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Divorce in North Dakota
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Welcome to our most comprehensive guide to navigating the divorce process in North Dakota. Gain a clear understanding of your divorce options, enabling you to move forward confidently toward your future goals.
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Table of Contents

See Hello Divorce Plans

Marriage & Divorce Laws in North Dakota

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North Dakota Finances, Property and Support

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Other Important Topics about Divorce in North Dakota 

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Top Resources for Divorce in North Dakota

Important Information About Divorce in North Dakota

What is the waiting period for divorce in North Dakota? No waiting period.

Do you need to be separated before filing for divorce in North Dakota? If so, how long? No.

How is property divided (e.g., separate property or equitable property) in North Dakota? Equitable property.

What is the filing fee in North Dakota? $80.

Is a joint petition possible in North Dakota? No, even in a summary divorce, there is a plaintiff and a defendant.

How do you waive the filing fee in North Dakota? If you can't afford the filing fees, you can request a waiver by filing a Petition for Waiver of Fees. https://www.ndcourts.gov/legal-self-help/fee-waiver

What are the annulment rules in North Dakota?

  • Spouse was a minor

  • Spouse was legally married to someone else

  • Spouse was of unsound mind

  • Consent to marry obtained by fraud or force

  • Physical inability to consummate the marriage

  • Incest

Is there a faster way to divorce (e.g., summary dissolution) in North Dakota? An uncontested divorce, where couples have agreed on all issues, is the fastest. Summary divorce is also relatively speedy for cases with limited disagreements.

What are the parties divorcing called in North Dakota? Plaintiff and Defendant.

What are the methods of serving the petition, and can the respondent waive service in North Dakota?

  1. Personal Service (e.g., sheriff, constable, or private process server)

  2. Mail

  3. Obtaining the other party’s signature

What are the residency requirements for divorce in North Dakota? The Plaintiff or Petitioner must have been a resident of North Dakota for at least 6 months before filing or 6 months immediately before the judgment is granted.

Does it matter who files first in North Dakota? No.

What is the deadline for the response in North Dakota? 21 days.

Are the parties required to go to court in North Dakota? Describe. Yes, a hearing before a judge must be scheduled once all forms are completed.

Are there requirements before filing or finalizing divorce (like classes) in North Dakota? A parenting class may be required at the judge's discretion.

Is separation required before finalizing divorce in North Dakota? No.

Is North Dakota a no-fault state? Yes, both fault and no-fault options exist.

If fault-based divorce, what are the grounds in North Dakota?

  1. Adultery

  2. Extreme cruelty

  3. Willful desertion

  4. Willful neglect

  5. Abuse of alcohol or controlled substances

  6. Conviction of a felony

Is permanent alimony/spousal support possible in North Dakota? Yes, at the judge’s discretion.

What are the alimony/spousal support rules in North Dakota? Spousal support can be awarded temporarily or permanently based on parties’ circumstances. Support typically ends upon remarriage or cohabitation of the receiving spouse. Detailed rules.

What are the child support rules in North Dakota? Current Child Support Guidelines.

What are the military divorce rules in North Dakota? Military personnel stationed in North Dakota are considered residents for divorce purposes. Equitable distribution rules apply. USFSPA and SCRA rules apply.

Is there an official spousal support calculator in North Dakota? No.

Is there an official child support calculator in North Dakota? Child Support Calculator.

When can you file taxes as a single person in North Dakota? If divorced by midnight on December 31 of the tax year, file separately.

Can parties legally separate in North Dakota? If so, how? Yes, legal separation is similar to divorce proceedings. Guide.

Where do you file for divorce in North Dakota? With the clerk of court in the county where either spouse lives.

What are the rules for filing for divorce in North Dakota? Residency requirements apply (see above). Specific forms differ based on divorce type (uncontested, contested, summary).

What primary documents are generated for divorce in North Dakota? Summons and Complaint for Divorce.

Can you change your name during the divorce process in North Dakota? If so, how? Yes, requested and included in the divorce decree.

Can you finalize divorce while pregnant in North Dakota? If yes, how? Unclear.

Can you end domestic partnerships in North Dakota? No, North Dakota does not recognize civil unions or domestic partnerships.

Are financial disclosures required in North Dakota? Explain. Yes, disclosure of assets, liabilities, income, and expenses is required.

Is there free legal help for divorce in North Dakota? Yes, through Legal Services of North Dakota.

Does North Dakota recognize common law marriage? No.

Is e-filing available in North Dakota? No clear availability for divorce cases.

Are you required to appear in court during divorce proceedings in North Dakota? Typically not required for uncontested divorces. Judges often finalize based on paperwork submitted.

Sources:

https://www.ndcourts.gov/