What are the grounds for divorce?

In North Dakota, the grounds for divorce are set out in the state’s divorce laws. The state recognizes both fault-based and no-fault divorce. A fault-based divorce is when one person is claiming serious misconduct on the part of the other spouse, such as adultery, extreme cruelty, or long-term conviction in prison. A no-fault divorce is when neither party is claiming misconduct. In a no-fault divorce, one or both spouses just need to declare that the marriage has irrevocably broken down and that there is no chance of reconciling. A “one-year separation” is also a ground for divorce in North Dakota, meaning the couple has been living apart for at least one year. In this case, neither spouse needs to prove misconduct. In addition to these grounds, North Dakota also requires that either spouse has to have a legal residence in the state for at least six months before filing for divorce, and they must wait at least 90 days after filing for the divorce to become final.

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