How to Get an Uncontested Divorce North Dakota
What is an Uncontested Divorce North Dakota?
An uncontested divorce North Dakota is one in which both of the spouses are proceeding with a divorce while in complete agreement about each other. That means not only do they agree that a divorce is their best opportunity to improve their personal wellbeing, but that they agree on all terms of the divorce, such as how much child support one of them should pay, if child support is necessary, to how their joint property will be divided.
Who Is Eligible for an Uncontested Divorce North Dakota?
Generally speaking, an uncontested divorce North Dakota only requires that both partners be eligible for divorce in the state. That just means that one has to have been a resident of North Dakota for six months prior to divorce filings. Divorce filings can be no-fault, so you don’t need a clear and identifiable reason for the failure of your marriage.
What is a Simplified Dissolution?
Simplified dissolutions are a type of uncontested divorce North Dakota meant to speed up the separation process for eligible individuals. While an uncontested divorce North Dakota is made much quick by virtue of an absence of arguments, it is still lengthened by the bureaucracy involved. Simplified dissolutions require fewer forms and are generally much easier to apply for.
Who Is Eligible for a Simplified Dissolution?
This, of course, is the kicker since if simplified dissolutions were available to everyone no one would participate in a more difficult uncontested divorce North Dakota. In order to qualify for a simplified dissolution, normal divorce considerations such as the residency requirement still apply, but it is also a rule that no children can have resulted or will result from the marriage, nor can their be any other legal action occurring with the two spouses as parties.
How Do I File for Simplified Dissolution?
The first requirement for this type of uncontested divorce North Dakota is the initial filing. One spouse, just one spouse, has to go to their county’s District Courthouse and file the following forms:
• A Complaint, stating the civil action as divorce and specifying the reason for divorce;
• A Verification, in which the plaintiff asserts that everything in the Complaint is true;
• A Settlement Agreement, in which all the terms of divorce which the two spouses have informally agreed upon are laid out;
• A Summons, allowing the other spouse 20 days to file an answer to the Complaint;
• An Admission of Service, meant to prove that the other spouse did in fact receive the Summons and the Complaint.
Later, before a hearing in which a judge finalizes the terms of the divorce, the following forms will also be needed:
• An Affidavit of Proof for Stipulated Judgment, which repeats the terms in the Settlement Agreement and incorporated information from the Complaint;
• Finding of Fact, Conclusions of Law and Order of Judgment, the court’s opinions about case including the order for divorce;
• Judgment, which, when signed, ends the marriage.
