Free North Dakota Marital Separation Agreement

Despite your best efforts, trying to fix a marriage by staying in it may only create more bad than good. But, when it gets to that point where you know that you need to separate or just take a break, most North Dakota couples are unable to make the right decisions because of the feeling that there is a lot on stake. While this is always the case, your only chance at a happy marriage in the future comes from a break, although this isn’t always the case. It is worth the shot though.

You are probably pondering over these: marriage being a legally binding relationship, is there a way of lawfully separating? Is legal separation a thing in North Dakota? What agreements can you come up with? Well, you are at the right place as this article will inform you on all there is to know about separation agreements and legal separations.

Separation agreements

In North Dakota and every other state that recognizes separation agreements, you will realize that the agreement you make with your spouse is the most important decision you will make when your marriage hits the rocks.

  • Roles of Marital Separation Agreements in North Dakota

  • 1. Protection

    • The North Dakota Marital Separation Agreement is an official document that settles in writing your marital issues. This document has the agreed details on your right and responsibilities as you work on your marriage, or get ready for your divorce.

    • 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 documents 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.