Divorce
There are few experiences in life as emotional and trying as navigating a divorce. Though no one marries to see the relationship end, sometimes plans change. At Circling Eagle Law, we strive to simplify the messy divorce process and help clients avoid the stress and contention that can so easily arise.
Whether you are filing a contested or uncontested divorce, you can rest assured that our divorce attorneys in Fargo have your best interests in mind. We are genuinely passionate about helping the members of our community and find joy in empowering our clients to navigate their cases with confidence. Experience the difference that high-quality counsel can make in your divorce – choose Circling Eagle Law.
Contact our trusted divorce lawyer in Fargo at (701) 401-7404 to schedule a free initial consultation.
Yes, North Dakota is a no-fault divorce state. This means that a couple can get a divorce without having to prove that either spouse was at fault for the marriage breakdown. The only grounds for divorce in North Dakota are irreconcilable differences. This means the couple has tried to reconcile but cannot and has no reasonable prospect of reconciliation.
You must be married for at least one year to get a no-fault divorce in North Dakota. You must also file a petition for divorce with the court and serve it on your spouse. Once your spouse has been served, the court will schedule a hearing to discuss the divorce.
At the hearing, the court will determine whether irreconcilable differences exist and whether to grant the divorce. You will be issued a divorce decree if the court grants your divorce. The divorce decree will state that your marriage is dissolved and will set forth the divorce terms, such as child custody, child support, and alimony.
North Dakota's approach to divorce aims to reduce conflict and make the process smoother for all parties involved, particularly where children are concerned. By recognizing irreconcilable differences, the law allows couples to part ways amicably, minimizing emotional anguish and fostering cooperation in reaching a fair settlement.
If you are contemplating a divorce in North Dakota, speaking with an experienced family law attorney is essential. A family law attorney will help you understand the divorce process and represent you in court.
Filing for divorce is undoubtedly a complex process with many moving parts and plenty of boxes to check off. At Circling Eagle Law, our goal is to help you check those boxes without sacrificing your rights or your family’s well-being. We take great care to help our clients understand their options so that they can make informed decisions that best serve their unique needs.
Choosing the right type of divorce procedure is crucial. In North Dakota, you can file for a contested or an uncontested divorce, each having its own procedures and requirements. An uncontested divorce is less adversarial and typically faster, ideal for couples who can agree on all matters, including property division and child custody. A contested divorce, while potentially lengthy and complex, is often necessary when spouses cannot reach mutual agreements. Our knowledgeable attorneys will guide you through either path, offering sound advice tailored to your circumstances.
We can assist you with guiding the following aspects of your divorce resolution:
Facing a family matter is never easy, even if you have navigated the legal system before. Below, we have answered some of the most common questions about filing for divorce in North Dakota.
There is no easy way to determine exactly how long it will take to finalize your divorce – every case is different. A divorce can take anywhere from a couple of weeks to over a year. The length of time will depend on you and your spouse, and the Court, if the matter proceeds to litigation. At Circling Eagle Law, our attorneys are there to provide a guiding hand through the divorce process, and we will be there from beginning to end, regardless of time.
The duration largely depends on factors like the type of divorce filed, the court's schedule, and the extent of negotiation required between parties. If children and significant assets are involved, this might lengthen the process due to the complexities that arise. At Circling Eagle Law, we prioritize efficiency without compromising the quality of representation, ensuring that each step is managed with care and diligence.
North Dakota has no strict guidelines to determine whether alimony should be awarded and no formulas to calculate an award. Alimony cases are determined on a case-by-case basis after consideration of various factors. It is best to speak with an attorney in assessing your alimony questions and circumstances.
When determining alimony, North Dakota family courts will consider factors such as:
Alimony, also known as spousal support, is intended to help a lower-earning spouse maintain a standard of living comparable to that enjoyed during the marriage. The court aims to ensure a fair transition post-divorce, promoting independence while accounting for potential financial disparities. Whether you are seeking or challenging alimony, our legal team can help clarify any concerns and formulate a strategy to present your situation effectively in court.
Every parent owes a duty of support to their child. Therefore, if you and your divorcing spouse have a child or children together, child support will be ordered based on your custody arrangement and financial circumstances. The North Dakota Child Support Guidelines are available online. Our Fargo divorce lawyers can represent you to ensure that any child support you are ordered to pay is fair.
Child support is calculated based on the parents' incomes, custody arrangements, and the child's needs. It is designed to cover essential expenses such as housing, food, healthcare, and education. Our attorneys at Circling Eagle Law strive to ensure the calculations are just and reflect both parties' financial capabilities. We provide guidance to uphold your rights while prioritizing the child's best interests, making sure that the agreement is sustainable and equitable for all involved.
Property division is often one of the most contested aspects of a divorce in Fargo. At Circling Eagle Law, we understand the stress this can place on individuals, which is why our legal team goes the extra mile to ensure a fair distribution of assets. North Dakota follows an equitable distribution model, which means that marital property is divided fairly, but not necessarily equally. This involves a thorough evaluation of each spouse’s financial contributions and needs. Our attorneys provide personalized strategies to protect your interests, whether through negotiation or representation in court. By prioritizing transparency and diligence, we strive to achieve a balanced outcome that respects both parties’ rights and contributions.
Several factors influence property division, including the duration of the marriage, the value of the property, and future earning potential. Special consideration is given to the welfare of any children involved, ensuring they have a stable future. We work collaboratively with financial experts when necessary to accurately assess asset values, offering you detailed guidance on what to expect throughout the process. Our team's experience in dealing with complex property division cases allows us to effectively advocate for your rightful share while minimizing conflicts and fostering cooperation.
In Fargo, residency requirements must be met before filing for divorce. At least one spouse must have lived in North Dakota for six months before filing. This requirement ensures that the case is handled within the state’s jurisdiction. Meeting these criteria is essential, as failure to do so can result in delays or the dismissal of your filing. It is important to gather all necessary documentation proving residency in advance. Our team at Circling Eagle Law can help verify that you meet these residency requirements, streamlining your path to filing and preventing any procedural setbacks that might complicate your divorce process.
Mediation is an alternative dispute resolution process that encourages divorcing spouses to communicate and negotiate the terms of their divorce outside the courtroom. This method is particularly effective in contentious cases as it fosters a healthier, more constructive dialogue. With the mediator’s assistance, couples can reach agreements on issues such as property division, child support, and alimony in a less adversarial setting. Mediation can significantly reduce the emotional and financial burdens associated with litigation, making it an attractive option for many. At Circling Eagle Law, we support clients through the mediation process by preparing them thoroughly and advising on the best strategies to achieve their desired outcomes. Our lawyers will work with you to evaluate whether mediation is suitable for your situation and, if so, how to navigate discussions effectively to protect your interests and ensure a fair result.
Preparing for divorce involves more than completing paperwork; it requires strategic planning and emotional readiness. Begin by gathering financial documents, including tax returns, account statements, and records of debts. Consider your objectives for settlement, including custody arrangements and financial support. Emotional preparation is equally crucial, as divorce can be an emotionally taxing process. Seeking support from counseling services can provide valuable coping mechanisms and guidance. At Circling Eagle Law, we help clients prepare comprehensively, offering resources and advice to ensure they enter the process informed and confident.
Effective representation is key to protecting your interests during a divorce. At Circling Eagle Law, our commitment to personalized service ensures that your circumstances are fully understood and advocated for. We recommend maintaining clear, organized records of all communications and transactions related to the divorce. Proactive management of these details is important in disputed issues like asset division or custodial arrangements. Our attorneys work closely with clients to develop tailored strategies that outline clear objectives and explore all legal avenues to achieve them. By prioritizing transparency and communication, we aim to prevent misunderstandings and foster mutually agreeable solutions.
Retirement assets are considered marital property and are subject to division. This can be complex, as various types of accounts — such as 401(k)s, pensions, and IRAs — are involved, each subject to different rules and tax implications. A Qualified Domestic Relations Order (QDRO) is typically required to facilitate the division of these assets without incurring penalties. Our attorneys at Circling Eagle Law have significant experience navigating these intricacies, ensuring adherence to all legal requirements while aiming to preserve your financial security. Understanding how contributions were made, such as pre-marital or marital funds, is essential in determining what portion of the retirement assets is subject to division. We work diligently to safeguard your interests, providing a clear picture of how different division strategies can impact your financial stability both in the short and long term.
Contact us for a personalized consultation and let us help you secure the fair and just support you deserve. Call us at (701) 401-7404 to schedule your confidential consultation today.