This bill amends various sections of the North Dakota Century Code to modernize and make more inclusive the legal definitions and language surrounding marriage and marital relationships. Key changes include the replacement of gender-specific terms such as "husband" and "wife" with the more inclusive terms "individuals" or "spouses." The definition of marriage is revised to indicate that it is a personal relationship arising from a civil contract between "two individuals," and the term "spouse" is defined to encompass any individuals married to each other. The bill also clarifies the use of necessary force for the protection of oneself or one's spouse and establishes that the presumption of domicile in divorce actions does not apply to the traditional husband-wife relationship.
Furthermore, the bill addresses legal rights and obligations within marriage, ensuring equal standing for both spouses in matters such as property rights, support obligations, and contract execution. It specifies that neither spouse has an interest in the other's property but cannot be excluded from each other's dwelling. The adoption process is also updated to include "two married individuals" rather than just a husband and wife, and the legal status of children born to gestational carriers is clarified. Overall, the bill aims to create a more equitable and modern legal framework for marriage in North Dakota, reflecting contemporary understandings of marital relationships.
Statutes affected: INTRODUCED: 12.1-23-09, 14-02-07, 14-03-01, 14-03-08, 14-05-06, 14-05-18, 14-07-01, 14-07-03, 14-07-04, 14-07-06, 14-07-07, 14-07-08, 14-07-12, 14-07-13, 14-07-14, 14-12.2-28, 14-14.1-30, 14-15-03, 14-15-20, 14-18-05, 14-18-08, 20.1-03-06, 30.1-10-02, 30.1-10-04, 35-01-04, 47-18-04, 47-18-05, 47-18-14, 50-25.1-10, 54-52.4-02, 57-38-31, 57-40.3-04, 57-40.3-07, 57-40.5-03