn't informed till the next day. I was told i wouldn't have to pay anything. Few days later I received a letter from the insurance company and they want $1500 and that if i dont pay they’ll take my drivers license. Never received a call... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 29, 2017

Send a polite but crisp letter asking them to provide proof of the damage. However, if you have homeowners or vehicle insurance you will want to hand this over to them. If your son did the act, you may wish to consider talking to a therapist/counselor about how to appropriately discipline your son... View More

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1 Answer | Asked in Collections for North Dakota on
Q: I got a summons/complaint delivered to me by the sherriff that looks like it was not filed with the court system.

Is there any steps I need to do? I dont know where or how to answer it. Is it worth calling them to negotiate? Its a hight enough amount that I will declare bankruptcy unless they would settle for like 10%. Please advise

Lucas Wynne
Lucas Wynne
answered on Dec 28, 2017

No attorney can advise you without an attorney-client relationship being formed. In North Dakota, they are not required to file when they serve you.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Can I get out of contract for deed if seller failed to diclise lead paint in house

Health department and federal epa already involved my kids are sick and federal law says she had to disclose lead or posibility of lead in houses older than 1978

Gregory Andrews Cade
Gregory Andrews Cade
answered on Dec 27, 2017

Although a real estate attorney is the legal professional who can provide you with a specific, informative answer, I think you cannot successfully file a lawsuit against the former homeowner for failing to disclose the presence of lead paint on the property. According to the law, the seller is... View More

2 Answers | Asked in Child Custody and Child Support for North Dakota on
Q: How do you get the court to drop child support when you didn't know the child was yours? Cause the mother lied

I believe it's unfair to the father. The mother didn't know who the father was but now the state coming after you for child support and you didn't even know

Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

You have a paternity test done.

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2 Answers | Asked in Probate for North Dakota on
Q: My father died 25 years ago without a will. I need to probate his estate now. Are newspaper notices still needed?

This has to do with mineral rights he owned. In 2010, we filed a Death and Heirship document to establish heirs for royalty payments.

Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

No attorney can provide advice on this topic without speaking with you directly because more information would be needed.

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1 Answer | Asked in Workers' Compensation for North Dakota on
Q: am presently on workers compensation, I would like to file a law suit, what is the procedure
Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

You will almost certainly require a workers' compensation attorney. However, you can visit the North Dakota Workforce Safety website for DIY forms and information.

1 Answer | Asked in Employment Law and Workers' Compensation for North Dakota on
Q: how do I collect permanant disability payments
Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

You retain a workers' compensation attorney.

1 Answer | Asked in Workers' Compensation for North Dakota on
Q: I have a back injury i recieved on my job, how do i file a claim
Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

You visit the North Dakota Workforce Safety website. When your claim is denied (very likely) or you are offered much less than you deserve (extremely likely), you then contact a workers' compensation lawyer to represent you. Unfortunately, few workers' compensation attorneys practice in... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: If your first offense ever was a check fraud what would the minimum sentencing be?

It was over a $1000

Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

As an attorney who practices criminal defense throughout North Dakota, I would first caution you not to share information about the crime being alleged. In this particular case, you should seriously consider retaining an attorney as the prosecution will not care that this is your first offense. The... View More

1 Answer | Asked in Child Custody for North Dakota on
Q: If i leave my grandparents (Who have custody of me and leave to live in another town in ND with my mom, is that illegal?
Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

You should not attempt to do this - your grandparents have custody for a reason.

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Q: Who would I have to talk to if I want to live with my dad and I'm 16?

My mom doesn't want me to live with my dad because then she will have to pay child support and she only wants me to stay so she can use the money she gets from him for rent.

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

Although I am sure you feel at the middle of this issue, the legal issue here is between your parents. If your parent wants to make a motion based on your wishes (in this case, your father), that is up to your parent.

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