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.
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.
North Dakota recognizes both no-fault and fault-based grounds for divorce.
There is no formal waiting period or separation required before you can file for divorce in North Dakota.
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.
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:
These rules do not apply to rehabilitative spousal support, which is designed to help the receiving spouse become self-supporting.
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.
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.
North Dakota offers electronic filing through the Odyssey® electronic filing system. Self-represented parties may file documents electronically or in paper form.
You may need to update or change several important things after divorce, including:
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.