Is a separation agreement legally recognized in North Dakota?
You can file for a separation in North Dakota on the same grounds as for divorce if you meet the residency requirements. A separation decree can outline the provisions for custody and support of the children, alimony, and division of the marital estate. Once a separation is granted, a couple is still legally married but their rights and liabilities regarding the other spouse's property, business, and contracts ceases (except as detailed in the separation decree).
A decree of separation may be revoked if either party asks for it and if the other party is properly served. If the court determines that reconciliation of the couple is improbable, the court may revoke the separation decree and render a divorce decree.
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