North Dakota divorce records are official documents maintained by state and county agencies that provide legal proof of marriage dissolution. Understanding where to find divorce records, how to obtain certified copies, and who can access these vital records helps individuals secure the documentation needed for legal, financial, and personal purposes.
Where North Dakota Divorce Records Are Maintained
North Dakota divorce records are maintained at two levels: state and county. The Division of Vital Records, part of the North Dakota Department of Health and Human Services, maintains divorce records from 1949 to the present. The Vital Records Division did not begin collecting divorce records from county courts until 1949.
For divorce cases prior to 1949, records may be found in the county where the divorce case was filed. The North Dakota State Archives has divorce records for over half of the state's counties in civil case files or divorce case files. These historical records provide valuable genealogical and legal information for older divorces.
County clerks of court also maintain divorce records as part of their civil case files. Each county court keeps records of divorces granted in that jurisdiction, providing local access to divorce documentation.
How to Obtain Divorce Records
The process for obtaining North Dakota divorce records depends on when the divorce occurred and what type of documentation you need.
Obtaining Records from 1949 to Present
For divorces from 1949 forward, contact the North Dakota Division of Vital Records. While the Division maintains these records in their database, they do not issue certified copies of divorce records. Certified copies must be obtained from the county clerk or recorder in the county where the divorce or annulment was decreed.
You can search for divorce information through the Division of Vital Records to confirm a divorce occurred and identify which county granted the divorce. Once you know the county, contact that county's clerk of court to request certified copies.
Obtaining Records Before 1949
For divorces before 1949, contact the clerk of court in the county where the divorce was filed. Some pre-1949 divorce records are also available through the North Dakota State Archives. The State Archives has divorce records for many counties in civil case files or divorce case files collections.
When the source is the State Archives, contact them directly. If the source is the Division of Vital Records, follow their procedures for accessing information.
County Clerk of Court
To obtain certified copies of divorce records, contact the clerk of court in the county where the divorce was granted. Fees for certified copies vary from county to county. Each county maintains its own procedures for requesting records, processing payments, and verifying requestor eligibility.
County offices can provide certified copies of the divorce decree, which serves as official legal proof of the divorce. These certified copies are necessary for name changes, remarriage, updating government records, claiming benefits, and other legal purposes.
Accessing Divorce Records Online
The North Dakota Courts provide online access to district court case information through their public search portal. This website provides access to North Dakota District Court case information for criminal, traffic, and civil case types including divorce.
The public search portal allows you to search for divorce cases by party names, case numbers, or other identifying information. Search results show case information as each case was heard, whether it remains open or closed, and final disposition when closed.
However, the online portal does not provide access to full divorce documents or certified copies. It serves as an index to confirm case existence and obtain basic case information. To obtain actual divorce records or certified copies, you must contact the appropriate county clerk of court.
Who Can Access Divorce Records
North Dakota divorce records are generally public records, meaning they're accessible to the public. However, access to certified copies may be restricted to certain individuals.
Parties to the divorce (either spouse) can obtain certified copies of their own divorce records. Attorneys representing parties in matters requiring divorce documentation can also obtain records. Individuals with legal interest in the divorce, such as those involved in estate matters or child custody proceedings, may be eligible to obtain records.
Some divorce records may be sealed or restricted by court order, particularly when they involve sensitive information about children or protected parties. Access to sealed records requires court approval.
Types of Divorce Documentation Available
Different types of divorce-related documents serve different purposes.
Divorce Decree
The divorce decree is the final court order officially dissolving the marriage. This document includes the divorce date, parties' names, and the court's rulings on property division, custody, support, and other matters. Certified copies of the divorce decree are most commonly needed for legal purposes.
Case Files
Complete divorce case files include all documents filed during divorce proceedings, including the complaint, answer, motions, orders, settlement agreements, and the final decree. These comprehensive files are maintained by county clerks of court.
Divorce Certificates
Some states issue divorce certificates similar to marriage certificates. North Dakota's Division of Vital Records maintains divorce information in their database but does not issue certified divorce certificates. Instead, certified copies must be obtained from the county where the divorce was granted.
Why You Might Need Divorce Records
Individuals request divorce records for various legal, financial, and personal reasons. Remarriage requires proof of divorce from previous marriages. Legal name changes based on divorce require certified divorce documentation. Claiming Social Security benefits, pensions, or insurance proceeds may require divorce proof.
Estate matters and probate proceedings often require divorce records to establish marital status at death. Child custody modifications, child support enforcement, and other family law matters may require divorce documentation. Immigration proceedings sometimes require proof of divorce.
Genealogical research benefits from historical divorce records maintained by the State Archives. Death records processing by vital records agencies may require divorce documentation to establish relationships.
Marriage Records and Other Vital Records
The Division of Vital Records maintains several types of vital records in addition to divorce information. Marriage records prior to 1925 come from data existing at the North Dakota State Archives. Marriage records from 1925 to the present come from the North Dakota Department of Health Division of Vital Records.
However, as of January 1, 2008, the North Dakota Department of Health no longer issues certified copies of marriage records. All certified copies of marriage records should be obtained from the county where the license was originally purchased and filed.
The Division of Vital Records also maintains birth records and death records. Birth records are restricted by state law, with only birth records 125 years or older included in the public index. Death records exclude deaths that occurred within the past year.
Required Identification for Obtaining Records
The North Dakota Division of Vital Records requires proof of identification from individuals requesting birth or death records. While divorce records must be obtained from county clerks, many counties also require identification verification.
Acceptable forms of identification typically include a current, legible photocopy of a state-issued photo ID or driver's license, Bureau of Indian Affairs-issued tribal ID card, US Military card, or US-issued passport or visa. Alternatively, you may provide legible photocopies of two documents such as a Social Security card, utility bill with current address (no more than three months old), bank statement with current address (no more than three months old), pay stub with name and Social Security number, car registration or title with current address, or an IRS tax return from the prior year.
When authorizing someone else to receive a certified copy on your behalf, you must complete an authorization form available from the Division of Vital Records or the county clerk of court.
Fees and Processing Times
Fees for obtaining divorce records vary by county. Each county clerk of court sets their own fee schedule for certified copies and document searches. Contact the specific county where your divorce was granted to verify current fees.
The Division of Vital Records processes most requests within 3-5 business days after receipt, though this doesn't include return mail time. County processing times vary by jurisdiction and workload.
Payment methods typically include personal checks, money orders, or credit cards made payable to the specific county or agency. Some counties accept online payments through their websites.
Contact Information
To request divorce records or information, contact the North Dakota Division of Vital Records at 600 East Boulevard Avenue, Department 325, Bismarck, ND 58505-0200. Their phone number is (701) 328-2360, or 711 for TTY services.
For historical divorce records, contact the North Dakota State Archives. For certified copies of divorce decrees, contact the clerk of court in the county where the divorce was granted.
North Dakota divorce records provide essential documentation of marriage dissolution maintained by the state's Division of Vital Records for divorces from 1949 forward and by county clerks of court for all divorces. While the Division of Vital Records maintains divorce information in searchable databases, certified copies must be obtained from county clerks in the jurisdictions where divorces were granted. Understanding the distinction between state vital records databases and county court records, knowing which agency maintains records for different time periods, and following proper procedures for requesting certified copies ensures you can access the divorce documentation needed for remarriage, legal proceedings, financial matters, and other purposes requiring official proof of marriage dissolution in the state of North Dakota.