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Do we have to separate before filing for divorce?

On Behalf of | Sep 17, 2024 | Divorce

Ending a marriage is never easy. It can feel overwhelming, especially when anticipating unfamiliar processes. If you and your spouse are considering divorce, it can be natural to wonder if separation is a necessary precursor.

What is separation?

Separation involves living apart from your spouse while remaining legally married. Couples may choose to separate for various reasons, including attempting to reconcile differences or to prepare for divorce. In some states, separation is a legal requirement before one can file for divorce. However, the rules vary by location.

Separation in North Dakota

In North Dakota, the law does not mandate a period of separation before filing for divorce. Couples can file for divorce without living apart first. This means you can proceed with the divorce process regardless if you and your spouse still reside in the same household.

What are the next steps?

While separation is not a prerequisite for filing for divorce, it’s essential to understand that divorce can be challenging. The process involves several steps, including:

  • Filing a summons and complaint: The divorce process begins when one spouse files these documents with the court.
  • Serving the documents: The filing spouse must ensure the other party receives these documents, either through personal service or other approved methods.
  • Response from the other spouse: The served spouse has 20 days to respond to the complaint.
  • Negotiation and settlement: Couples often work out agreements on property division, spousal support and child-related matters during this phase.
  • Court hearing: If agreements are reached, a final hearing is scheduled. If not, the case may proceed to trial.

To file for divorce in North Dakota, at least one spouse must have been a resident of the state for six months preceding the filing. This requirement ensures that the state has jurisdiction over the case.

Moving forward

Separation can also provide an opportunity to reflect on your relationship and identify areas of disagreement. Keep in mind that each situation can be unique. For personalized guidance tailored to your circumstances, consulting a legal professional may help you ensure a smoother transition through a challenging process.