Divorce Law

Bismarck, North Dakota Divorce Lawyer

When people make the decision to get married, they do so with the idea that they will be married for the rest of their lives. When the marriage ends, we often end up questioning our own self-worth, having feelings of insecurity, and feeling scared about our futures. Emotions often run very high during these difficult times and can exacerbate an already volatile situation. The Bismark family law attorneys at Germolus Knoll & Leibel, LLP understand this and work to de-escalate and diffuse these difficult situations for our clients.

We try to determine ways to identify and resolve the issues that are escalating the behaviors of all parties involved. Divorce is one of the hardest things to someone can go through. It involves the separation of families and finances. When dealing with the break-up of your family, you need the assistance of a skilled North Dakota divorce lawyer who can ensure that you are treated fairly by the court system and to make sure that your rights are protected. At Germolus Knoll & Leibel, LLP, we know that a trusted divorce lawyer needs to be more than just experienced—they also need to be compassionate, committed, and reliable. That is why our qualified attorneys are dedicated to giving you and your case the personal attention you need and deserve.

Our attorneys have over 60 years of combined legal experience and strive to dissolve a marriage with cooperation between all parties involved. We understand that divorce is a lengthy and painful process. We are here to make it as uncomplicated as possible and to find effective solutions to your most difficult and complex problems. We will be with you every step of the way.

Areas of Divorce Law Handle

Even what looks to be a quick and simple divorce case can easily and quickly turn into a messy, cataclysmic legal affair. That is why the best thing you can do for yourself is to procure a skilled divorce lawyer as soon as possible. We handle all aspects of both contested and uncontested divorce, including but not limited to:

Asset & Property Division: Once a divorce is granted, the court will equitably distribute the property and debts of both spouses. Except for specific circumstances, the valuation date for the marital property will be a date mutually agreed upon by both spouses. If the spouses do not come to a mutual agreement on a valuation date, then the valuation date will be the date of service of a summons in an action for divorce or separation. The court may decide to later redistribute property and debts if either spouse has failed to disclose property and debts as required.

Child Custody & Visitation: If both spouses cannot come to a mutual agreement on child custody, then the decision will lie with the court. The court will then determine who the “primary caretaker” of the child will be. This is usually the adult who will receive physical custody of the child. Other factors are taken into consideration as well, such as the living situation of each parent, prior criminal records, proximity to schooling, etc.

Contested & Uncontested Divorce: Once a divorce is filed, two different routes can be taken towards completion of the process. The route a couple goes down is dependent on their level of collaboration. If you and your spouse come to an agreement on all the terms of the divorce, then it is considered to be an uncontested divorce; if you and your spouse cannot come to an agreement, then it is considered to be a contested divorce. In such cases, a judge will decide the terms. Although uncontested divorces are quicker and easier to resolve than contested divorces, both parties should still seek counsel from a divorce attorney in order to protect their best interests.

Domestic Abuse & Protective Orders: We know that domestic abuse is a serious matter demanding the utmost sensitivity, respect, and confidentiality. We are here to help make your life easier so you can get the peace you deserve. Even if you have already gone through criminal proceedings and lost, you can still sue your abuser for injuries in civil court. However, you should make sure you check the statute of limitations for your specific situation and take action as soon as possible. It is in your best interest to procure a competent attorney in any case regarding domestic violence. An otherwise solid case may quickly unravel without the help of a legal professional who knows the ins and outs of North Dakota law. Contact a skilled family law attorney today from Germolus Knoll & Leibel, LLP today to discuss your situation and protect your rights.

Marital Settlement Agreements: A marital settlement agreement is a document that specifies the terms of the divorce and the relationship between the two spouses after the divorce. Marital settlement agreements usually cover property division, child custody, child plans, debt division, spousal support, and any other related issues. Filing a marital settlement agreement is not required but does have its own advantages. Marital settlement agreements limit ambiguities and prove to the court that major issues were considered, which may make the case move more quickly through the system. They can be entered into at any time before the final judgment and are typically filed with the final judgment.

Name Changes: Because name change petitions are submitted to the county court, you must be a bona fide resident of the county for at least six months before filing. In addition to this, you must give at least thirty days’ notice of the name change in your county’s newspaper. You must also list the reason for the desired name change, and you may be required to submit to a statewide and nationwide criminal history record check. If a criminal history is found, the court will report the name change to the Bureau of Criminal Investigations. However, these provisions will not delay the granting of a marriage license. Minors who apply for a name change may also be assigned a guardian ad litem for the legal process.

Separation & Annulments: An annulment differs from a divorce in that it will effectively cause the court to act as though your marriage never existed. In most cases, it is difficult to actually attain an annulment. Furthermore, seeking out a legal separation is effectively requesting the court to divide your property and establish spousal and child support without a divorce.

Spousal Support: Spousal support is based on the couple’s lifestyle during their marriage and is determined by the court. Other factors are also considered, such as the spouse’s ability to continually pay support. Spousal support can later be reviewed and adjusted as the court sees fit if either party comes across a significant change in circumstances. A legal professional can help you calculate these payment amounts.

Whether you are looking for legal counsel on your next decision or already embroiled in a long and testy legal battle, we are here to help guide you through every step of the process. Our job is to ensure that all divorce settlements and orders are mutually agreeable. Call the lawyers at Germolus Knoll & Leibel, LLP to talk with a qualified and reputable lawyer about your family situation to determine the best route to take.

Components of a Divorce in Bismarck, ND

If you are looking to get a divorce in North Dakota, it is important to know what to expect. A North Dakota State District Court can grant a divorce regardless of whether or not the marriage took place in the state. However, the spouse starting the divorce must meet the residency requirement for this to take place. The other spouse must also have been a resident of North Dakota for at least six months before the District Court can grant judgment.

Any of the following factors can be considered grounds for divorce:

  • Adultery
  • Extreme cruelty
  • Willful desertion
  • Willful neglect
  • Abuse of alcohol or other controlled substances
  • Conviction of a felony
  • Irreconcilable differences.

A temporary or permanent decree of separation may also be granted for any of these reasons.

Divorce law is extremely complex and complicated. We know that, if you are considering divorce, you probably have a million questions. We can answer all of your questions and make sure that you have a clear understanding of the entire divorce process and how it affects your life. Call Germolus Knoll & Leibel, LLP today to schedule a free consultation with one of our qualified lawyers today.

Experienced North Dakota Divorce Law Attorney

It is almost always a good idea to consult with a lawyer about major life events or changes, and this is especially true if your spouse is being uncooperative or your divorce involves children, a great deal of property, or if there are other complications. An experienced attorney can help you handle all aspects of your divorce case, even if you are only seeking sound advice or mediation.

With several decades of courtroom and litigation experience, the attorneys at Germolus Knoll & Leibel, LLP have earned the respect of our peers and judges alike in our community. We will always work diligently to achieve a settlement in every case that we handle but when a settlement cannot be reached we are willing to appeal to the court for adjudication. We are comfortable and skilled in any courtroom setting.

If you would like to meet with one of our divorce lawyers to discuss the circumstances surrounding the dissolution of your marriage, call us today at 701-255-2010. We are located in Bismarck and handle family law matters in the surrounding areas in North Dakota. Contact us today to schedule a consultation with one of our capable family law attorneys.