English
EspañolBelow you will find basic information about divorce in the Northern Mariana Islands.
- How long do I have to live in the Northern Mariana Islands before I can file for divorce? (What are the residency requirements?)
- What are the reasons (grounds) for getting a divorce in the CNMI?
- Can I get spousal support?
- What are the basic steps to file for divorce?
- Where can I find additional information about divorce?
How long do I have to live in the Northern Mariana Islands before I can file for divorce? (What are the residency requirements?)
The rules about how long you or your spouse must live in the Commonwealth of the Northern Mariana Islands (CNMI) before filing for a divorce are called “residency requirements.” There is one set of rules if you and your spouse both want to get divorced. There is a different set of rules if your spouse does not want to get divorced.
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Note: Only one spouse must meet the residency requirement rules explained in the chart above. If you qualify, CNMI divorce laws will apply no matter where your spouse lives.
1 8 CMC § 1332(b)
2 8 CMC § 1332(a)
What are the reasons (grounds) for getting a divorce in the CNMI?
The legal reasons for getting a divorce are called the “grounds” for the divorce. There are nine possible legal reasons for getting a divorce in the CNMI. You can only get a divorce for one or more of these reasons:
- Adultery - Your spouse willingly had sex with someone else.
- Cruel treatment or neglect - Your spouse treated you cruelly or neglected you so much that you couldn’t live with him/her anymore. Note: The cruel treatment could be physical abuse, but it doesn’t have to be.
- Willful desertion - Your spouse left you without plans to return (deserted you) for at least one year.
- Alcohol or drug use (“habitual intemperance”) - Your spouse often (habitually) used alcohol or drugs to get drunk or high for at least one year.
- Prison sentence - Your spouse was sentenced to prison for three years or more.
- Insanity - Your spouse is insane and has been for at least three years.
- Living apart - You and your spouse lived apart for at least two years.
- Disagreements you can’t resolve (“irreconcilable differences”) - Your marriage has broken down so much that you and your spouse disagree about important things and can’t resolve your disagreements. Note: The legal term for this is “irreconcilable differences.”
- Lack of financial support- Your husband didn’t financially support you even though he could have or he didn’t financially support you because he is lazy (idleness), he has low moral standards and behavior (profligacy), or he wasted marital money (dissipation). Note: This ground only applies to husbands who do not support their wives, not vice versa.1
1 8 CMC § 1331
Can I get spousal support?
Spousal support is money one spouse pays to help support the other spouse during or after a divorce. It is sometimes also called “alimony.” You can ask for spousal support if you need help with money and you believe your spouse can provide it to you. The judge will decide if the support payments would be in the “best interests” of both you and your spouse. The judge can give you temporary spousal support while the case is going on, permanent spousal support that would continue after the divorce, or both. You or your spouse can ask the judge to change the support payments at any time.1
1 8 CMC § 1311
What are the basic steps to file for divorce?
Divorce laws vary by state, but here are the basic steps:
- You or your spouse must live in the state or territory for enough time to meet the residency requirements.
- You must have “grounds,” a legally acceptable reason, to end your marriage.
- You must file divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court - By Yourself section. (Note: If your spouse is in a foreign country, you will want to consult with a lawyer about the laws for international service.)
- Your spouse can disagree or agree with your divorce papers.
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- You will have to deal with the issues of marital property, finances, and children. As part of the divorce, the court will:
- divide up property, money, or debt from your marriage;
- decide whether either spouse gets spousal support during or after the divorce; and
- make an arrangement for child custody and child support for any children you have together.
If possible, you and your spouse can resolve these issues by agreeing to an out-of-court settlement. This type of agreement is usually made with the help of lawyers. If you can’t agree, or if it’s unsafe for you to deal with your spouse directly to discuss these issues, the judge will decide after a series of court hearings.
Where can I find additional information about divorce?
The Northern Mariana Islands Judiciary website has the court forms that you may need if you wish to get a divorce.
You will find more information about divorce on our general Divorce page, including the risks of taking your children to a new state or territory while a divorce is pending.
To watch brief videos about divorce in Spanish with English subtitles, go to our Videos page.
Learn more about what happens in court on our Preparing for Court – By Yourself page.
