Getting Started
in Family Law
IN NORTH DAKOTA
Me
 Greg
Liebl
 Concordia College
 University of North Dakota School of Law
 Severson, Wogsland & Liebl in Fargo,
North Dakota
Overview
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In the Beginning
Pleadings
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Typical Cases
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Summons and Complaint
Motion practice
Divorce
Residential responsibility/parenting time
Contempt
Child support
In the End
In the beginning
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Cold Calls
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Theories:
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The “don’t waste your time” approach
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The “it is an opportunity to market” approach
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Tell them how much you know
Get more accurate information
The Initial Consultation
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Sell time
Don’t spend time on people you may not represent
Research what you are going to talk about
Jump in!
Retainer Agreement
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Appendix page 1.
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Limit representation (where possible)
Withdrawal
Fees
Interest
Pleadings –Summons and Complaint
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Initiating the Law Suit
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Divorce
Paternity/Custody
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Summons
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Beware of the child support order
Appendix page 5.
Starts action
Gives opposing parties 21 days to Answer
Restraining provisions unique to family law
Complaint
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Appendix page 7.
Short and plain statement
Allegations/requests for relief
Answer and Counterclaim
Service
 Publication
–in certain circumstances
 Admission of service
 Process server
 Sheriff
Pleadings -Motion Practice
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Rule 8.2 –Sometimes you just can’t wait…
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Noticed Motions
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Topics to be decided:
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Support
Parenting responsibilities
Attorneys fees
Use of property
Examples –Appendix page 17.
Things to note within the rule –Appendix page 12.
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Timing of filings
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21 days for movant
14 days for response if new issues
7 days for response if no new issues
Hearing in 30 days
Submit affidavit and financial statement
Motion Practice continued…
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Rule 8.2 --Sometimes you just can’t wait…
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Ex parte
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Don’t serve Summons and Complaint yet…
Standard
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Exceptional circumstances:
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Examples:
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(A) threat of imminent danger to any party or minor child of the party;
or
(B) circumstances indicating that an ex parte interim order is necessary
to protect the parties, any minor children of the parties, or the marital
estate.
Endangering child
Wasting assets
Order –Appendix page 15.
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Include provision required by rule!
Motion Practice continued…
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Rule 3.2 --“Rule 3.2? I don’t know anything about no stinkin
Rule 3.2!”
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Use:
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Sometimes while a case is pending
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Mostly post judgment
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Rules:
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Motions to modify
Rule 3.2 –Appendix page 20.
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Discovery
Timing
Briefs
Interplay with N.D.R.Civ.P. 6 –Appendix page 21.
Examples
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Appendix page 23 and 25.
Typical Cases
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Divorce (1 in 2 marriages)
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Property distribution
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Start at equal, explain any deviation
Ruff-Fischer guidelines
Spousal support
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Ruff-Fischer guidelines
Needs and abilities to pay
Rehabilitative v. permanent
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Independent economic status
Attorneys Fees
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N.D.C.C. § 14-05-23
N.D.C.C. § 28-26-01 (more for motions…)
Typical Cases continued…
 Residential
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Responsibility
Terminology
 Residential
responsibility = custody
 Parenting time = visitation
 Legal custody = decision making
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Doesn’t mean anything unless defined
Typical Cases continued…
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Residential Responsibility (by Summons and Complaint)
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Best Interest Factors -N.D.C.C. § 14-09-06.2
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Appendix page 27.
When can a child choose?
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Testify –Reinke (intelligence, understanding and experience)
What a court will look at (maturity and reasoning)
Still only one of 13 factors and court can give it its appropriate
weight
Parenting Investigators
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Rule of Court 8.6
Neutral third party –lead to settlement
Letter sent to clients when one assigned
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Appendix page 29.
Parental alienation
Random visits
CYA
Typical Cases continued…
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Modification of Residential Responsibility
(Motion –post 2 years)
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N.D.C.C. § 14-09-06.6
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Appendix page 32.
Two main things to take away:
Prove “prima facie” case to get hearing
 Two years after judgment entered:
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Material change in circumstances
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Something not known at the time the judgment entered
Best interests of the child
Typical Cases continued…
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Modification of Residential Responsibility (Motion –
within 2 years)
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N.D.C.C. § 14-09-06.6
Moratorium within first 2 years
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Stability
Prevent bandying
Still need to prove: “prima facie”
But, within 2 years of previous judgment need to
prove:
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Interference with parenting time
Circumstances endangering child
Actual residential responsibility has been changed for
over 6 months
Typical Cases continued…
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Parenting Time Disputes
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Obtaining parenting time
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N.D.C.C. § 14-05-22(2)
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Beneficial for child
Not harmful to the child
What is “normal”?
Motions to modify time with child
Material change in circumstances
 Best interests of the child
 Arguments depend on whether you want to
increase or decrease time…
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Typical Cases continued…
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Parenting Time Disputes
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Moves out-of-state
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Stout-Hawkinson Factors:
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The prospective advantages of the move in
improving the custodial parent's and child's quality
of life,
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Testify but verify
The integrity of the custodial parent's motive for
relocation, considering whether it is to defeat or
deter visitation by the noncustodial parent,
The integrity of the noncustodial parent's motives for
opposing the move, and
The potential negative impact on the relationship...
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Less frequent, but greater duration
Typical Cases continued…
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Contempt
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Recognition of the case
27-10
Definition: “contempt of court” means:
 a. Intentional misconduct in the presence of the court which interferes with the court
proceeding or with the administration of justice, or which impairs the respect due the court;
 b. Intentional nonpayment of a sum of money ordered by the court to be paid in a case
when by law execution cannot be awarded for the collection of the sum;
 c. Intentional disobedience, resistance, or obstruction of the authority, process, or order of a
court or other officer, including a referee or magistrate;
 d. Intentional refusal of a witness to appear for examination, to be sworn or to affirm, or to
testify after being ordered to do so by the court;
 e. Intentional refusal to produce a record, document, or other object after being ordered to
do so by the court;
 f. Intentional behavior in derogation of any provision of a summons issued pursuant to rule
8.4 of the North Dakota Rules of Court; or
 g. Any other act or omission specified in the court rules or by law as a ground
for contempt of court.
Sanctions
 Attorney’s fees
 Jail
 Penalty for each day the contempt continues
Typical Cases continued…
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Child Support
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Setting it
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Forms http://www.nd.gov/dhs/services/childsupport/progser
v/guidelines/guidelines.html
Programs
Modification
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N.D.C.C. § 14-09-08.4
Within 1 year = material change in circumstances
Post 1 year = a change that results in a different
obligation
36 months CSEU
In The End
 Closing
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the File
Letter disengaging representation
Provision in stipulation/judgment
 Retention
Policy
 Destruction Policy
Contact Information
 Greg
Liebl
 4840 Amber Valley Pkwy. Ste. B
Fargo, ND 58104
 701-297-2890
 [email protected]
 Call
or email me with any questions!