I need to file for bankruptcy. Should I file for Chapter 7 or Chapter 13?

The type of bankruptcy you file depends on your income. If it’s low, you’ll probably do best filing for a Chapter 7, and if it’s over a certain amount, you’ll likely be compelled to file a Chapter 13.

I’m getting divorced. Do I definitely have to go to court?

No. In fact most divorce cases actually never have to go to court. You and your spouse have the option to negotiate your way to a divorce settlement, or come to an agreement through mediation.

How is legal child custody different from physical child custody?

According to North Dakota family law, legal custody of a child encompass “decision-making responsibility” for the child. Physical custody refers to “residential responsibility” and designates where the child resides, and the care and control of a child during any particular week, month, or year.

What’s the difference between burglary and theft?

Theft is the umbrella term for stealing, while burglary refers to entering a building illegally with intent to commit a crime, especially theft.

I have a child and I’m not married to the other parent. Will I have to pay child support?

North Dakota and Minnesota courts may order you to pay child support. State courts typically order the non-custodial parent to pay a set percentage of their net income to the custodial parent.

What if I refuse to take a breathalyzer test when police pull my car over?

According to North Dakota and Minnesota law, if you are stopped pursuant to a valid traffic stop and enough evidence exists to establish probable cause for pulling you over for a DUI arrest you are required to give a breathalyzer test. If you refuse a breathalyzer or blood test under these conditions, your license will be suspended.

Can I get my driving privileges suspended in more than one state?

Yes. because North Dakota and Minnesota are both members of the Interstate Driver License Compact, the two states share drivers’ conduct histories. So if your driving privileges in Minnesota are revoked because of a DUI, your North Dakota drivers license will also be immediately subject to suspension.

Does O’Day Law Office, PC offer free consultations?

Yes! We’re looking forward to getting your phone call and helping you with your case.


O’Day Law Office, PC provides exceptional legal services for family law, bankruptcy, criminal defense and civil litigation cases in the Fargo-Moorhead metro area. Call our office at (701) 298-9326 to schedule your free case evaluation.