Northeast Central Stipulated & Default Divorces

Northeast Central Judicial District

To:	Attorneys at Law of the NECJD
From:	Kathy Narlock, NECJD Administrative Assistant
Date:	December 15, 2000
Re:	Stipulated & Default Divorces

Beginning January 1, 2001, we are initiating a six-month trial period during which stipulated divorces may be submitted on affidavit and default divorces may be submitted on briefs as indicated below, unless an oral hearing is requested, in the Northeast Central Judicial District. If parties wish to avail themselves of this procedure, the following documents must also be filed in addition to the usual pleadings, such as the summons and complaint, when the matter is submitted on affidavit or brief:

Default Divorces:

Brief containing specific relief requested.
Affidavit of proof signed by plaintiff stating the jurisdictional and factual matters in the complaint, including the factual basis for the grounds of the divorce.
Child support calculation worksheet.
An abbreviated 8.3 property and debt listing.
Affidavit of default.
Affidavit of identification for domestic relations cases.
Proposed findings of fact, conclusions of law, order for judgment, and judgment, which will also incorporate by reference the child support calculations.

Stipulated Divorces:

Affidavit of proof signed by plaintiff stating the jurisdictional and factual matters in the complaint, including factual basis for the grounds of the divorce.
Stipulation signed by both the parties and their respective counsel.
Child support calculation worksheet.
An abbreviated 8.3 property and debt listing.
Affidavit of identification for domestic relations cases.
Proposed findings of fact, conclusions of law, order for judgment, and judgment, which will also incorporate by reference the child support calculations.

The Abbreviated 8.3 Property and Debt Listing shall include the same information as outlined in Appendix E of the North Dakota Rules of Court with the exception of household goods, which need not be itemized, but rather a total value for those items must be stated.

Upon the filing of the pleadings and required documentation as outlined above, the Clerk of District Court's office will then forward the file to the Court Administration office. The Court Administration office will then assign a judge to the case, if one has not already been assigned, and forward the file to the assigned judge for their consideration. Be advised, however, that the assigned judge may still request personal appearance(s) if the stipulation presented or relief sought by default does not appear fair and equitable in light of the matters presented for such consideration.

If you have any questions, please call Lisa, Pixie, or Kathy at 795-3824. Thank you.

xc: Northeast Central Judicial District Judges and Referees
District Court Administration Staff
Clerk of District Court Offices for the Northeast Central Judicial District