Divorce Proceedings

A Few Things To Consider Before Getting A Divorce

July 30, 2015

Below are a few things you may want to consider prior to initiating divorce proceedings in the State of North Dakota.

Talk To An Attorney If Divorce Is Being Considered

In some situations, parties may be committed to divorce, and marriage counseling would be futile. At this point, it is best to discuss the initiation of your separation or divorce proceedings with an attorney, as it is in your best interest to have someone capable of advocating for what is in your best interest. Divorces can entail many different facets of a person’s life, including property distribution, spousal support, and the residential responsibility of children. These issues can become very complicated, and a professional capable of advising you and guiding you through the process will not only ensure that your best interests are protected, but it will also alleviate a large amount of the stress associated with divorce proceedings. Even if you decide not to move forward with a separation or divorce, it is best to discuss the matter with an attorney.

Do Not Move Out Of The Marital Home Until Calling An Attorney

When the decision has been made to divorce, either spouse may think it’s best to move out of the house until everything is resolved. However, this decision may have profoundly negative effects on any potential proceeding. Certainly, there are situations where removing yourself from the marital home is clearly the best decision, but prior to making this decision, it is important to discuss the same with an attorney.

Do Not Dissipate Marital Assets

In a divorce proceeding, North Dakota divides marital property “equitably” between the parties. The Court makes their decision after evaluating what are called the Ruff-Fischer Guidelines. Once you serve or are served, with a Summons you are allowed to expend reasonable expenses to live. Reasonable is a discretionary term and does not mean that one should spend frivolously. While parties should not dissipate marital assets, during a divorce proceeding it certainly does occur, on occasion. In circumstances such as these, the party dissipating assets can have that decision held against them and it will likely negatively affect a property settlement. Each situation is different and because of this, it is best to discuss financial decisions in regard to your marital assets with an attorney.

We Are Here To Help

If you have any questions regarding the initiation of divorce proceedings in North Dakota, do not hesitate to contact our Family Law Team at 701-297-2890 or send us an email below.