Knoll Leibel LLPKnoll & Leibel LLP2026-07-20T15:04:08Zhttps://www.bismarck-attorneys.com/feed/atom/WordPress/wp-content/uploads/sites/1605006/2021/09/cropped-Favicon-1-1-32x32.pngOn Behalf of Knoll Leibel LLP<![CDATA[Understanding asset division when divorcing a North Dakota farmer]]>https://www.bismarck-attorneys.com/?p=477922026-05-16T20:31:38Z2026-05-16T20:31:38ZIs the farm marital property?
Determining whether or not the farm itself is subject to property division rules is often an important step in a rural North Dakota divorce. Those who come from farming families may run one small portion of a larger enterprise or may have taken over family operations when their parents or grandparents retired.
In those cases, one spouse may have owned the farm outright before the marriage. The farmland and the home where they live might actually be the property of a trust established by one spouse’s family. The farm may be illiquid, which means immediately dividing it isn't realistic.
The spouse who farms as their primary source of income needs to retain the property to continue their career. However, it may be possible to arrange for an ongoing settlement that requires regular payments from the farm-owning spouse to the spouse who leaves.
If the couple acquired the property during marriage, then splitting equity, possibly by refinancing, might be an option. Beyond the land itself, there is also the equipment and any livestock present on the farm to consider when preparing for equitable property division negotiations.
Documenting the standard of living during the marriage and any under-the-table support or pay arrangements established by those running a family farm with their parents, cousins or siblings may be necessary. The process of securing a fair asset division settlement is typically much more complex when divorcing a farmer than it is when divorcing someone who has more predictable income and whose primary residence is not directly tied to their work.
Financial documentation and other evidence can play an important role in a complicated farm-related North Dakota divorce. Discussing concerns about an upcoming rural North Dakota divorce with a family law attorney can help spouses take the right steps to protect themselves.]]>On Behalf of Knoll Leibel LLP<![CDATA[What is a parenting plan, and why is it important?]]>https://www.bismarck-attorneys.com/?p=476702025-05-08T15:32:56Z2025-05-08T15:32:56ZA parenting plan is a detailed agreement between parents regarding the custody, care, and upbringing of their child or children following a separation or divorce. It serves as a guide to ensure both parents are clear on their responsibilities and the child's needs. In North Dakota, creating a well-thought-out parenting plan is not just a good idea; it's a crucial part of the legal process when parents are dividing custody and visitation.
What does a parenting plan include?
In North Dakota, a parenting plan generally covers key aspects such as:
Physical and legal custody: The plan specifies which parent the child will live with primarily and how decisions will be made regarding the child's health, education, and welfare.
Visitation schedules: It includes a clear schedule for when each parent will spend time with the child, taking into account holidays, vacations, and special occasions.
Communication guidelines: The plan often outlines how parents should communicate with each other and their child, whether through phone calls, video chats, or other methods.
Child support: The agreement may also address financial support, detailing who will be responsible for certain costs and how much support the non-custodial parent will provide.
Dispute resolution: In case of disagreements, the plan may include provisions for mediation or other conflict resolution methods.
Why is a parenting plan important in North Dakota?
Creating a parenting plan is essential for a number of reasons. First, it ensures that both parents are on the same page regarding the child’s care and needs, which can reduce conflicts and misunderstandings. The plan provides a structured approach to sharing responsibilities, which helps children adjust to their new family dynamic.Additionally, a well-drafted parenting plan can be presented to the court to show that the parents are committed to making decisions in the best interest of the child. In North Dakota, courts may require parents to submit a parenting plan as part of a divorce or custody proceeding. The plan can also serve as a reference if future modifications or disputes arise, providing a clear framework for addressing potential issues.
How does the court view the parenting plan?
North Dakota courts give significant weight to parenting plans during custody hearings. The plan demonstrates the parents' ability to cooperate and prioritize their child's well-being. If the parents are unable to agree on a plan, the court may step in to make decisions based on the child's best interests, considering factors such as the child's age, health, and relationship with each parent.Having a comprehensive and clear parenting plan in place can make a significant difference in the outcome of custody proceedings, offering stability and clarity for both parents and children alike.]]>On Behalf of Knoll Leibel LLP<![CDATA[When should I accept an insurance settlement offer?]]>https://www.bismarck-attorneys.com/?p=475592025-06-27T15:25:01Z2025-05-01T13:58:06ZIf you’ve been involved in a personal injury case, receiving a settlement offer from the insurance company might feel like a relief. However, it’s important to know when to accept that offer.
There are a variety of factors to consider before accepting an insurance settlement.
Understand the full extent of your injuries
Before agreeing to any settlement, make sure you fully understand the extent of your injuries. In some cases, symptoms or complications may not show up right away. You could accept a settlement offer only to find that your condition worsens, leaving you with out-of-pocket expenses that the settlement doesn’t cover.
Are you satisfied with the compensation?
Take a step back and evaluate whether the settlement amount truly covers your needs. Does it address medical costs, lost wages, pain and suffering, and any future treatment you may need? North Dakota’s comparative fault laws allow you to pursue compensation based on the extent of the other party’s liability. If you believe the offer doesn’t fairly reflect the damages caused by the injury, it may be worth negotiating or holding out for a better offer.
Is there a better deal waiting?
The first settlement offer from an insurance company is often not its best offer. It’s typically designed to settle the claim quickly and for as little as possible. Insurance adjusters are trained to minimize payouts, so don't assume the first number you hear is the final one. You have the right to negotiate, and if the initial offer doesn’t seem reasonable, you can request a higher amount.
Don’t settle until you have all the facts
Once you accept a settlement, you typically cannot ask for more money later. This is especially important in personal injury claims where your condition may evolve over time. Don’t accept an offer until you’ve had a chance to fully assess your medical situation and understand what the future may hold.Personal injury cases can be complex, and rushing to accept an insurance settlement could lead to costly consequences. Always consider the full picture before making any decisions.]]>On Behalf of Knoll Leibel LLP<![CDATA[What are the key components of a strong business lease agreement?]]>https://www.bismarck-attorneys.com/?p=475582025-04-16T17:04:01Z2025-04-16T17:04:01ZA business lease agreement is crucial for defining the relationship between you and your landlord. A solid lease helps protect your business interests and prevents future conflicts. Here are the key components you should focus on when reviewing or drafting a lease.
Lease term and renewal options
The lease term outlines how long you'll occupy the space. Short-term leases offer flexibility, while longer ones offer stability. It’s also important to include renewal options, giving you the chance to extend the lease without renegotiating.
Rent and payment details
Rent should cover the amount, payment schedule, any rent increases, and who handles utilities or maintenance. Some leases include clauses linking rent increases to market rates or inflation. Be sure to specify grace periods for late payments.
Maintenance and repairs
Clarify who handles repairs. Typically, landlords are responsible for major repairs, while tenants maintain the interior. A clear division of responsibility helps prevent future disagreements.
Use of the property
The lease should specify allowed uses for the space. If your business changes, a clause allowing modifications to usage can provide flexibility without breaking the lease.
Termination and exit conditions
The lease should detail conditions for early termination and the penalties involved. It should also cover how to return the property once the lease ends, such as cleaning or repairs.
Security deposit
Most leases require a security deposit to cover damage or unpaid rent. The lease should outline the deposit amount and conditions for its return. Make sure these terms are clear to avoid disputes when moving out.
Governing law and dispute resolution
Specify that North Dakota’s laws govern the lease and how disputes will be resolved. Mediation or arbitration is often preferred to avoid costly legal proceedings.A well-crafted lease protects both your business and the landlord. Pay close attention to these terms, and ensure everything is clear before signing.]]>On Behalf of Knoll Leibel LLP<![CDATA[Do you need a healthcare directive in ND?]]>https://www.bismarck-attorneys.com/?p=475572025-03-28T14:44:06Z2025-03-28T14:44:06ZA healthcare directive lets you make decisions about your medical care if you cannot make them yourself. In North Dakota, this document outlines your treatment preferences and appoints someone to make healthcare decisions on your behalf if you're unable to do so.
What is a healthcare directive?
A healthcare directive is a legal document where you express your wishes about medical treatments and procedures. It typically includes two key components: a living will and a medical power of attorney. The living will outlines the types of treatments you want or don't want in certain medical situations, like if you're terminally ill or permanently unconscious. The medical power of attorney appoints someone to make healthcare decisions for you if you're unable to communicate or make decisions yourself.
Why do you need a healthcare directive in ND?
Without a healthcare directive, doctors and family members might have to make difficult decisions about your care in an emergency or end-of-life situation. This can lead to disagreements or confusion, especially if you haven't clearly stated your wishes. By creating a healthcare directive, you ensure that others respect your desires, and your loved ones won’t have to guess what you would want in critical situations.
How to create a healthcare directive
To create a healthcare directive in North Dakota, you’ll need to complete a form that includes your medical treatment preferences and the person you want to make decisions on your behalf. Sign and date the document in front of two witnesses, who cannot be your appointed decision-maker or related to you. Store the completed document in a safe place, and give copies to your healthcare provider and the person you've appointed to make decisions for you.A healthcare directive helps ensure that your medical care aligns with your personal wishes and prevents your loved ones from facing difficult decisions. It gives you peace of mind, knowing that your preferences are legally documented.]]>On Behalf of Knoll Leibel LLP<![CDATA[What is parental alienation?]]>https://www.bismarck-attorneys.com/?p=475562025-08-27T10:49:58Z2025-03-14T16:04:33ZParental alienation happens when one parent influences a child to reject the other parent without a valid reason. This can create long-term emotional and psychological harm. Courts take this issue seriously in custody cases because it affects the child’s well-being.
Signs of parental alienation
Children experiencing parental alienation may display sudden hostility toward one parent. They might refuse visits, make negative claims, or repeat phrases that sound influenced by the other parent. The alienating parent may limit contact, speak poorly about the other parent, or interfere with communication.
Effects on children and parents
Children affected by parental alienation often struggle with guilt, anxiety, and emotional distress. They may feel pressured to take sides, harming their relationship with the rejected parent. The alienated parent can experience emotional pain and difficulty maintaining a meaningful connection with their child.
How courts address parental alienation
Courts recognize parental alienation as a serious issue in custody cases. Judges may modify custody arrangements, require therapy, or order supervised visits. If one parent is found to be intentionally alienating the child, the court may reduce their custody rights to protect the child’s best interests.
Preventing and addressing alienation
Parents can prevent alienation by promoting healthy co-parenting and respecting the child’s relationship with both parents. If alienation is suspected, legal action and counseling may help repair the damage. Open communication and professional support can encourage positive parent-child relationships.Focusing on the child’s well-being is essential in any custody arrangement. Encouraging respect and cooperation between parents helps children maintain strong relationships with both. Addressing alienation early can prevent lasting emotional harm and improve family dynamics.]]>On Behalf of Knoll Leibel LLP<![CDATA[How can you prove negligence in a personal injury case?]]>https://www.bismarck-attorneys.com/?p=475552025-02-27T16:21:18Z2025-02-27T16:21:18ZIf you’re injured due to someone else’s actions, proving negligence is key to winning a personal injury case. North Dakota law requires showing that another person failed to act reasonably, leading to your injury. To build a strong case, you must meet certain legal requirements.
Establishing duty of care
The first step is proving the other party had a duty to act responsibly. For example, drivers must follow traffic laws, and businesses must keep their premises safe. If the person owed you a duty of care, you can move to the next step.
Showing a breach of duty
Once duty is established, you must show that the person failed to uphold it. This could mean a driver was speeding or a store owner ignored a hazardous spill. Any action or inaction that puts others at risk may be considered negligence.
Connecting negligence to your injury
You must prove that the breach of duty directly caused your injury. Medical records, accident reports, and witness statements can help establish this connection. If a store failed to clean up a spill and you slipped, the injury must be a direct result of that negligence.
Proving damages
The final step is showing the harm you suffered. This includes medical bills, lost wages, and pain and suffering. Keeping records of expenses and the impact on your life strengthens your case.
Holding negligent parties accountable
Proving negligence requires clear evidence and strong documentation. If you can establish all four elements, you may recover compensation for your losses. Knowing your rights and gathering the right proof can make a big difference in your case.]]>On Behalf of Knoll Leibel LLP<![CDATA[How can small businesses protect their intellectual property?]]>https://www.bismarck-attorneys.com/?p=475532025-02-26T17:28:34Z2025-02-26T17:28:34ZIntellectual property (IP) is one of the most valuable assets a small business can own. Without proper protections, competitors may misuse your brand, inventions, or creative works. Understanding how to secure and enforce your IP rights can help you avoid costly legal disputes.
Registering trademarks for brand protection
A business's name, logo, and slogans distinguish it from competitors. In North Dakota, trademarks can be registered at both the state and federal levels. A registered trademark provides legal standing in litigation against infringement. Under North Dakota Century Code § 47-22, businesses can register trademarks with the Secretary of State to establish ownership within the state. Federal registration with the U.S. Patent and Trademark Office (USPTO) provides broader protections. If another business uses a similar mark, a trademark infringement lawsuit can help stop unauthorized use and recover damages.
Enforcing copyright protections
Small businesses that produce original content, such as marketing materials, websites, or software, should secure copyright protections. Copyright protection is automatic once you create a work, but registration with the U.S. Copyright Office strengthens enforcement options. Under the Copyright Act, registered copyrights allow businesses to seek statutory damages and attorney fees in litigation. If someone reproduces or distributes copyrighted content without permission, cease-and-desist letters and lawsuits can force them to stop and compensate for losses.
Protecting trade secrets through litigation
Trade secrets, such as formulas, customer lists, and business strategies, are protected under North Dakota's Uniform Trade Secrets Act. Unlike patents, trade secrets remain protected as long as businesses take reasonable steps to keep them confidential. This includes using non-disclosure agreements (NDAs) and restricting access. If an employee or competitor misappropriates a trade secret, you can seek damages and an injunction to prevent further use.
Responding to IP infringement
When a small business faces IP theft, swift action is necessary. Sending a cease-and-desist letter can stop unauthorized use before escalating to litigation. If infringement continues, filing a lawsuit can seek damages, legal fees, and injunctive relief. North Dakota courts recognize both state and federal IP protections, allowing businesses to defend their rights effectively.]]>On Behalf of Knoll Leibel LLP<![CDATA[What are the key benefits of a simple will?]]>https://www.bismarck-attorneys.com/?p=475512025-08-27T10:53:05Z2025-02-13T16:18:54ZA simple will provides a straightforward way to ensure your assets go to the right people. It outlines how to distribute your property and who will manage your estate after you pass away. Creating a will prevents unnecessary complications for your loved ones.
Ensures your wishes are followed
A will lets you decide how to distribute your assets. Without one, state law determines who inherits your property, which might not align with your intentions. In North Dakota, intestate succession laws dictate that close relatives inherit if no will exists. A will prevents this default process from overriding your wishes.
Appoints a guardian for minor children
If you have young children, a will allows you to name a guardian. This person will take responsibility for their care if something happens to you. Without a named guardian, the court decides who takes on this role, which may not reflect your preference.
Simplifies the probate process
Probate legally distributes an estate. A well-drafted will streamlines this process, reducing costs and delays. North Dakota follows the Uniform Probate Code, which offers a simplified process for small estates. Creating a will makes probate quicker and easier for your family.
Allows you to choose an executor
A will lets you name an executor, the person who manages your estate. This person handles tasks like paying debts and distributing assets. If you don’t name an executor, the court appoints one, which could lead to delays and added expenses.
Reduces family disputes
A clear, simple will helps prevent disagreements among family members. When you document your wishes, you reduce confusion or conflict. This eases tensions and provides clarity during a difficult time.]]>On Behalf of Knoll Leibel LLP<![CDATA[Can you legally relocate with your child after a divorce?]]>https://www.bismarck-attorneys.com/?p=475462025-01-30T21:09:36Z2025-01-30T21:09:36ZRelocating with a child after a divorce can create legal challenges, especially when custody arrangements are in place. Courts prioritize the child’s best interests, and parents must follow specific legal procedures before moving.
Court approval for relocation
A parent with primary custody in North Dakota cannot move a significant distance without court approval. North Dakota law requires the relocating parent to notify the other parent in writing and provide details about the move, including the reason and new address. If the non-relocating parent objects, the court will review the case to determine if the move is in the child’s best interest.
Factors courts consider
Judges evaluate several factors before approving a relocation request. These include the reason for the move, the potential impact on the child’s relationship with the non-relocating parent, educational opportunities, and the child’s overall well-being. A move that disrupts the child’s stability may face greater scrutiny.
Impact on custody and visitation
Relocation can affect existing custody and visitation agreements. Courts may adjust schedules to accommodate travel time, such as granting longer visitation periods during school breaks. In some cases, virtual visitation through video calls may be encouraged to maintain the parent-child bond.
Legal consequences of moving without approval
Moving a child without court approval can lead to serious legal consequences. The non-relocating parent may file a motion to prevent the move or seek a custody modification. Courts can order the child’s return and may impose penalties, including loss of custody rights.Parents considering relocation should research their legal rights and obligations to ensure compliance with custody agreements. Proper documentation, clear communication with the other parent, and adherence to state laws can help prevent legal disputes and ensure a smoother transition for the child.]]>