Everything to Know About Divorce in North Dakota
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
If you're considering divorce in North Dakota, understanding the legal requirements and procedures is essential. This guide provides a comprehensive overview to assist you through the process.
Prerequisites
Residency requirements
To file for divorce in North Dakota, the petitioner must have lived in the state for at least six months before filing, or for six months immediately before the court finalizes the divorce.
Grounds for divorce
North Dakota recognizes both no-fault and fault-based grounds for divorce.
- No-fault: Irreconcilable differences leading to the breakdown of the marriage.
- Fault-based: Includes adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, conviction of a felony, and mental illness.
Waiting period & separation
There is no formal waiting period or separation required before you can file for divorce in North Dakota.
How to file for divorce in North Dakota
- Determine the correct court: File in the District Court of the county where either spouse resides.
- Complete required forms: Summons, Complaint, Confidential Information Form, Financial Affidavit, Property and Debt Listing, and Parenting Plan (if children are involved).
- File the forms: Submit the completed forms to the court clerk and pay the filing fee.
- Formally serve the spouse.
- Attend court hearings: Participate in any required hearings or mediation sessions to finalize your divorce.
Cost of divorce & filing fees
- Filing fee: $80, which includes a $65 civil filing fee and a $15 civil legal service fee.
- Fee waivers: Available for individuals who cannot afford the fees. See if you are eligible here.
- Other costs include professional fees and services such as legal advice, document preparation, and mediation.
Property, assets & debt division
North Dakota follows the principle of equitable distribution, meaning marital property and debts are divided fairly, though not necessarily equally. Factors considered include the duration of the marriage, age and health of both parties, earning ability, and contributions to the marriage.
Spousal support (alimony)
Under North Dakota law (N.D.C.C. § 14-05-24.1), a court can order one spouse to pay spousal support to the other, based on the circumstances of both parties. This support is typically for a limited time and can be modified later by the court.
Unless the couple agrees otherwise in writing:
- Spousal support ends if the receiving spouse remarries. They must notify the paying spouse right away at their last known address.
- Support also ends if the receiving spouse has lived with someone in a marriage-like relationship for one year or more, as proven in court.
These rules do not apply to rehabilitative spousal support, which is designed to help the receiving spouse become self-supporting.
Child support & custody
Custody is determined based on the best interests of the child, considering factors like the child's relationship with each parent, the child's adjustment to home and school, and the mental and physical health of all individuals involved.
Support is calculated using the North Dakota Child Support Guidelines, which consider both parents' incomes and the needs of the child.
Military divorce
A military service member stationed in North Dakota—along with their spouse—is considered a state resident for divorce purposes (ND Code Chapter 14-05). If you don’t meet North Dakota’s residency requirements, you’ll need to file in the state where you legally reside.
If one or both spouses are in the military, federal laws like the Uniformed Services Former Spouse Protection Act (USFSPA) and Servicemembers Civil Relief Act (SCRA) also apply.
Legal separation and annulment
- Legal separation is a civil court process with requirements that are very similar to the requirements for granting a divorce.
- Annulment: Rarely granted. Declares the marriage null and void, as if it never occurred, based on specific legal grounds.
E-filing
North Dakota offers electronic filing through the Odyssey® electronic filing system. Self-represented parties may file documents electronically or in paper form.
After divorce: steps to take
You may need to update or change several important things after divorce, including:
- Update personal records (e.g., Social Security, driver's license).
- Revise estate planning documents.
- Adjust insurance policies and beneficiaries.
- Implement the parenting plan and child support arrangements.
Legal help and divorce resources
If you need further assistance or information on specific aspects of the divorce process in North Dakota, feel free to ask us by scheduling a free call.
