Free North Dakota Marital Separation Agreement

  • Roles of Marital Separation Agreements in North Dakota

  • Legal Separation is recognized in the state of North Dakota as an alternative to/or proceeding divorce. It’s important that couples who choose legal separation enter into a Marital Separation Agreement that outlines the right and responsibilities of each party once they decide to live separate and apart, whether they decide to work on the marriage or prepare for divorce. Legal Separation Agreements can help you fast track the process for marital separation and/or divorce, whichever you choose. The North Dakota Marital Separation Agreement is an official document that settles in writing your marital issues.

  • 1. Protection

    • The Marital Separation Agreement in North Dakota is crucial as it protects you and your spouse noting that most separations last longer than the time both parties thought it would last initially. Therefore, it is only through the separation agreement, whose forms are freely available, that you can highlight the obligations of each party on financial matters, child custody/ support, and visitation, as well as handling of marital property and debt.

  • 2. Preparation for Divorce

    • The agreement is often the legal document couples use to settle marital issues upon divorce. In your final decree or judgment for divorce, the Marital Separation Agreement is used as the reference, and the court will order your divorce according to what the agreement stipulates if neither party contests the agreement.

  • 3. Grounds for Legal Separation

    • The Marital Separation Agreement is often used as the grounds for legal separation even though legal separation cases are rare in North Dakota. You should note that legal separation proceedings are similar to divorce proceedings. The only difference between legal separations and divorces is that a couple stays married to each other after signing the legal separation papers.

Reasons and Conditions for Legal Separation in North Dakota

  • Since you remain married after a legal separation, the process is technically divorce from bed and board. Here are the conditions for getting legal separation:

    • Adultery

    • Irreconcilable differences

    • Confinement for incurable insanity for at least five years

    • Willful desertion/ neglect

    • Conviction of a felony

    • Habitual drunkenness or intemperance

    • Cruel and inhuman treatment

For a decree of legal separation, the spouse who files for the separation must have been a North Dakota resident for at least six months.

If you and your spouse have considered all the options available on the fate of your relationship and determined that separation agreements are suitable, you can start the process by getting the free North Dakota Marital Separation Agreement from us today by filling above steps.

Whether you live in Fargo, Bismarck, Grand Forks, Minot or any other city of North Dakota, you can use our legal forms easily.