Divorce is a painful but often necessary process for North Dakota couples. As with any legal endeavor, it necessitates quality counsel and representation, ideally from somebody well-versed in local laws and procedures. Fargo divorce attorney Kristin Overboe is an excellent advocate for separating couples; she offers detailed counsel, plus assertive representation in courtroom situations.
Filing For Divorce in North Dakota
North Dakota mandates six months of residency before individuals can file for divorce. Spouses can file for no-fault divorce (citing irreconcilable differences), but several grounds are also available, including:
- Extreme cruelty
- Alcohol or controlled substance abuse
- Felony conviction
The divorce process begins with a summons and complaint, which must be personally conveyed, delivered by a person not involved in the divorce, or sent via certified mail. If both parties agree to the terms of the divorce, they can submit a divorce settlement agreement. Otherwise, the person served a summons (also known as the defendant) must respond within twenty days.
Issues Resolved During the Divorce Process
Romance aside, modern marriage is largely a financial arrangement. The same is also true of divorce. Spouses must determine an acceptable means of dividing property. North Dakota divorces also typically involve spousal support and child support. In addition to resolving financial issues, spouses with children must determine who will hold legal and physical custody.
Approaches to Divorce
No one approach to divorce works perfectly for all couples. Some benefit most from mediation, which allows them to settle their differences amicably out of court. Mediation tends to be the most affordable approach, but may not work for relationships involving a clear imbalance of power. Although attorneys are not actively involved in negotiations during mediation, they can provide valuable counsel. Some couples choose to mediate select aspects of their divorce and leave the rest for court.
Those who desire middle ground often opt for collaboration. Although technically an adversarial approach, collaboration still allows spouses to work together to obtain creative solutions to their most pressing concerns.
Sometimes, litigation is the only practical approach to divorce. Litigation divorces require assertive, yet sensitive representation. The goal, as with collaboration and mediation, is to obtain a prompt resolution — but also to fight zealously for the client’s best interests.
No matter your preferred approach to divorce, you can count on Overboe Law for support. Reach out today to learn more about the divorce process and how Kristin Overboe can help.