Committed Attorney Helping Fargo-Moorhead Metro Area and Minnesota Families With Their Divorce Cases
Divorce is not an easy decision in anyone’s life. It can be an emotionally fraught time for both the separating spouses and their children. The legal process can add to the stress, even if it’s handled in a somewhat civil way—so it’s important that you retain the services of a reliable attorney.
North Dakota recognizes seven grounds for a fault divorce. These include adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, or a felony conviction. But like most jurisdictions, North Dakota is a no-fault state when it comes to divorce, which renders irreconcilable differences as sufficient legal reason to get a divorce.
Minnesota divorces only happen on a “no-fault” basis. That means that you can’t blame your spouse’s wrongdoing as the cause of the divorce—the only grounds for divorce is that the spouses have irreconcilable differences that have led to the marriage breaking down.
Settling Your Divorce Out of Court
Most divorce cases actually never have to go to court. Instead, you can negotiate or mediate your way to a divorce settlement. Negotiations happen between spouses via their respective attorneys, who either correspond with each other or convene a settlement conference that includes both the attorneys and spouses.
As another alternative, mediation happens with the help of a neutral dispute resolution professional—or mediator—who help spouses come to an agreement themselves. The mediator then documents the agreement for each spouse’s attorney to review. In North Dakota divorce cases that involve minor children, the mediation process is mandatory.
After a successful negotiation or mediation, the attorneys can file the divorce agreement with the state court.
If your divorce is happening in Minnesota, you can use the Early Neutral Evaluation process to resolve any disputes with your spouse. The process can focus on resolving issues surrounding either minor children (including custody and parenting time), or finances (including spousal support).
Get the Legal Help You Need
Whether or not your divorce goes to trial, most of the proceedings focus less on whether a divorce will be granted than on issues like child custody, property division, parenting time and visitation and other matters. In short, divorce opens up a Pandora’s box of issues that you’re best addressing with the help of the type of skilled attorney you’ll get when you contact O’Day Law Office, PC.