North Dakota divorce forms are essential legal documents required to file for divorce and navigate the divorce process through the district court system. Whether pursuing an uncontested divorce where both spouses agree on all terms or preparing for a contested divorce, having the correct forms properly completed ensures your case proceeds smoothly toward a final divorce judgment.
Where to Get North Dakota Divorce Forms
The North Dakota Legal Self-Help Center provides free divorce forms for common divorce situations. These forms are available online and can be downloaded, completed, and filed with the district court. The website provides separate form packets specifically designed for divorces without children, divorces with minor children, summary divorces using simplified procedures, and contested divorces requiring one spouse to start the process.
North Dakota Legal Self Help Center forms aren't official court forms, and courts aren't required to accept them. There's no guarantee all judges and courts will accept forms from the Center, so use these forms at your own risk. Divorce forms aren't available for every situation or circumstance.
The clerk of the court in the county where you're filing may also have forms available. Contact your local district court clerk's office for information about locally accepted forms and any county-specific requirements.
Types of North Dakota Divorce Forms
Different divorce situations require different sets of forms. The forms you need depend on whether you have children, whether your divorce is contested or uncontested, and other specific circumstances.
Forms for Uncontested Divorce Without Children
When both spouses agree on everything and have no minor children, you'll need several key documents. The Summons notifies the defendant spouse that the plaintiff is starting the divorce process and includes restraining provisions both spouses must obey. When plaintiffs represent themselves, the summons requires signing and dating by a North Dakota clerk of court.
The Complaint provides basic information about both spouses and the marriage, stating what the plaintiff requests in the divorce including grounds for divorce. In North Dakota, this is typically irreconcilable differences, which are substantial reasons for not continuing the marriage.
The Confidential Information Form lists full confidential information that cannot appear in other court documents. This form becomes part of the court record but remains hidden from public view. The Property and Debt Listing provides a comprehensive inventory of all assets and debts owned by either spouse, including real estate, vehicles, bank accounts, retirement accounts, and all liabilities.
The Marital Termination Agreement serves as the settlement agreement detailing how spouses will divide property and debts. This is the most important document in an uncontested divorce. Additional forms include the Findings of Fact, Conclusions of Law, and Order for Judgment that the judge signs after reviewing your agreement, the Judgment and Decree of Divorce that officially ends the marriage, and the Notice of Entry of Judgment providing formal notice that the divorce judgment has been entered.
Forms for Uncontested Divorce With Children
When spouses have minor children, additional forms address parenting arrangements and child support. You'll need all the forms listed above for divorces without children, plus several child-related documents.
The Parenting Plan provides a detailed schedule outlining residential responsibility (custody), parenting time (visitation), decision-making authority, holiday schedules, and vacation arrangements. Child Support Worksheets show calculations demonstrating how child support was determined according to North Dakota child support guidelines. These calculations are required even if spouses agree on support amounts.
The Child Support Order establishes the court order setting the amount of child support, payment schedule, and other support terms. An Affidavit of Service provides proof that the defendant spouse was properly served with divorce papers.
Forms for Contested Divorce
When spouses can't agree on all issues, or when one spouse can't be located, the plaintiff starts the divorce independently. Initial filing forms include the Summons, Complaint, Confidential Information Form, and Property and Debt Listing.
The defendant spouse needs response forms including the Answer and Counterclaim, which must be filed within 21 days of service, along with affidavits supporting any claims made. Discovery forms facilitate information exchange between spouses, including Requests for Production of Documents, Interrogatories, Financial Affidavits, and the Joint Informational Statement that both spouses must prepare within 30 days.
Motion forms address various procedural needs, such as the Motion for Default Judgment if the defendant doesn't respond, various motions for temporary orders, and Motion for Trial. Final judgment forms include Proposed Findings of Fact, Conclusions of Law, and Proposed Judgment and Decree of Divorce.
North Dakota's forms don't specifically apply to all contested divorce situations. You may need to create your own documents using the General-Use forms in the District Court Civil Action Section as starting points.
Forms for Summary Divorce
Summary divorce is a simplified procedure for couples meeting specific criteria, specifically those with assets under $50,000 (excluding up to $100,000 in family home value). Summary divorce forms are available through the North Dakota Courts Legal Self-Help Center and streamline the process with fewer forms and simplified procedures.
How to Complete North Dakota Divorce Forms
Properly completing divorce forms prevents delays and ensures the district court can process your case efficiently. Review all instructions before starting to complete any form. Each form packet includes detailed instructions explaining how to fill out each document.
Type forms when possible or print legibly using black ink if handwriting. Typed forms are preferred as they're easier to read and process. Complete all required fields without leaving blank spaces. If a question doesn't apply to your situation, write "N/A" or "Not Applicable." Provide truthful and accurate information, as false statements in court documents can result in serious legal consequences.
Keep copies of all completed forms for your records before filing with the court. Some forms require signatures from both spouses, some only from the filing spouse, and some require notarization. Follow specific signing instructions for each form carefully.
Meeting the Residency Requirement
Your divorce forms must establish that you meet North Dakota's residency requirement. The plaintiff must be a resident of North Dakota for at least six months before the district court can grant the divorce judgment.
On your Complaint form, you'll need to state when you became a North Dakota resident, your current address in North Dakota, and that you've been a resident for at least six consecutive months.
Stating Grounds for Divorce
North Dakota is a no-fault divorce state. The grounds for divorce stated in your Complaint will typically be "irreconcilable differences," which are substantial reasons for not continuing the marriage that make it appear the marriage should be dissolved. The plaintiff doesn't need to prove anyone did anything wrong. You only need to claim that irreconcilable differences exist.
Completing Property and Debt Forms
The Property and Debt Listing requires comprehensive information about all assets and debts. List all real estate with addresses and estimated values, vehicles with make, model, year and estimated value, and bank accounts with institution names, account numbers, and balances. Include investment accounts, retirement accounts such as 401k plans, IRAs and pensions, business interests, personal property of significant value, and life insurance policies with cash value.
List all debts including mortgages, car loans, credit card balances, student loans, personal loans, medical bills, and tax obligations. Be thorough because the court requires disclosure of all property regardless of when acquired or whose name appears on titles or accounts.
Child Support Calculations
If your divorce includes minor or dependent children, you must calculate child support using North Dakota's guidelines. You must complete child support calculations even if you and your spouse have agreements about support. Required information includes the number of children, gross income for both parents, health insurance costs for children, childcare expenses, and other children either parent supports. The judge decides whether to approve your agreement or adjust amounts based on the children's best interests.
Filing North Dakota Divorce Forms
After completing all required forms, you'll file them with the district court and pay filing fees. File your divorce forms with the North Dakota State District Court in the county where your spouse lives, or in the county where you live if your spouse lives out of state.
Divorce filing fees in North Dakota are approximately $80 as of 2022. Check with your county clerk of court for current fees. If you can't afford filing fees, you can request a waiver by filing a Petition for Waiver of Fees. If the court grants your petition, you can file your divorce paperwork without paying fees.
For uncontested divorces, after filing, both spouses' signatures on the settlement agreement and other forms allow the court to process the divorce quickly, often without a hearing. For contested divorces, after filing the initial forms, the plaintiff must arrange to serve the defendant with copies of the Summons and Complaint. In North Dakota, serving these documents starts the divorce, not the filing itself.
Service of Process Forms
Proper service of divorce papers on your spouse is crucial. North Dakota requires specific procedures for serving divorce forms. You cannot serve the papers yourself. Someone at least 18 years old who isn't a party to the case must serve your spouse through personal service where a sheriff or private process server delivers documents, mail service with proper proof, or publication service when your spouse cannot be located.
The person who served your spouse must complete an Affidavit of Service providing the date and time of service, location where service occurred, method of service used, description of person served, and signature and contact information of the server. The Notice of Filing notifies the defendant that certain documents have been filed with the court.
Additional Forms You May Need
Depending on your specific situation, you may need additional North Dakota divorce forms. If your divorce judgment divides retirement accounts or pensions, you'll need a Qualified Domestic Relations Order (QDRO). The North Dakota Legal Self Help Center doesn't have QDRO forms or instructions and can't help you draft QDROs. Contact retirement plan administrators early in the process because some provide sample QDRO documents. Even when using administrator samples, consult a lawyer to ensure the QDRO is drafted correctly.
If you want to resume using a previously used last name after divorce, you can request this in your Complaint form. The court can include name change provisions in the final divorce judgment.
After your divorce is final, if circumstances change significantly, you may need forms to modify child support orders, modify parenting time arrangements, or modify spousal support. These forms are available through the North Dakota Courts Legal Self-Help Center.
When North Dakota Divorce Forms Aren't Available
If you don't find forms that suit your circumstances on the Legal Self Help Center website, those forms aren't available through the Center. You may need to create legal documents yourself using General-Use forms in the District Court Civil Action Section as templates, sample forms from other jurisdictions adapted to North Dakota law, or legal form books available at law libraries.
For complex situations, contested divorces, or when standard forms don't fit your needs, consider hiring a family law attorney to prepare proper documents. Some attorneys offer limited scope representation, helping you with specific tasks like preparing complex forms while you handle other aspects of your divorce.
Common Mistakes When Completing Divorce Forms
Avoid frequent errors that delay divorce proceedings. Incomplete information such as leaving blank spaces or failing to provide required information causes processing delays. Inaccurate financial disclosure by failing to list all assets and debts can result in court orders requiring additional disclosure and potentially reopening settled issues.
Missing signatures or forgetting to get required notarization prevents filing. Using wrong forms for your situation, such as using forms designed for divorces without children when you have children, creates problems. Improper service by failing to properly serve your spouse according to North Dakota requirements can invalidate the entire proceeding.
Missing deadlines like not responding to forms within required timeframes can result in default judgments. The defendant has only 21 days to file an Answer after being served with the Summons and Complaint.
Getting Help with Divorce Forms
Several resources provide assistance with completing and filing North Dakota divorce forms. The North Dakota Legal Self Help Center provides forms, instructions, and general information about divorce procedures. County Clerk of Court offices can answer questions about filing procedures, fees, and local court rules, though they cannot provide legal advice about which forms to use or how to complete them.
Legal Services of North Dakota provides free legal assistance to qualifying low-income individuals. Seniors 60 and over can call 1-866-621-9886 for additional assistance.
Online divorce services charge fees but help you complete divorce forms correctly based on your specific situation. Family law attorneys provide comprehensive legal representation including preparation of all required forms, filing, and representation in court. Limited scope attorneys help with specific tasks like reviewing completed forms or preparing complex documents while you handle other aspects yourself.
Important Reminders About North Dakota Divorce Forms
Keep these critical points in mind when working with divorce forms. Forms from the Legal Self-Help Center aren't official court forms, so courts may or may not accept them. Fault-based divorces are extremely uncommon and complicated, and the ND Legal Self Help Center doesn't have forms for fault divorces.
You must calculate child support if your divorce includes children, even if you have agreements between yourselves. Dividing retirement accounts requires QDROs, which aren't available through the self-help center. Creating legal documents yourself is possible, but consulting a lawyer ensures you don't make costly mistakes. The information provided through self-help resources is general information, not legal advice specific to your situation.
North Dakota divorce forms provide the framework for dissolving your marriage through the district court system. Whether filing an uncontested divorce with complete agreement or beginning a contested divorce where substantial reasons for not continuing the marriage exist, having the correct forms properly completed ensures your case progresses smoothly from initial filing through final divorce judgment. The residency requirement, proper service procedures, and thorough completion of all required forms all play essential roles in successfully navigating the divorce process in North Dakota.