North Dakota is one of the few states in which you can still file a fault-based divorce. One such ground on which you may file a fault divorce is desertion.
North Dakota Century Code Chapter 14-05 defines desertion. It also indicates for how long desertion must continue before it becomes grounds for a fault divorce.
Desertion defined in North Dakota
In North Dakota, desertion can occur in one of several ways. Some types of desertion you may claim when filing your fault divorce are as follows:
- Your spouse’s refusal to live in the same house or dwelling as you, so long as his or her reasons have nothing to do with violent or threatening actions on your part
- Your refusal to live in the same house as your spouse so long as your reasons have to do with violent or threatening behavior on your spouse’s part
- Your spouse’s refusal to have intercourse with you, so long as his or her reasons have nothing to do with a medical condition
- Your desire to reconcile after separation but your spouse’s refusal to do so
If either of these is true, you may be able to file a fault-based divorce on the grounds of desertion.
To have a fault divorce based on the grounds of desertion, your spouse’s actions must have continued for a certain length of time. In North Dakota, desertion must continue for at least one year.
Obtaining a fault-based divorce is often challenging. If you hope to prevail, it would be in your best interests to work with a knowledgeable professional.