Divorces in North Dakota are filed in the North Dakota District Court for the county where either spouse lives. North Dakota uses equitable distribution, so judges divide marital assets and debts fairly, not automatically 50/50. Most cases proceed on no-fault irreconcilable differences and can be completed largely on paperwork if you stay organized.
At least one spouse must be a North Dakota resident. In practice, courts look for about six months of residency before the case is granted. File in the District Court for the county where either spouse resides. There is no pre-filing separation requirement, and uncontested cases often move on regular civil timelines.
Step 1: Choose your path and gather forms.
If you agree on property, debts, and (if applicable) parenting, plan an uncontested filing. Prepare the Summons and Complaint (or Joint Petition) and financial disclosures. With minor children, include a Parenting Plan and UCCJEA details.
Step 2: File with the clerk.
File your packet with the District Court clerk in your county. Pay the filing fee or request a fee waiver for financial hardship. You’ll receive a case number and file-stamped copies.
Step 3: Serve your spouse.
Arrange personal service by sheriff or process server, or obtain a signed Acceptance of Service if your spouse cooperates. If you cannot locate your spouse despite diligent efforts, request alternate service (for example, publication). Keep your proof of service.
Step 4: Track deadlines and disclosures.
A respondent generally has 21 days after service to respond. Exchange complete, organized financial information early; clean disclosures help settlement and prevent continuances.
Step 5: Settlement or hearing.
If you settle, submit a Marital Settlement Agreement, any child-related orders, and a proposed Judgment for the judge’s review. If issues remain, the court may schedule case management, mediation, and hearings.
Step 6: Final decree.
After review (and any required appearance), the judge signs a Judgment and Decree of Divorce covering property and debt division, spousal support if any, custody/parenting time, child support, and any name change. Obtain certified copies for records, benefits, and accounts.
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Do we need to be separated before filing in North Dakota?
No. There is no separation requirement to file; timing depends on service, disclosures, settlement, and the court’s calendar.
Which court handles divorces in North Dakota?
The North Dakota District Court in the county where either spouse resides.
How long does a North Dakota divorce take?
Uncontested cases can finalize after the response window and court review. Contested matters depend on discovery, mediation, and hearing dates.