North Dakota divorce law governs how marriages end in the Peace Garden State, establishing the legal requirements, procedures, and standards courts apply when dissolving marriages. Whether you're considering filing for divorce or responding to divorce papers, this comprehensive guide explains the essential elements of family law governing divorce in North Dakota.
How North Dakota District Courts Grant a Divorce
A North Dakota State District Court may grant a divorce even if the spouses weren't married in North Dakota. Divorce is a judgment of a court that ends the marriage, and understanding the legal framework helps you navigate the divorce process effectively.
Grounds for Divorce in North Dakota
North Dakota recognizes both no-fault and fault-based grounds for divorce, though the vast majority of divorces proceed on no-fault grounds.
No-Fault Divorce: Irreconcilable Differences
North Dakota is a "no-fault" divorce state. The grounds for a no-fault divorce are irreconcilable differences, substantial reasons for not continuing the marriage, which make it appear the marriage should be dissolved.
The court determines whether there are good reasons for not continuing the marriage. The plaintiff doesn't need to provethat anyone did anything wrong to cause the divorce. They only need to claim that the spouses have irreconcilable differences.
To grant a no-fault divorce, the judge needs only to find that irreconcilable differences exist. This can include:
- Inability of spouses to communicate effectively
- Incompatible beliefs or values
- Loss of physical or emotional intimacy
- Financial disputes or disagreements
- Substantial conflicts over parenting matters
- Loss of trust in the relationship
Important Note: Even if your spouse believes the marital issues can be resolved, if you do not, you can still obtain a no-fault divorce in North Dakota. One spouse doesn't need the other's consent to divorce.
Fault-Based Divorce Grounds
While fault-based divorces are extremely uncommon and complicated, North Dakota law recognizes seven fault grounds for divorce:
1. Adultery: Voluntary sexual intercourse with a person other than one's spouse. The spouse filing must prove the infidelity through evidence or witness testimony.
2. Extreme Cruelty: One spouse causes serious bodily injury or mental suffering to the other. The most common example is domestic violence, but extreme mental cruelty also qualifies when properly proved.
3. Willful Desertion: The voluntary separation of one spouse with intention to desert, including:
- Refusal to have intercourse for one year (unless medical condition makes refusal necessary)
- Refusal to live in the same house for one year (unless the refusal is due to violence or threats)
- Agreement to separate followed by one spouse wanting to reconcile while the other refuses
4. Willful Neglect: When one spouse refuses to provide common life necessities despite having the ability to do so.
5. Abuse of Alcohol or Controlled Substances: The use must be severe enough that it affects business or causes great mental suffering for the innocent spouse.
6. Conviction of a Felony: The spouse must be imprisoned in a state or federal prison at the time of filing for divorce.
7. Insanity: Certain insanity-related grounds exist but are rarely used.
Why Most Choose No-Fault Divorce
No-fault grounds are typically the easiest way to get a divorce because they:
- Eliminate the need to make accusations or prove marital misconduct
- Reduce conflict at the outset of the divorce process
- Speed up the divorce timeline
- Lower costs by avoiding extensive evidence gathering
- Set the stage for cooperation on other issues
The ND Legal Self Help Center doesn't have forms or guides for fault divorces due to their complexity.
Residency Requirements for Filing for Divorce
Before a North Dakota State District Court can grant a divorce, residency requirements must be met.
The spouse starting the divorce (the plaintiff or petitioner) must meet one of these requirements:
- Be a resident of North Dakota at least six months before starting the divorce, OR
- Be a resident of North Dakota for six months immediately before the District Court grants the judgment of divorce
Example: If you move to North Dakota on January 1st, you can file for divorce on April 1st, but the court cannot issue your final divorce decree until at least July 1st (six months after establishing residency).
Unlike most states, North Dakota doesn't have a mandatory waiting period between filing and finalizing divorce once residency requirements are met.
Types of Divorce: Contested vs. Uncontested
There are two primary ways to get a divorce in North Dakota, determined by whether spouses agree on all issues.
Uncontested Divorce (File Complete Agreement Together)
If both spouses agree in writing on absolutely everything in their divorce, they complete all necessary settlement agreement paperwork together. After completing all paperwork, they file it with the court.
Process for Uncontested Divorce:
- Both spouses prepare settlement agreement covering all issues
- Complete required court forms together
- File documents with the district court
- If properly filed, divorce is generally granted quickly without hearing
Contested Divorce (One Spouse Starts the Divorce Process)
If spouses can't agree on everything, or if one spouse can't be located, one spouse may start the divorce process independently.
The Contested Divorce Process:
Step 1: The plaintiff spouse completes the summons, complaint, and confidential information form.
Step 2: The plaintiff arranges to serve copies of the summons and complaint on the defendant spouse. In North Dakota, serving the summons and complaint starts the divorce, filing doesn't start it.
Step 3: The defendant has 21 days after service to answer in writing. If they don't answer, the plaintiff may request a default divorce judgment.
Step 4: If the defendant answers, both spouses engage in discovery and attempt settlement. Within 30 days of serving divorce papers, both spouses and their attorneys meet to prepare a joint informational statement and property and debt listing.
Step 5: If settlement isn't reached, the case proceeds to trial where the judge decides unresolved issues.
Step 6: After trial or settlement, the court issues the final divorce judgment.
Common Issues in Divorce Cases
North Dakota divorce law requires courts to address several key issues when dissolving marriages.
Property Division
North Dakota is an equitable distribution state, meaning courts divide marital property fairly rather than equally. The court makes equitable distribution of property and debts upon granting a divorce.
What Gets Divided: North Dakota courts must consider all property owned by either spouse when dividing the marital estate, regardless of when acquired. This includes:
- Real estate and personal property
- Bank accounts and investments
- Retirement accounts and pensions
- Business interests
- Debts and liabilities
In long-term marriages (typically 10+ years), courts generally presume an equal 50/50 division as the starting point, then adjust based on the Ruff-Fischer factors.
Child Custody (Residential Responsibility)
North Dakota law changed traditional terminology: "custody" is now "residential responsibility" and "visitation" is now "parenting time."
If spouses can't agree on custody, the court decides based on the child's best interests. Courts rarely grant full legal custody to one parent, parents usually share joint legal custody. However, one parent is typically appointed the custodial parent with primary residential responsibility.
Child Support
If your divorce includes minor or dependent children, you're required to calculate child support. You must calculate child support even if you and your spouse have agreements about support.
Courts use the North Dakota child support guidelines to determine appropriate support amounts based on:
- Number of children
- Income of both parents
- Healthcare costs
- Childcare expenses
- Parenting time arrangements
The judge decides whether to approve your agreement or deviate from standard calculations based on the children's best interests.
Spousal Support (Alimony)
North Dakota calls alimony "spousal support." Unlike child support, there's no specific formula for calculating spousal support amounts or duration.
Factors Courts Consider:
- Standard of living during the marriage
- Financial need of the receiving party
- Financial standing of the paying party
- Length of marriage
- Earning ability of each spouse
- Age and health of each spouse
- Contributions to the marriage (including homemaking)
Spousal support doesn't last forever, courts can terminate support if the receiving spouse remarries, cohabits with a new partner, or either party dies.
Restraining Provisions During Divorce
Once divorce papers are served, both spouses must follow certain rules:
- Neither spouse can sell or dispose of property unless permitted by the court
- Neither spouse may harass the other
- All insurance coverages must be maintained without change
- Both spouses must share employment, pay, tax return, and pension information
Dividing Retirement Accounts and Pensions
If your final divorce judgment divides an individual pension or retirement plan, a separate court order called a Qualified Domestic Relations Order (QDRO) is required.
Important QDRO Information:
- The court won't draft a QDRO for you
- Dividing plans incorrectly can have serious tax consequences
- Contact plan administrators early in the divorce process
- Some plan administrators provide sample QDRO documents
- Consult a lawyer even when using administrator samples
If neither spouse has pensions or retirement plans, or if spouses keep their own plans, you don't need a QDRO.
Effect of Divorce Judgment on Creditor Obligations
A court's distribution of marital debt doesn't change either spouse's obligation to pay creditors. If the divorce court orders one spouse to pay a specific debt and that spouse doesn't pay, the creditor may sue either or both spouses for nonpayment.
This creates potential problems when one spouse is ordered to pay joint debts but fails to do so, the other spouse remains liable to creditors despite the court order.
No-Fault Doesn't Mean No Conflict
It's important to understand that "no-fault" divorce doesn't mean "uncontested" or "conflict-free." Even when both spouses agree on grounds of irreconcilable differences, the divorce can still be highly contested if they disagree on:
- Property division
- Spousal support amounts and duration
- Child custody arrangements
- Child support beyond guideline amounts
Additionally, fault can still influence outcomes in no-fault divorces. If one spouse's adultery or financial misconduct adversely impacted the marital estate, the innocent spouse may argue for a larger share of property or greater alimony. Fault can also demonstrate patterns of behavior affecting child custody decisions.
Do You Need a Lawyer?
While you're not required to have a lawyer to get divorced in North Dakota, legal representation is almost always beneficial, particularly when:
- Property division involves complex assets
- Retirement accounts or pensions must be divided
- Child custody is contested
- Spousal support is requested
- One spouse has significantly more financial resources
- Domestic violence or abuse is present
The North Dakota Legal Self Help Center provides forms for common situations, but forms aren't available for every circumstance. If provided forms don't suit your situation, you'll need to create your own legal documents or retain a lawyer.
Getting Started with Your Divorce
North Dakota divorce law provides clear procedures for ending marriages while protecting the interests of both spouses and any children. Whether proceeding with an uncontested divorce based on irreconcilable differences or navigating a contested divorce involving property division, custody, and support issues, understanding the legal requirements helps you make informed decisions.
The district court system, family law attorneys, and legal resources available through the North Dakota courts provide support throughout the divorce process. From filing initial paperwork through obtaining your final divorce judgment, following proper procedures ensures your divorce proceeds smoothly and results in a court order that protects your rights and establishes clear terms for your post-divorce life.