A North Dakota divorce certificate serves as official documentation that a marriage has been legally dissolved. Understanding how to obtain certified copies of divorce records, where to request them, and what information they contain is essential for anyone who needs proof of divorce for legal, financial, or personal purposes.
Official North Dakota Divorce Certificate Information
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North Dakota Vital Records
The State of North Dakota maintains various vital records through the North Dakota Department of Health and Human Services, Division of Vital Records. These records include birth records, death records, marriage records, and divorce records.
Divorce Records vs. Divorce Certificates
North Dakota offers two types of divorce documentation:
Divorce Decree
A divorce decree is a certified court document that embodies the final order signed by a judge ending a marriage. It provides a detailed summary of the judge's decisions regarding division of assets, child custody arrangements, alimony awards, child support obligations, and financial responsibilities. Divorce decrees are maintained by the Clerk of Court in the county where the divorce was filed.
Divorce Certificate
A divorce certificate is typically used as an informational copy because it doesn't contain details about divorce proceedings or the judge's specific orders. It serves as a face sheet of the divorce action, providing basic information such as the names of both parties, the filing date, the county where the divorce was filed, and the court case number.
Where to Obtain North Dakota Divorce Certificates
The availability and location of divorce records in North Dakota depends on when the divorce occurred and what type of documentation you need.
Division of Vital Records
The Vital Records Division of the North Dakota Department of Health and Human Services began collecting divorce records from county courts in 1949. Divorce certificates for divorces that occurred in 1949 or later can be requested through Vital Records.
Contact Information:
- Phone: (701) 328-2360 or 711 (TTY)
- Mail: Vital Records, 600 E. Boulevard Ave., Dept. 325, Bismarck, ND 58505
Appointments can be scheduled in advance if in-person service is needed. Once a request is received, processing typically takes 3 to 5 business days, not including return mail time.
County Clerk of Court
Certified copies of divorce records can only be obtained from the county clerk or recorder in the county where the divorce or annulment was granted. This applies to all divorces, but is especially important for divorces that occurred before 1949.
County courts maintain divorce decrees and complete case files, which provide the most comprehensive documentation of divorce proceedings. The process for obtaining divorce records varies from county to county in North Dakota.
Historical Divorce Records
For divorces prior to 1949, records may be found in the county where the divorce case was filed. The North Dakota State Archives holds divorce records for over half of North Dakota's counties in civil case files or divorce case files. Contact the State Archives for assistance with historical divorce records.
How to Request a North Dakota Divorce Certificate
There are several methods for obtaining divorce certificates and divorce records in North Dakota.
Online Ordering
You can order North Dakota divorce certificates online through VitalChek, the state's authorized vital records ordering service. VitalChek has partnered with vital record agencies within North Dakota to provide convenient online ordering of birth certificates, death certificates, marriage certificates, and divorce certificates.
The online ordering process includes:
- Secure identity validation
- Electronic processing through the appropriate government agency
- Various shipping options including expedited delivery
- Credit card payment options
Mail Requests
To request divorce records by mail, submit a written request to the county courthouse where the divorce was granted or to the Division of Vital Records for divorces after 1949.
Mail requests should include:
- Completed request form or detailed letter
- Required fee payment by personal check or money order
- Self-addressed stamped envelope
- Photocopy of a government-issued ID
Personal checks or money orders should be made payable to ND Department of Health for vital records requests or to the specific county for court record requests.
In-Person Requests
You can visit the county courthouse where the divorce was granted to request records in person. The 'Select County' directory on the State of North Dakota Courts website provides exact locations and contact addresses for all county courthouses, including regular court hours and names of the Clerk of Court.
In-person requests typically allow for same-day service if records are readily available. Bring a government-issued photo ID and be prepared to pay the required fees.
Public Access Terminals
Some county courthouses provide public access terminals where you can view electronic versions of available divorce records. These terminals allow you to search for and view divorce case information, though you'll still need to request certified copies through the clerk's office.
Required Information for Divorce Record Requests
When requesting a North Dakota divorce certificate or divorce decree, you'll need to provide specific identifying information:
- Full name of husband on the record
- Maiden name of wife on the record
- Date the divorce was finalized
- Date the divorce was filed
- County court where the divorce was granted
- Divorce certificate number (if known)
Providing complete and accurate information helps ensure your request is processed quickly and that the correct records are located.
Fees for North Dakota Divorce Certificates
Fees for obtaining divorce certificates and divorce records in North Dakota vary depending on the type of record and the requesting office.
Standard Fees
The typical fee for divorce records is $10 for the first copy. Additional copies of the same record may be available at a reduced rate. However, fees can vary from county to county, particularly for certified copies of court records.
Payment Methods
Accepted payment methods include:
- Personal checks
- Money orders
- Credit cards (for online orders)
- Cash (for in-person requests at some locations)
For mail requests, include payment by check or money order payable to the appropriate agency. For online orders through VitalChek, credit card payment is typically required along with additional service fees.
Comparison of Divorce Record Types
Record Type | Information Included | Who Can Obtain | Where Available | Best Used For |
Divorce Decree | Complete court order with details on property, custody, support | Parties to divorce, attorneys | County Clerk of Court | Legal proceedings, enforcement |
Divorce Certificate | Basic information only (names, dates, location) | General public (informational), restricted parties (certified) | Vital Records (post-1949) | Proof of divorce for remarriage |
Certified Copy | Official seal and certification | Parties to divorce, authorized individuals | County court or Vital Records | Legal purposes, official transactions |
Informational Copy | No official seal | General public | County court or Vital Records | Personal records, genealogy |
Who Can Obtain North Dakota Divorce Certificates
Access to divorce records in North Dakota depends on the type of copy being requested.
Certified Copies
Certified copies contain detailed information about the divorce and the parties involved. They can only be obtained by:
- The parties to the divorce case
- Defense attorneys involved in the case
- Other individuals authorized by law or court order
Certified copies include an official seal and certification of authenticity, making them suitable for legal purposes such as remarriage, name changes, property transactions, and benefit applications.
Informational Copies
Informational copies do not contain confidential or private information and may be obtained by anyone. These records provide basic facts about the divorce but lack the detailed orders and sensitive information contained in certified copies.
Processing Times and Service Options
Understanding processing times helps you plan accordingly when requesting divorce certificates.
Standard Processing
Once a request is received by Vital Records, processing generally takes 3 to 5 business days. This timeframe does not include mail delivery time for requests submitted by mail.
County court processing times may vary depending on the county's caseload and whether records must be retrieved from storage.
Expedited Services
For those who need records more quickly, expedited shipping options are available through online ordering services like VitalChek. Expedited processing and overnight or next-day delivery can significantly reduce the total time to receive your divorce certificate.
Public Access to Divorce Records
North Dakota divorce records are generally classified as public records and are open to public access. However, certain limitations apply.
What's Public
Court records of divorce proceedings are typically public and may be accessed by anyone seeking informational copies. Basic divorce case information can be searched through courthouse records and, in some counties, through online public access systems.
Sealed Records
Divorce records that are sealed by court order are not available to the public. The court may seal divorce records when both parties agree and demonstrate compelling reasons, such as:
- Protection of children's privacy
- Safeguarding financial information
- Preventing harm to reputation or careers
- Security concerns
To seal divorce records, both parties must petition the court where the divorce took place and convince the judge that sealing is essential.
Using Divorce Certificates for Legal Purposes
Divorce certificates serve various important legal and practical purposes.
Common Uses
North Dakota divorce certificates are commonly needed for:
- Remarriage: Obtaining a marriage license typically requires proof that any previous marriages have been legally dissolved
- Name changes: Reverting to a maiden name or changing a name after divorce often requires a certified divorce certificate
- Social Security benefits: Updating records or claiming certain benefits may require divorce documentation
- Property transactions: Real estate sales, refinancing, or title changes may require proof of divorce
- Immigration matters: Visa applications and citizenship processes often require divorce certificates
- Insurance and benefits: Updating beneficiaries or coverage requires proof of marital status changes
Certified vs. Uncertified Copies
For most legal purposes, certified copies are required. These include an official seal and certification statement confirming the document's authenticity. Uncertified or informational copies are suitable for personal records but won't be accepted for official transactions.
Special Considerations for North Dakota Divorce Records
Several unique aspects of North Dakota's vital records system affect how divorce certificates are handled.
1949 Dividing Line
The Vital Records Division began collecting divorce records from county courts in 1949. This creates two different systems:
- Divorces after 1949: Available through both Vital Records and county courts
- Divorces before 1949: Only available through county courts or the State Archives
Marriage Record Changes
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 must now be obtained from the county where the license was originally purchased and filed. While this doesn't directly affect divorce certificates, it's important to understand how vital records processes have evolved.
Identification Requirements
The North Dakota Division of Vital Records requires proof of identity for individuals requesting vital records. Acceptable forms of identification must accompany all requests. When authorizing someone else to receive a certified copy on your behalf, you must complete an "Authorization to Receive a Certified Copy" form available on the Division of Vital Records website.
North Dakota Divorce Process Overview
Understanding the divorce process helps explain the records that are created and maintained.
Two Types of Divorce
Uncontested Divorce (Complete Agreement Together): When both spouses agree on all issues, they complete settlement agreement paperwork together and file it with the court. If properly filed, the divorce is generally granted quickly without a hearing.
Contested Divorce (One Spouse Starts): When spouses can't agree or one cannot be located, one spouse starts the process alone. If settlement isn't reached, the case goes to trial where a judge decides unresolved issues.
Timeline
From the day a divorce case is filed in court, it typically takes 30 to 90 days for the divorce to be finalized in uncontested cases. Contested divorces take longer depending on the complexity of issues and court schedules.
Residency Requirements
The spouse starting the divorce must meet North Dakota's residency requirement:
- Be a North Dakota resident for at least 6 months before starting the divorce, OR
- Be a North Dakota resident for 6 months immediately before the court grants the divorce judgment
Finding North Dakota County Court Information
Each of North Dakota's 53 counties maintains its own court records. To request divorce records from a specific county:
- Visit the North Dakota Courts website
- Use the 'Select County' directory to find contact information
- Note the county courthouse address, phone number, and office hours
- Contact the Clerk of Court for specific instructions and current fees
For general information, you can call 701-857-6600.
Tips for Obtaining Divorce Certificates Efficiently
Follow these recommendations to ensure smooth processing of your divorce certificate request:
- Verify fees before submitting payment: Fees vary by county and record type, so confirm current costs
- Include all required information: Complete forms thoroughly to avoid delays from missing information
- Provide proper identification: Include photocopies of government-issued ID as required
- Choose the right office: Know whether to contact Vital Records or the county court based on your needs
- Allow adequate processing time: Don't wait until the last minute if you need records for a deadline
- Request certified copies when needed: Ensure you're ordering the appropriate type for your purpose
Understanding the North Dakota divorce certificate system helps you efficiently obtain the documentation you need for legal proceedings, personal records, or life transitions following divorce. Whether requesting through the Division of Vital Records, county courts, or online services, knowing the requirements and procedures ensures you receive accurate and timely records.