The Complaint initiates a court action and is the first document (pleading) filed in a lawsuit, listing the accusations upon which the complaining party bases their request for relief, and the relief sought. This sample document, a Complaint for Divorce - No Children, can be used as a model for drafting a similar complaint. Adapt to fit your own facts and circumstances. Available for download in standard format(s).
North Dakota Complaint for Divorce for People with No Children
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How to fill out North Dakota Complaint For Divorce For People With No Children?
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FAQ
Divorce LawNorth Dakota is not a No-Fault jurisdiction. The grounds for divorce in North Dakota are: adultery, extreme cruelty, desertion or willful neglect for one year, habitual intemperance for one year, conviction of a felony, or irreconcilable differences.
Uncontested DivorceIf you properly served the divorce petition and your spouse filed an uncontested response, but won't sign off on the final divorce papers, courts in some states may allow the case to proceed as though it's uncontested. You may wait to be assigned a court appearance date.
While joint custody was once rare in North Dakota, family courts in the state now base custody decisions on the assumption that a relationship with both parents is in the child's best interests. North Dakota also allows grandparents the right to visit with their grandchildren.
Once you establish legal paternity, the mother cannot move away with the child over the father's objection without leave of court. However, if you do not establish paternity, the mother can move away or deny visitation rights, regardless of the father's objections.
If you or your partner won't agree to getting a divorce it'll take more time and cost more money than if you both agree. If you agree on your divorce and the reasons why, getting a divorce legally finalised will usually take 4 to 6 months.
What is the filing fee for a divorce in North Dakota? The court fees for filing the paperwork for a basic divorce in a North Dakota court is $289.00.
There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.
If your spouse refuses to acknowledge your divorce petition? If your husband has told you that he has received the divorce papers but he refuses to send the Acknowledgement of Service form to the court, you can apply to the court to make an order of deemed service.
You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.