Title 14 — Domestic Relations and Persons

The court may grant a temporary or permanent decree of separation for any cause for which a divorce may be decreed.

Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife.

Extreme cruelty is the infliction by one party to the marriage of grievous bodily injury or grievous mental suffering upon the other.

Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert: 1. Persistent refusal to have reasonable matrimonial intercourse as husband and wife when health or physical condition does not make such refusal reasonably necessary…

Willful neglect is the failure of either spouse to provide for the common necessaries of life for the other party, when that spouse has the ability to do so and the party alleging neglect does not have the ability, or when a spouse fails to provide by reason of idleness, profliga…

Abuse of alcohol or controlled substances is that degree of use which disqualifies the person a great portion of the time from properly attending to business or which reasonably would inflict a course of great mental anguish upon the innocent party. For purposes of this chapter, …

Willful desertion, willful neglect, or habitual intemperance must continue for one year before either is a ground for a divorce.

Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

Divorces must be denied upon showing: 1. Condonation; or 2. Limitation and lapse of time.

Repealed by S.L. 2001, ch. 149, § 13.

Repealed by S.L. 2001, ch. 149, § 13.

Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of divorce. The following requirements are necessary to condonation: 1. A knowledge on the part of the condoner of the facts constituting the cause of divorce; 2. Reconciliation and remission…

Condonation is revoked and the original cause of divorce revived: 1. When the condonee commits acts constituting a like or other cause of divorce; or 2. When the condonee is guilty of great conjugal unkindness, not amounting to a cause of divorce, but sufficiently habitual and gr…

Repealed by S.L. 1963, ch. 127, § 2.

A divorce must be denied when there is an unreasonable lapse of time before the commencement of the action. Unreasonable lapse of time is such a delay in commencing the action as establishes the presumption that there has been connivance, collusion, or condonation of the offense,…

A separation or divorce may not be granted unless the plaintiff in good faith has been a resident of the state for six months next preceding commencement of the action. If the plaintiff has not been a resident of this state for the six months preceding commencement of the action,…

In actions for divorce, the presumption of law that the domicile of the husband is the domicile of the wife does not apply. After separation, each party may have a separate domicile, depending for proof upon actual residence and not upon legal presumptions.

Repealed by S.L. 1971, ch. 150, § 1.

When a divorce is granted for the adultery of the husband, the legitimacy of children of the marriage begotten of the wife before the commencement of the action is not affected.

When a divorce is granted for the adultery of the wife, the legitimacy of children begotten of her before the commission of the adultery is not affected, but the legitimacy of other children of the wife may be determined by the court upon the evidence in the case. In every such c…

1. In an action for divorce, the court, before or after judgment, may give direction for parenting rights and responsibilities of the children of the marriage and may vacate or modify the same at any time. Any award or change of primary parental responsibilities must be made in a…

During any time in which an action for separation or divorce is pending, the court, upon application of a party, may issue an order requiring a party to pay such support as may be necessary for the support of a party and minor children of the parties and for the payment of attorn…

1. When a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties. Except as may be required by federal law for specific property, the valuation date for marital property and debt is the date mutually agreed upon between the par…

1. As used in this section: a. "Length of marriage" means from the date of the marriage until the service of a summons for an action for legal separation or divorce. b. "Material change in circumstances" means a change that substantially affects the financial abilities or needs o…

1. If real estate is described in a judgment and decree of divorce, the court may direct either of the parties or their legal counsel to prepare and submit to the court, in a form prescribed by the court, a proposed summary real estate disposition judgment. Upon approval by the c…

1. Except as provided in subsections 2 and 3, the property and debt listing of the parties to a divorce which is filed with the court or included in a judgment for divorce is a confidential record. 2. Upon providing written notice to all parties, any person may file a motion, sup…

The court may require either party to give reasonable security for providing maintenance or making any payments required under the provisions of this chapter and may enforce the same by appointment of a receiver or by any other remedy applicable to the case. When either the husba…

Any order or judgment for the support of a spouse or former spouse entered under this chapter may be enforced by any means permitted under section 459 of the Social Security Act [Pub. L. 93-647; 88 Stat. 2357; 42 U.S.C. 659] and not forbidden under title 32. Any such order or jud…

Though a judgment of divorce is denied, the court in an action for divorce may provide for the maintenance of one spouse by the other and the maintenance of any or all children.

Upon the granting of a separation, the court may include in the decree an order requiring a party to pay for spousal support and for the support of any minor children of the parties. Subject to section 14-05-24, the decree may also provide for the equitable division of the proper…

The decree of separation confers upon the parties all the rights of property, business, and contracts as if unmarried and releases both parties from all obligations of maintenance, except as may be required by the decree.

At any time after a decree for separation has been granted, the court may revoke the decree based upon any regulations or restrictions the court imposed in the decree. Application for revocation may be made by either party to the decree. The party making the application for revoc…

Husband and wife contract toward each other obligations of mutual respect, fidelity, and support.

Repealed by S.L. 1979, ch. 195, § 1.

The husband and wife have a mutual duty to support each other out of their individual property and labor.

Except as otherwise provided by section 14-07-03, neither the husband nor the wife has any interest in the property of the other, but neither can be excluded from the other's dwelling.

Any person after marriage has with respect to property, contracts, and torts the same capacity and rights and is subject to the same liabilities as before marriage, including liability to suit by the person's spouse. In all actions by or against a married person, the married pers…

Either husband or wife may enter into any engagement or transaction with the other or with other persons respecting property which either might enter into if unmarried.

A husband and wife cannot by any contract with each other alter their marital relations, except that they may agree in writing to an immediate separation and may make provision for the support of either of them and of their children during such separation. The mutual consent of t…

The separate and mutual rights and liabilities of a husband and a wife are as follows: 1. Neither the husband nor the wife as such is answerable for the acts of the other. 2. Except for necessary expenses as provided in subsection 3, the earnings of one spouse are not liable for …

No estate is allowed the husband by curtesy upon the death of his wife and no estate in dower is allotted to the wife upon the death of her husband.

The parties to a marriage are mutually liable to any person who in good faith supplied either party with articles necessary for their support. Such persons may recover the reasonable value from either party except in the cases when by law one party is not liable for the support o…

An abandoned spouse is not liable for the support of the other spouse unless there is an offer to return on the part of the abandoning spouse or the abandonment is justified by misconduct. A party is not an abandoned spouse if the other party resides elsewhere for medical or beha…

In case the husband or wife abandons the other and removes from the state and is absent therefrom for one year without providing for the maintenance and support of that person's family, or is sentenced to imprisonment either in the county jail or penitentiary for the period of on…

All contracts, sales, or encumbrances made either by the husband or the wife by virtue of the power contemplated and granted by order of the court as provided in section 14-07-12 are binding on both, and during such absence or imprisonment, the person acting under such power may …

The husband or wife affected by the proceedings contemplated in sections 14-07-12 and 14-07-13 may have the order or decree of the court set aside or annulled by affidavit of such party, setting forth fully the facts and supported by such other testimony as the court shall deem p…

1. Every parent or other person legally responsible for the care or support of a child who wholly abandons the child or willfully fails to furnish food, shelter, clothing, and medical attention reasonably necessary and sufficient to meet the child's needs is guilty of a class C f…

Every husband or wife who, without lawful excuse, deserts that person's spouse with intent wholly to abandon that spouse or who willfully fails to furnish such food, shelter, clothing, and medical attention as is reasonably necessary and sufficient to keep the life of the spouse …

Desertion or a failure to support a child or pregnant wife for a period of three months is presumptive evidence of intention wholly to abandon.

Repealed by S.L. 1975, ch. 106, § 673.