North Dakota law provides multiple legal grounds for divorce, allowing couples to end their marriages through either no-fault or fault-based proceedings. The grounds for divorce in North Dakota determine how the divorce process unfolds and what evidence courts require before they can grant a divorce.
No-Fault Divorce
North Dakota is a no-fault divorce state, meaning spouses can end their marriage without proving that either party did anything wrong. The no-fault ground for divorce is irreconcilable differences.
What Are Irreconcilable Differences?
Irreconcilable differences are substantial reasons for not continuing the marriage that make it appear the marriage should be dissolved. When filing for divorce based on irreconcilable differences, you don't need to prove anyone did anything wrong to cause the divorce. You only need to claim that you and your spouse have irreconcilable differences.
To grant a no-fault divorce, the judge needs only to find that irreconcilable differences exist, that the marriage is irretrievably broken beyond repair. This ground keeps the focus on practical divorce issues like property division, spousal support, and parenting arrangements rather than assigning blame.
Why Most Couples Choose No-Fault Divorce
No-fault divorce offers several advantages that make it the most common choice for divorcing couples in North Dakota:
- Reduced conflict: No-fault proceedings avoid the acrimony of proving wrongdoing
- Lower costs: Less evidence gathering and fewer court hearings reduce legal expenses
- Faster resolution: Without the need to prove fault, cases typically move through the court system more quickly
- Privacy: No-fault divorce keeps personal matters private rather than airing grievances in public court proceedings
- Focus on settlement: Energy goes toward resolving practical issues rather than assigning blame
Fault-Based Grounds for Divorce
While most divorces in North Dakota proceed on no-fault grounds, the law recognizes seven fault-based grounds for divorce. Fault-based divorces require the plaintiff to prove that the defendant's actions caused the marriage breakdown.
The Seven Grounds for Divorce in North Dakota
Here are the main seven grounds for divorce in North Dakota:
1. Adultery
Adultery is the unfaithfulness of one spouse to the other. When adultery is the ground for divorce, the spouse filing must prove the infidelity to the court through evidence or witness testimony. Examples of proof might include testimony from witnesses, communications between the adulterous spouse and their paramour, or DNA evidence in paternity cases.
2. Extreme Cruelty
Extreme cruelty involves one spouse causing serious bodily injury or mental suffering to the other. This ground must be proved through evidence or witness testimony. The most common example is domestic violence, but extreme cruelty doesn't have to be only physical, extreme mental cruelty with proper evidence and testimony also satisfies this ground.
3. Willful Desertion
Desertion occurs when one spouse abandons the other. North Dakota law considers any of these situations as desertion:
- Refusal to have intercourse for one year, unless a medical condition makes refusal necessary
- Refusal to live in the same house as one's spouse for one year, as long as the refusal isn't because the spouse is violent or threatening violence
- One spouse agrees to separate, then wants to reconcile while the other refuses
Courts usually request evidence that desertion has persisted for at least a year before granting divorce on this ground.
4. Willful Neglect
Willful neglect means one spouse refuses to provide common life necessities for the other spouse and family. This ground typically requires showing that the neglectful behavior has continued for an extended period. Evidence and witness testimony demonstrating the pattern of neglect are necessary to prove this ground.
5. Abuse of Alcohol or Controlled Substances
Habitual substance abuse, whether alcohol or drugs, can serve as grounds for divorce when the use is severe enough that it affects business or causes great mental suffering for the innocent spouse. This ground typically requires proof through evidence and witness testimony showing the abuse has persisted over time and negatively affected the spouse and, if applicable, children.
6. Conviction of a Felony
If one spouse has been convicted of a felony and is imprisoned in a state or federal prison at the time of filing for divorce, this conviction serves as valid grounds for divorce. The spouse must be in prison when the divorce petition is filed for this ground to apply.
7. Insanity
North Dakota law includes insanity-related grounds for divorce, though these are rarely used and involve complex legal and medical requirements.
Contested vs. Uncontested Divorce
The type of divorce you pursue, contested or uncontested, affects how the divorce process unfolds and how long it takes to reach resolution.
Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all aspects of the divorce, including property division, child custody, child support, and spousal support. In uncontested cases:
- Spouses complete settlement agreement paperwork together
- They file all necessary documents with the court
- The divorce is typically granted quickly without extensive hearings
- Costs remain lower due to reduced legal work
- Privacy is better protected
Contested Divorce
A contested divorce happens when spouses disagree on any aspect of the case, including the divorce itself, property division, child custody, or financial support. Contested divorces are more complicated than uncontested divorces and typically require:
- Extensive discovery to gather financial and other information
- Multiple court appearances and hearings
- More time from filing to final judgment
- Higher legal costs
- Greater emotional stress on both parties
When a contested divorce goes to trial, the judge decides all unresolved issues including property division, custody arrangements, and support obligations.
The Role of Fault in Divorce Outcomes
While North Dakota recognizes fault grounds, fault typically doesn't play as significant a role in divorce outcomes as many people expect.
Property Division
North Dakota follows equitable distribution for property division, dividing marital assets and debts fairly rather than equally. Fault generally doesn't greatly impact property division. Courts focus on equitable distribution based on factors like marriage length, each spouse's financial circumstances, and contributions to the marital estate.
However, in cases involving significant financial misconduct, such as one spouse wasting marital assets on an affair or gambling, fault might influence how courts distribute property.
Spousal Support
Fault can affect spousal support (alimony) decisions in North Dakota. If one spouse's actions, such as adultery or abusive behavior, caused the marriage's end, courts may consider this when deciding alimony amounts and duration. A spouse whose fault caused the marriage breakdown might face higher alimony payments or receive less favorable financial terms.
Child Custody
Fault usually matters less in child custody and visitation decisions. Courts prioritize the child's best interests, considering each parent's relationship with the child, stability, and ability to provide care. However, if a parent's fault, such as substance abuse, domestic violence, or neglect, poses a risk to the child, it could significantly affect custody decisions.
Defenses to Fault-Based Divorce
North Dakota law recognizes certain defenses that can prevent fault-based divorces from being granted.
Condonation
Condonation occurs when your spouse does something that qualifies as a fault-based ground for divorce, such as committing adultery, abusing you, or frequently abusing alcohol or drugs, and you accept them back on the condition that they behave better. When you accept your spouse back or continue living together as spouses, you may lose that ground for divorce unless they commit the act again or do other things showing they didn't truly reform.
However, judges often don't consider continuing to live with an abusive spouse as condonation unless you expressly agree to forgive them and try again. Living together while divorcing can be emotionally difficult and potentially dangerous if your spouse has been abusive.
Lapse of Time
Significant time passing between the alleged fault and filing for divorce can serve as a defense, particularly when combined with evidence of condonation or reconciliation attempts.
Residency Requirements
Before a North Dakota court can grant a divorce, residency requirements must be met. The spouse filing for divorce must have been a resident of North Dakota for at least six months before the court issues the divorce decree.
You can file for divorce before completing six months of residency, but the court must wait until you've been a resident for six months before granting the final divorce judgment.
The Divorce Process in North Dakota
Whether you file a fault-based or no-fault divorce, the process follows similar steps:
Step 1: Filing the Petition
One spouse (the plaintiff or petitioner) files a divorce petition with the district court, stating the grounds for divorce and requesting relief such as property division, custody, and support.
Step 2: Service of Process
The other spouse (the defendant or respondent) must be served with divorce papers, including the summons and complaint. Service notifies them of the divorce filing and their need to respond.
Step 3: Response
The served spouse has 21 days to file an answer. Failure to answer may result in a default judgment granting the petitioner's requests.
Step 4: Discovery and Settlement
If the divorce is contested, both sides exchange information through discovery and typically attempt to reach settlement. Many cases resolve at this stage through negotiation or mediation.
Step 5: Trial
If settlement isn't reached, the case proceeds to trial where a judge decides all contested issues.
Step 6: Final Judgment
The court issues a final divorce decree, ending the marriage and establishing all terms including property division, custody, and support.
What You Can Get in a Divorce
As part of North Dakota divorce proceedings, courts can award:
- Equitable share of marital property and debts: Fair distribution based on multiple factors
- Child custody and parenting time: Arrangements serving children's best interests
- Child support: Financial support calculated under state guidelines
- Spousal support: Temporary or long-term financial support when appropriate
- Name changes: Restoration of previous last names
- Health insurance: Coverage for spouses and children
- Life insurance beneficiaries: Designation of children as beneficiaries
Costs of Divorce
Divorce costs vary significantly based on whether the case is contested or uncontested:
Uncontested divorces typically cost less because they resolve more quickly with fewer attorney hours. However, you still pay court costs like filing fees and service fees.
Contested divorces involve higher costs due to extended legal work, discovery, expert witnesses, and trial preparation.
If you cannot afford court costs, you can file a Petition for Order Waiving Fees requesting the judge waive these expenses. Attorney fees are separate, most lawyers require a retainer (deposit) and then bill hourly against that retainer.
Do You Need a Lawyer?
While you're not required to have a lawyer for divorce in North Dakota, legal representation is almost always beneficial, particularly when the divorce involves:
- Child custody disputes
- Significant marital assets or debts
- Requests for spousal support
- Business ownership or complex financial assets
- Domestic violence or safety concerns
- Contested issues requiring trial
Even if you represent yourself in an uncontested divorce, having an attorney review your settlement agreement ensures you're not unknowingly giving up important rights or property.
North Dakota divorce law provides multiple grounds for ending marriages, with most couples choosing the no-fault option of irreconcilable differences to reduce conflict and costs. Whether you proceed with a fault-based or no-fault divorce, the divorce process involves property division, custody determinations, and support calculations that can significantly impact your financial future. Consulting with experienced divorce attorneys helps ensure you understand your rights, protect your interests, and achieve fair outcomes in your divorce case.