Your Legal Questions

What is Family Law?   
Family law encompasses many areas of the law.  Divorce, child custody, and child and spousal support immediately come to mind.  However, family law may also encompass property law, tax law, contract law, estate law, and other areas of the law.

Is a divorce governed by federal law?   
No.  Family is, to a great extent, state-based law, not federal law.

What determines where a divorce is filed?   Where the divorce takes place is called “venue.”  State law usually determines which venue will be used for trial.

Venue is generally tied to one’s residence.  In North Dakota, a divorce may not be granted unless the plaintiff in good faith has been a resident of the state for six months next preceding commencement of the action.  If the plaintiff has not been a resident of this state for the six months proceeding commencement of the action, a divorce may be granted if the plaintiff in good faith has been a resident of this state for the six months immediately preceding entry of the decree of divorce.

It seems to me that women more than men get custody of children.   Does state law discriminate against men?  
While it is true that in the past the law sometimes treated men and women differently, both the state and federal constitutions reject gender discrimination.  If a law is passed which “classifies” individuals based upon their gender, North Dakota’s constitution requires that such laws are subject to heightened scrutiny.

Does North Dakota recognize pre-marital agreements?   
Yes.  The North Dakota legislature adopted the Uniform Premarital Agreements Act in 1985.

A pre-marital agreement must be a document signed by both parties.  It is enforceable without consideration.  The parties to a pre-marital agreement may contract with respect to any property either or both may have, the disposition of property upon separation,  the marital dissolution, death, or other occurrence.  The modification or elimination of spousal support, the making of a will, trust or other arrangement to carry out the provisions of the agreement, ownership rights in a life insurance policy, and any other matter not in violation of public policy or a statute imposing a criminal penalty.  A child’s right to support may not be adversely affected by a premarital agreement.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties.  The amended agreement or the revocation is enforceable without consideration.  There are situations, however, whereby a premarital agreement is not enforceable.  Consult with your attorney as to how the law applies to the specific facts of your case.

What are the grounds for divorce in North Dakota?   
North Dakota law provides that divorces may be granted for adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of a felony, institution or insanity for a five year period, and irreconcilable differences.

North Dakota, therefore, has “fault” grounds for divorce and “no fault” grounds for divorce.

David R. Bliss, P.C., Attorney at Law
P. O. Box 4126
109 North Fourth Street Suite 300
Bismarck, North Dakota 58502-0817
Phone: (701) 223-5769
Fax: (701) 222-3586