“Family Law” is a general term that includes several areas of law affecting North Dakota residents including, but not limited to, divorce, custody (now termed residential responsibility), visitation (now termed parenting time), adoption, prenuptial agreements or ante-nuptial agreements, post-nuptial agreements, contempt of court proceedings, restraining orders, protection orders, name change and termination of parental rights. Greg Liebl is a Fargo family law attorney here to help answer any questions you may have about either topic.
Family issues have the potential for high emotion and can alter an entire family. If you are involved in a divorce or other family law matter anywhere in North Dakota, it is important that you have a family lawyer on your side to determine the best possible solution.
Greg welcomes your call to discuss any of the following situations:
Divorce in North Dakota can include, and usually does, many aspects of family law. The two main aspects are property division and spousal support. Property division and spousal support vary among cases in regard to the percentages, amounts, and duration granted for each. In North Dakota the Courts look to the Ruff-Fischer Guidelines to help determine these issues.
There are a couple of different ways to legally end a marriage in Fargo and throughout North Dakota – divorce and annulment. An annulment is a legal procedure in which a marriage is deemed void. In other words, unlike a divorce, an annulment establishes that a marriage never existed under the law. The parties to an annulment do not have any rights in or to the other party’s property and are not entitled to spousal support.
A divorce is a legal procedure in which a valid marriage is deemed severed by a judge. In a divorce action the parties have certain rights and obligations that must be addressed. Often times divorces involve property division, debt division, spousal support, parental responsibility (custody and visitation), and child support. This process is much more common than the annulment process in North Dakota. This is more than likely due to the fact a divorce is easier to obtain than an annulment. If you have further questions about divorce, contact Greg Liebl at 701-297-2890.
Often times residential responsibility disputes arise during a divorce or when a couple splits up. This can be troubling as spending time with your child is one of the most precious assets imaginable. Courts look to what is in the child’s best interests when determining who should have custody or residential responsibility.
Greg delivers consistent preparation, planning, and knowledge with all child custody cases he retains. Knowledgeable in all North Dakota custody statutes, Greg is dedicated in his efforts to provide every client with experience, research, and other resources important in gaining the outcome you as a parent seek.
Child visitation, or what is now termed “parenting time,” with a non-custodial parent is a child’s right. In this regard, unless the parent is somehow emotionally or physically harmful to the child that person will likely get reasonable parenting time. Like most things in family law, the results vary from case to case. Factors that will have an impact on parenting time include the best interests of the child, the requests made, the conduct of the parties, and the distance between the parties.
Adoptions are typically one of the happier aspects of family law. There are several types of adoptions, but most are “agency adoptions.” This type of adoption gets arranged through an adoption agency. Greg creates the necessary legal documents and attends the final adoption hearing.
There are many types of adoption options and Greg will explain the differences between the wide varieties of North Dakota programs associated therewith. There are identified, special-needs, international, relative and step-parent adoptions to name a few. Greg will be sure you have the accurate information you need when choosing the ideal option available for your situation.
Individuals, and in some instances, couples have assets that they know they want to protect in case of a future divorce. These people should have a legally binding prenuptial agreement drafted to protect these assets. In addition, prenuptial agreements or post-nuptial agreements can control other aspects left to chance in a divorce, such as, property division and spousal support (alimony). Minnesota has statutes particular to the validity of a post-nuptial agreement. North Dakota recently added a specific set of rules for post-nuptial agreements in the summer of 2013.
Under North Dakota law, a Prenuptial Agreement is a contract signed between two parties who intend to get married. This contract secures each party’s respective right during the marriage, or if the marriage ends. Prenuptial Agreements can be used to attempt to avoid potential legal battles and unnecessary costs that sometimes result at the end of a marriage.
Contempt of Court Proceedings
Sometimes after a divorce or a custody matter has been resolved, whether by a judge making a decision for the parties or by the parties reaching an agreement on their own, one of the parties fails to abide by the terms of the Judgment. When a person intentionally disobeys a court order they can be found in contempt of court. There are several sanctions that can be handed down if a person is found to be in contempt of court. Call Greg in Fargo at 701-297-2890 if you have further questions about these sanctions.
A mediator doesn’t advise or advocate for either party involved, but rather spearheads a conversation that satisfies all parties’ concerns and comes to a workable solution. Having Greg as a skilled mediation attorney can produce solutions that may have otherwise been forgotten or simply overlooked. Sometimes a family matter just needs the help of a mediator to get items accomplished rather than going through the court system to find the same end result.
Often times people ask for name changes for their children during a paternity action or if they remarry and they want the child to share their new last name. This said, sometimes adults change their names for various reasons. The purpose of the name change cannot be for an immoral or fraudulent reason. Greg is here to answer any questions you might have regarding changing your name in North Dakota.
When a person says something or does an act that is unwanted and the words said or the acts done were intended to adversely affect the safety or privacy of the recipient, the recipient of the words or acts may get a restraining order. The restraining order can prevent contact with the recipient and/or prevent the person engaging in disorderly conduct from going to certain places.
Domestic violence protection orders are similar to a disorderly conduct restraining order, but take place with a family member. Protection orders are also further reaching than a protection order, as they can also control parenting time issues.
Termination of Parental Rights
A lot of times a person’s parental rights are terminated when they are voluntarily giving their child up for adoption. However, sometimes in rare instances a person’s parental rights can be terminated involuntarily.
Contact Our Fargo Family Law Attorney Today
Each of these topics can be convoluted and difficult to understand for the layperson. It is important to seek legal help on these issues so that your rights are protected. Call 701-297-2890 for a free consultation with family law attorney Greg Liebl in Fargo, ND today.