Filing for divorce in North Dakota involves specific legal requirements, proper documentation, and established procedures through the state's district court system. Whether you're pursuing an uncontested divorce where spouses agree on all terms or preparing for a contested divorce, this comprehensive guide explains the essential steps and requirements for filing for divorce in North Dakota.
Meeting the Residency Requirement for Divorce
Before filing for divorce in North Dakota, you must satisfy the state's residency requirement. The spouse starting the divorce (the plaintiff or petitioner) must meet one of these conditions:
- Be a resident of North Dakota for 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 divorce judgment
Practical Application: If you move to North Dakota on January 1st, you can file for divorce on April 1st. However, the court cannot issue your final divorce decree until at least July 1st, six months after establishing residency.
Unlike many states, North Dakota doesn't impose a mandatory waiting period between filing and finalizing divorce once residency requirements are satisfied.
Where to File Your Divorce
You must file your divorce in the correct North Dakota State District Court to avoid delays or dismissal. File in the district court located in the county where your spouse (the defendant) lives. If your spouse lives out of state, file in the county where you reside.
Contact the clerk of court in the appropriate county for specific filing procedures, forms, and current filing fees.
Grounds for Divorce: No-Fault vs. Fault-Based
North Dakota recognizes both no-fault and fault-based grounds for divorce, though most divorces proceed on no-fault grounds.
No-Fault Divorce: Irreconcilable Differences
The most common reason for divorce in North Dakota is irreconcilable differences, substantial reasons for not continuing the marriage which make it appear that the marriage should be dissolved.
Key Benefits of No-Fault Divorce:
- The court doesn't ask to decide which party is at fault
- You don't need to prove wrongdoing
- The process moves faster than fault-based divorces
- Costs remain lower due to less evidence gathering
- Reduces conflict between spouses
To file a no-fault divorce, you simply allege that the marriage is broken due to irreconcilable differences. The judge needs only to find that these differences exist.
Fault-Based Divorces
North Dakota recognizes several fault-based grounds for divorce, though fault divorces are extremely uncommon and complicated:
- Adultery: Unfaithfulness or cheating on your spouse
- Extreme Cruelty: Causing serious bodily injury or mental suffering
- Willful Desertion: Voluntary separation with intention to desert
- Willful Neglect: Refusing to provide common life necessities
- Abuse of Alcohol or Controlled Substances: Severe use affecting business or causing mental suffering
- Conviction of a Felony: Being imprisoned at the time of filing
- Insanity: Confinement for insanity for five years (rarely used)
Important Note: The ND Legal Self Help Center doesn't provide forms or guides for fault divorces due to their complexity. If pursuing a fault divorce, consult an attorney.
Two Ways to Get a Divorce in North Dakota
North Dakota offers two primary divorce paths depending on 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 and file it with the court.
Uncontested Divorce Requirements:
- Complete written marital termination agreement
- Agreement on division of property and debts
- Agreement on residential responsibility (custody) if divorce includes children
- Agreement on parenting time (visitation) arrangements
- Agreement on spousal support if applicable
- Agreement on child support calculations
If spouses correctly file every document the court needs to grant the divorce, the divorce is generally granted quickly without a hearing.
Contested Divorce (One Spouse Starts the Divorce Process)
If spouses can't agree on everything in their divorce, or if one spouse can't be located, one spouse may start the divorce process independently.
When Contested Divorce Applies:
- Spouses disagree on property division
- Child custody arrangements are disputed
- Spousal support amounts or duration are contested
- One spouse cannot be found for service
- Any material term remains unresolved
Steps for Filing for Divorce in North Dakota
The divorce filing process follows specific steps depending on whether the divorce is uncontested or contested.
Step 1: Prepare Required Documents
The first step involves preparing three essential documents:
The Summons: Notifies the defendant spouse that the plaintiff is starting the divorce process. The summons includes restraining provisions that both spouses must obey. When a plaintiff represents themselves, the summons isn't valid unless signed and dated by a North Dakota clerk of court.
The Complaint: Provides basic information about the plaintiff, defendant, and the marriage. The complaint tells the defendant and the judge what the plaintiff is requesting in the divorce, including claims for relief such as equitable division of marital assets and debts.
The Confidential Information Form: Lists full confidential information that isn't allowed in other court documents. This form becomes part of the court's divorce record but remains hidden from public view.
For uncontested divorces, additional documents include:
- Property and debt listing
- Proposed divorce judgment
- Marital termination agreement (settlement agreement)
Step 2: File Documents with the District Court
After completing all required forms, file them with the clerk of court in the appropriate county. You'll need to pay filing fees at this time (approximately $80 as of 2022).
Filing Fee Waivers: If you can't afford filing fees, file a Petition for Waiver of Fees. If the court grants your petition, you can file your divorce paperwork without paying fees.
Step 3: Serve Your Spouse
In North Dakota, a divorce starts when a copy of the summons and complaint are served on the defendant spouse. Filing with the clerk doesn't start the divorce, service does.
Service Requirements:
- You cannot serve the papers yourself
- Have someone at least 18 years old who isn't a party to the case serve your spouse
- Service methods include personal delivery, mail, or publication (when location is unknown)
- Obtain proof of service from the person who served the documents
Clerks of court cannot accept divorce summons and complaints for filing without proof they were already served on the defendant.
Step 4: Wait for Response
The defendant spouse has 21 days after service to file an Answer and Counterclaim. What happens next depends on whether they respond:
If Defendant Doesn't Answer: The plaintiff may file a motion for default divorce judgment. If the plaintiff proves the defendant was served and didn't answer within 21 days, the judge typically grants what the plaintiff requested.
If Defendant Answers and Agrees: This becomes an uncontested divorce, and you proceed to Step 6.
If Defendant Answers and Disagrees: The divorce becomes contested, and you proceed to Step 5.
Step 5: Discovery and Settlement Attempts (Contested Divorce)
If your spouse doesn't immediately consent, both sides engage in discovery, sharing financial information, employment details, tax returns, and pension information.
Within 30 Days of Service: Both spouses and their attorneys must meet and prepare:
- Joint informational statement
- Property and debt listing
Restraining Provisions During Divorce:
- Neither spouse can sell or dispose of property without court permission
- Neither spouse may harass the other
- All insurance coverages must be maintained without change
- Both spouses must share employment, pay, tax, and pension information
If spouses reach a settlement agreement, they submit it to the judge. The judge may call an informal hearing to ensure both parties understand the agreement before approving it and issuing the divorce decree.
Step 6: Trial or Default Judgment
If Settlement Is Reached: The judge reviews the agreement, confirms both parties understand it, and issues the divorce decree.
If No Settlement: The case proceeds to trial where the judge decides unresolved issues including property division, spousal support, child custody, and child support.
For Default Cases: When the defendant doesn't answer, the plaintiff presents evidence supporting their requests, and the judge typically grants the requested relief.
Special Divorce Options in North Dakota
Summary Divorce
North Dakota offers a simplified summary divorce procedure for couples meeting specific criteria:
- Couples don't have to agree on every issue
- Cannot own more than $50,000 in assets (excluding up to $100,000 in family home value)
- No formal discovery period
- Only one informal court hearing required
Summary divorces move through the court system quickly, making them ideal for couples with limited assets.
Issues Addressed in Divorce Proceedings
North Dakota divorce law requires addressing several key issues when dissolving marriages.
Division of Property
The court makes equitable distribution of property and debts upon granting a divorce. Courts may redistribute property after divorce if either spouse failed to disclose property during proceedings.
Equitable Distribution: North Dakota is not a 50/50 community property state. Instead, courts divide marital assets fairly based on:
- Length of marriage
- Each spouse's contributions
- Financial circumstances of both parties
- Standard of living during marriage
- Earning ability of each spouse
Residential Responsibility and Parenting Time
North Dakota changed traditional terminology: "custody" is now "residential responsibility" and "visitation" is now "parenting time."
If the divorce includes children, the settlement agreement or court order must address:
- Which parent has primary residential responsibility
- Parenting time schedule for the other parent
- Decision-making authority for major child-related decisions
- Holiday and vacation schedules
Child Support Calculations
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.
The judge decides whether to approve your agreement or adjust amounts based on the children's best interests.
Spousal Support
North Dakota calls alimony "spousal support." Unlike child support, there's no specific formula for calculating spousal support amounts or duration. 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
Getting Help with Filing for Divorce
Self-Representation Resources
The North Dakota Legal Self Help Center provides:
- Free divorce forms for common situations
- Instructions for completing and filing documents
- Separate form packets for divorces with and without children
- General-use forms for creating custom legal documents
Important Note: These forms aren't official court forms, and courts aren't required to accept them. Not every divorce situation has available forms.
When to Hire a Family Law Attorney
Consider hiring a divorce attorney when:
- Your divorce includes complex assets or debts
- You're pursuing or defending against a contested divorce
- Child custody is disputed
- Spousal support is requested
- You need help with QDRO preparation for retirement accounts
- Your spouse has hired an attorney
- You're uncomfortable handling legal procedures yourself
Low-Cost Legal Assistance
If you cannot afford an attorney, several options provide help:
- Legal Services of North Dakota (for qualifying low-income individuals)
- Limited scope representation (attorneys handle specific tasks only)
- Legal aid organizations
- Law school clinics
Seniors 60 and over can call 1-866-621-9886 for additional assistance.
Costs of Filing for Divorce in North Dakota
Divorce costs in North Dakota vary widely based on complexity and whether the divorce is contested.
Filing Fees
Court filing fees are approximately $80. If you cannot afford fees, request a waiver by filing a Petition for Waiver of Fees.
Attorney Fees
Attorney fees depend on:
- Whether the divorce is contested or uncontested
- Complexity of assets and issues
- Time required to reach resolution
- Your attorney's hourly rate
- Whether expert witnesses are needed
Uncontested divorces are significantly less expensive than contested divorces requiring extensive court appearances and negotiations.
Effect of Divorce Judgment on Creditor Obligations
A court's distribution of marital debt requires each spouse to pay specific debts assigned to them. However, the divorce decree doesn't change either spouse's obligation to pay creditors.
Critical Issue: If the divorce court orders one spouse to pay a joint debt and that spouse doesn't pay, the creditor may sue either or both spouses for nonpayment. This makes both spouses potentially liable regardless of what the divorce judgment states.
Filing for divorce in North Dakota requires careful attention to legal requirements, proper documentation, and established procedures. Whether pursuing an uncontested divorce with a complete settlement agreement or navigating a contested divorce through the district court system, understanding the process helps ensure your divorce proceeds smoothly from initial filing through final divorce decree. The residency requirement, proper service of documents, and adherence to court deadlines all play critical roles in successfully dissolving your marriage under North Dakota family law.