Divorce petitioners in North Dakota must fulfill all preliminary requirements before filing a divorce complaint. Among these requirements are those associated with establishing residency. All divorce petitioners must live in the state of North Dakota for no less than six months. Where the marriage took place is irrelevant after residency in North Dakota has been established.
Identifying the Divorce Grounds
Divorce cases proceed in one of two ways. The petitioner chooses a no-fault ground such as irreconcilable differences or identifies a fault. If the defendant is likely to fight against allegations, a no-fault ground could produce a divorce quickly. However, if the petitioner stands to gain an advantage by identifying a fault, they should gather evidence before filing. A Divorce Attorney in Williston ND area could help.
How to Acquire Evidence
If the reason behind the divorce is infidelity, the petitioner could acquire evidence by hiring a private investigator. Phone records, emails, text messages, and other communications could also provide evidence of a relationship. However, photographs and video surveillance could provide more clarity. A Divorce Attorney could help a petitioner find the right investigator to help with the case.
Identifying Conflicting Allegations
Under North Dakota laws, a petitioner cannot use adultery if they continued to live with the defendant after the infidelity. By remaining in the same home, the petitioner gives the impression that they condone the behavior. The same is true when the grounds are domestic violence, addiction, or incarceration.
If the defendant testifies, the case could be dismissed if their testimony or evidence discredits the petitioner’s case. This is why concrete evidence is needed to prevent these actions. For example, in a case identifying domestic violence as a cause, a protection order could provide enough evidence. Any violations of the court order could support their claim more conclusively. However, they must press charges against the defendant first.
Petitioners who wish to acquire a divorce must follow all applicable laws. Any mistake in these cases could lead to a dismissal. If the petitioner chooses fault-based grounds, they must provide clear evidence to support their claims. To learn more about these laws, contact a Divorce Attorney in Williston ND today.
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