Questions Answered From Concerned Family Members
For nearly 40 years, we have assisted families in their legal needs. We understand that family legal issues tend to be emotional and difficult, which is one reason why we at Knoll Leibel LLP, in Bismarck are committed to providing honest and straightforward answers and advice.
Following, we would like to share some of our clients’ common questions, which we have discussed in detail with them.
Do I need a legal reason to file for a divorce in North Dakota?
Yes. You need what is called grounds for divorce. One of the most common reasons to file a divorce is irreconcilable differences. Other reasons include substance abuse, domestic abuse, extreme cruelty and adultery, to mention a few.
Can I fight for joint child custody?
Although joint custody is a possibility according to the law, judges will regularly grant primary and secondary custody. The primary guardian will be the parent with whom children live most of the time, while the secondary guardian has parenting time, i.e., a visitation schedule. This is all included in a parenting plan approved or determined by a judge. However, child custody can be modified over time. An experienced family lawyer can help you evaluate whether joint child custody can be an option for you. You might also want to learn about your options for child custody modification or work on a parenting plan that protects your child’s best interests.
Can I get alimony after legally separating from my partner or getting a divorce?
A judge can grant spousal support if determined that a party requires financial help and the other party is able to provide. However, alimony is expected to be temporary until the party requiring this support becomes self-sufficient. An attorney can provide you with an honest evaluation of your case and help you apply for alimony if needed.
How many types of guardianships are there?
There are two guardianship types, which are full and limited. In addition, both adults and children might be subject to guardianship.
In a full guardianship for an adult, for example, a guardian could be entitled to make decisions on the ward’s behalf regarding estate and financial matters. In the case of children, a guardian makes all decisions (health, financial, childrearing) to protect the children’s best interests.
An adult can be subject to partial guardianship in decisions relevant to health care and treatments should the adult be temporarily incapacitated to make such decisions for themselves.
A legal procedure should be followed to appoint a guardian. If you want to apply to become a guardian or wish to oppose guardianship, have an experienced lawyer with you to guide you through the process.