Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In North Dakota, individuals contemplating the end of their marriage have several options to consider. Divorce legally dissolves a marriage and is available when irreconcilable differences are present. Before filing for divorce, North Dakota law requires a couple to live apart for 180 days or to seek marriage counseling. Legal separation is recognized in North Dakota and allows couples to live apart without formally ending the marriage, which can be beneficial for financial reasons such as tax or insurance purposes. Annulment is another option but is only available under specific circumstances, such as fraud, force, or if one party was underage or mentally incapacitated at the time of marriage. Living apart without any formal legal action is also possible, but it may have implications for property division, custody, and support obligations if the separation leads to divorce later on. Each of these alternatives has different legal and financial consequences, and consulting with an attorney can help individuals understand their rights and obligations under North Dakota law.