North Dakota Sex Laws

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Last update:   9/7/2014

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14 Domestic Relations and Persons

14-03 Marriage Contract

CHAPTER 14-03

MARRIAGE CONTRACT

14-03-01. What constitutes marriage - Spouse defined.

Marriage is a personal relation arising out of a civil contract between one man and one

woman to which the consent of the parties is essential. The marriage relation may be entered

into, maintained, annulled, or dissolved only as provided by law. A spouse refers only to a

person of the opposite sex who is a husband or a wife.

North Dakota Constitution Article XI. General provisions.

Art. XI - Section Section 28. Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

North Dakota Century Code - Title 14 Domestic Relations and Persons

Section 14-03-01. What constitutes marriage - Spouse defined. Marriage is a personal relation arising out of a civil contract between one man and one woman to which the consent of the parties is essential. The marriage relation may be entered into, maintained, annulled, or dissolved only as provided by law. A spouse refers only to a person of the opposite sex who is a husband or a wife.

Section 14-03-08. Foreign marriages recognized - Exception. Except when residents of this state contract a marriage in another state which is prohibited under the laws of this state, all marriages contracted outside this state, which are valid according to the laws of the state or country where contracted, are valid in this state. This section applies only to a marriage contracted in another state or country which is between one man and one woman as husband and wife.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

14-05 Divorce

14-05-02. Effect of divorce.

The effect of a judgment decreeing a divorce is to restore the parties to the state of

unmarried persons, but neither party to a divorce may marry except in accordance with the

decree of the court granting the divorce. It is the duty of the court granting a divorce to specify in

the order for judgment whether either or both of the parties shall be permitted to marry, and if

so, when. The court shall have jurisdiction to modify the decree of divorce at any time so as to

permit one or both of the parties to marry, if the court deems it right.

14-05-03. Causes for divorce.

Divorces may be granted for any of the following causes:

1. Adultery.

2. Extreme cruelty.

3. Willful desertion.

4. Willful neglect.

5. Abuse of alcohol or controlled substances.

6. Conviction of felony.

7. Irreconcilable differences.

14-05-04. Adultery defined.

Adultery is the voluntary sexual intercourse of a married person with a person other than the

offender's husband or wife.

Chapter 12 Criminal Code

12.1-20 Sex Offenses

12.1-20-09. Adultery.

1. A married person is guilty of a class A misdemeanor if he or she engages in a sexual

act with another person who is not his or her spouse.

2. No prosecution shall be instituted under this section except on the complaint of the

spouse of the alleged offender, and the prosecution shall not be commenced later than

one year from commission of the offense.

3. The court shall grant immunity from prosecution under this section to a person subject

to prosecution under this section who, as part of a divorce, annulment, or separation

proceeding, provides information regarding sexual acts with another person.

12.1-20-10. Unlawful cohabitation.

Repealed by S.L. 2007, ch. 131, § 4.