Choosing grounds is strategic. Most couples use no-fault irreconcilable differences to reduce tension and cost. North Dakota also recognizes fault grounds but they require proof and often add time and expense.
Irreconcilable differences lets you end the marriage without proving misconduct. This keeps the focus on practical issues like property division, support, and, if applicable, parenting.
Traditional grounds include adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance (substance abuse), conviction of a felony, and certain insanity-related grounds. Proving fault usually requires additional evidence and hearings.
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Do I need to prove fault to get divorced in North Dakota?
No. Most divorces proceed on irreconcilable differences without proving misconduct.
Can fault change the outcome?
Sometimes as one factor, but results usually turn on financial facts and children’s best interests.
Is legal separation available?
Yes. You may seek legal separation if you want court orders without dissolving the marriage.