Robert A Keogh Law Office

In a legal separation spouses are still married. They can live separately and lead separate lives, but legally they are still considered married and must abide by all of the limitations of being married. For instance, they cannot remarry unless they legally divorce. Married spouses, even if legally separated, are also still entitled to the benefits of marriage regarding power of attorney, inheritance, etc. Couples choose to legally separate but not divorce because their marriage is not working but for whatever reason – religion, finances, etc. – they do not want to divorce.

It varies from case to case, but most courts assume that anything earned during the marriage is the property of both spouses, unless a prenuptial agreement was put in place stating otherwise. Retirement funds are funded with money earned during the marriage, even if the earner does not yet have access to those funds. This makes them divisible in a divorce, but how this is accomplished can be complicated and vary from one divorce to another.

A marital settlement agreement defines the terms of a divorce and what obligations the spouses have to one another after their marriage is over. It usually includes property division, child custody, child plans, debt division, spousal support and any other relevant issues. It is beneficial to have to have a marital settlement agreement because it eliminates uncertainty, can help you avoid court, and allows the divorce to move as quickly as possible through the system.

Alimony in North Dakota is decided on a case-by-case basis. If the divorcing couple is unable to come to an agreement concerning alimony, the court will make a determination using the circumstances of both spouses. There are many factors that go into the consideration and decision of spousal support. It must be shown that one spouse has a financial need and the other must have the ability to pay. The court looks at the standard of living established during the marriage, the length of the marriage, the earning abilities of both spouses, and the time needed for the dependent spouse to become marketable.

North Dakota is one of just a few states that use the "percentage of income" method for calculating child support. This means the formula takes into account parents who share custody of a child and are connected to the custody split. The formula also takes into account extraordinary medical costs and college costs. One of two methods is used including the income shared method or percentage of income method. Payments can be arranged out of court through a mutual agreement between the parents or decided in the family court system with a support order.

It can because the court might view it as abandoning the children. It can also have an effect on who is allowed to live in the house once the divorce is finalized. It is always better to continue living in the family home and find a way to live civilly until there is a divorce agreement in place. If this is not possible, you can get a temporary custody agreement in place that will serve as a guide in the future.

North Dakota courts make child custody decisions by evaluating what is in the best interests of the children. The court analyzes a number of factors and work to ensure a healthy and consistent relationship with both parents, barring any allegations or evidence of abuse. The court considers the emotional ties between the child and his or her parents, as well as each parent's ability to care for the child. It is hoped that both parents will encourage a positive and strong relationship between the child or children and the other parent.

There are several things to do if you are planning to file for divorce. First and most importantly, speak to an experienced divorce attorney who understands the laws in your state. Next, you will need to get an idea of where you stand financially and gather all financial documents. Evaluate all joint accounts with your spouse, close those accounts, and establish credit in your own name. Determine whether you will remain in the family home or move out – the former is preferred but not possible in every case. Finally, determine whether you will opt to mediate your divorce or need to pursue another route.

North Dakota is an equitable distribution state, which means that property will be split between spouses in a way that is equitable. This does not necessarily mean equal. Instead, the court looks at the unique circumstances of the marriage and awards property based on the contributions of each spouse throughout the time they were married, as well as the needs of each spouse after divorce. The goal is to aid the children in the family and each spouse in maintaining a lifestyle as consistent as possible after divorce.