14-05 Divorce
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<![CDATA[CHAPTER 14-05DIVORCE14-05-01. Marriage - How dissolved. Marriage is dissolved only:1.By the death of one of the parties; or2.By a judgment of a court of competent jurisdiction decreeing a divorce of the parties.14-05-02. Effect of divorce. The effect of a judgment decreeing a divorce is to restorethe parties to the state of unmarried persons, but neither party to a divorce may marry except in<br>accordance with the decree of the court granting the divorce. It is the duty of the court granting a<br>divorce to specify in the order for judgment whether either or both of the parties shall be<br>permitted to marry, and if so, when. The court shall have jurisdiction to modify the decree of<br>divorce at any time so as to permit one or both of the parties to marry, if the court deems it right.14-05-02.1. Decree to include social security numbers. Each decree of divorce mustinclude the social security numbers of the parties to the divorce.14-05-03.Causes for divorce.Divorces may be granted for any of the followingcauses:1.Adultery.2.Extreme cruelty.3.Willful desertion.4.Willful neglect.5.Abuse of alcohol or controlled substances.6.Conviction of felony.7.Irreconcilable differences.14-05-03.1. Grounds for separation. The court may grant a temporary or permanentdecree of separation for any cause for which a divorce may be decreed.14-05-04. Adultery defined. Adultery is the voluntary sexual intercourse of a marriedperson with a person other than the offender's husband or wife.14-05-05. Extreme cruelty defined. Extreme cruelty is the infliction by one party to themarriage of grievous bodily injury or grievous mental suffering upon the other.14-05-06. Desertion defined. Willful desertion is the voluntary separation of one of themarried parties from the other with intent to desert:1.Persistent refusal to have reasonable matrimonial intercourse as husband and wife<br>when health or physical condition does not make such refusal reasonably<br>necessary, or the refusal of either party to dwell in the same house with the other<br>party when there is no just cause for such refusal, is desertion.2.When one party is induced by the stratagem or fraud of the other party to leave the<br>family dwelling place or to be absent, and during such absence the offending party<br>departs with intent to desert the other, it is desertion by the party committing the<br>stratagem or fraud and not by the other.Page No. 13.Departure or absence of one party from the family dwelling place caused by cruelty<br>or by threats of bodily harm from which danger reasonably would be apprehended<br>from the other is not desertion by the absent party, but it is desertion by the other<br>party.4.Separation by consent, with or without the understanding that one of the parties will<br>apply for a divorce, is not desertion.5.Absence or separation, proper in itself, becomes desertion whenever the intent to<br>desert is fixed during such absence or separation.6.Consent to a separation is a revocable act, and if one of the parties afterwards in<br>good faith seeks a reconciliation and restoration but the other refuses it, such refusal<br>is desertion.7.If one party deserts the other and before the expiration of the statutory period<br>required to make the desertion a cause of divorce returns and offers in good faith to<br>fulfill the marriage contract and solicits condonation, the desertion is cured. If the<br>other party refuses such offer and condonation, the refusal must be deemed and<br>treated as desertion by such party from the time of the refusal.14-05-07.Willful neglect defined.Willful neglect is the failure of either spouse toprovide for the common necessaries of life for the other party, when that spouse has the ability to<br>do so and the party alleging neglect does not have the ability, or when a spouse fails to provide<br>by reason of idleness, profligacy, or dissipation.14-05-08. Abuse of alcohol or controlled substances defined. Abuse of alcohol orcontrolled substances is that degree of use which disqualifies the person a great portion of the<br>time from properly attending to business or which reasonably would inflict a course of great<br>mental anguish upon the innocent party. For purposes of this chapter, "controlled substance"<br>means a substance as defined in section 19-03.1-01.14-05-08.1.Recognition of foreign decree of divorce and foreign annulment ofmarriage.A decree of divorce or of annulment of marriage obtained in a court of anotherjurisdiction is of no force or effect in this state, if the parties to the marriage were domiciled in this<br>state at the time such decree was rendered.If a person obtains a decree of divorce or of annulment of marriage from a court ofanother jurisdiction and was domiciled in this state within less than twelve months prior to<br>obtaining the decree and resumes residence in this state within six months after obtaining the<br>decree, it is prima facie evidence that such person did not abandon the person's domicile in this<br>state prior to obtaining the decree.The provisions of this section do not apply to any divorce or annulment of marriageobtained in proceedings begun prior to the passage of this section.14-05-09.Desertion, neglect, intemperance - Duration.Willful desertion, willfulneglect, or habitual intemperance must continue for one year before either is a ground for a<br>divorce.14-05-09.1. Irreconcilable differences defined. Irreconcilable differences are thosegrounds which are determined by the court to be substantial reasons for not continuing the<br>marriage and which make it appear that the marriage should be dissolved.14-05-10. Denial of divorce. Divorces must be denied upon showing:1.Condonation; or2.Limitation and lapse of time.Page No. 214-05-11. Connivance defined. Repealed by S.L. 2001, ch. 149, </p>
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