Introduction
Filing for divorce is one of the most consequential legal decisions a person can make, affecting finances, family relationships, and daily life for years to come. If you are considering a divorce in North Dakota, understanding the state's specific laws and procedures is an essential first step toward protecting your rights and planning for the future.
North Dakota's divorce laws are governed primarily by North Dakota Century Code (N.D.C.C.) Chapter 14-05. The state allows both no-fault and fault-based grounds for divorce, follows equitable distribution principles for dividing marital property, and has no mandatory waiting period or separation requirement. This guide provides a comprehensive overview of everything you need to know about the divorce process in North Dakota — from initial filing to final decree.
Grounds for Divorce in North Dakota
North Dakota recognizes both no-fault and fault-based grounds for divorce under N.D.C.C. Chapter 14-05.
No-Fault Divorce
The most commonly used ground for divorce in North Dakota is no-fault, which simply requires the filing spouse to allege irreconcilable differences. This means the marriage has broken down to the point where the relationship cannot be repaired, and neither spouse is required to prove that the other did something wrong. No-fault divorce tends to be less adversarial and can make the process faster and less emotionally draining for both parties.
Fault-Based Divorce
North Dakota also permits fault-based grounds for divorce. While less commonly used today, a spouse may file on fault-based grounds such as:
- Adultery
- Extreme cruelty
- Willful desertion
- Willful neglect
- Habitual intemperance (substance abuse)
- Conviction of a felony
Filing on fault-based grounds requires the accusing spouse to present evidence supporting the claim. In some cases, proving fault may influence the court's decisions on property division or spousal support, although North Dakota courts primarily focus on equitable outcomes regardless of fault.
Residency Requirements
Before you can file for divorce in North Dakota, you must meet the state's residency requirements as set forth in N.D.C.C. § 14-05-17.
- The plaintiff (the spouse initiating the divorce) must have been a resident of North Dakota in good faith for at least six months before filing the complaint for divorce.
- The divorce action is typically filed in the district court of the county where either spouse resides.
If you have recently moved to North Dakota, you must wait until you have satisfied the six-month residency requirement before commencing your divorce action. "Good faith" residency means you must genuinely reside in the state — simply having a mailing address is not sufficient.
Property Division
North Dakota is an equitable distribution state. Under N.D.C.C. § 14-05-24, when a divorce is granted, the court must make an equitable distribution of the marital estate between the parties.
What Does Equitable Distribution Mean?
Equitable distribution does not necessarily mean a 50/50 split. Instead, the court divides property in a manner it deems fair and just based on the circumstances of the case. Importantly, North Dakota courts have the authority to distribute all property, regardless of whether it was acquired before or during the marriage, and regardless of whose name is on the title.
Factors the Court Considers
When dividing property, the court may consider a variety of factors, including but not limited to:
- The length of the marriage
- The age and health of each spouse
- Each spouse's earning capacity and financial circumstances
- Each spouse's contributions to the marital estate (including homemaking and child-rearing)
- The needs of any minor children
- Whether one spouse dissipated or wasted marital assets
- Any prenuptial or postnuptial agreements
- Tax consequences of the proposed division
Because North Dakota courts have broad discretion in dividing property, the outcome can vary significantly from case to case. It is strongly advisable to work with a family law attorney to ensure your financial interests are properly represented.
Debts
In addition to assets, the court also has the authority to allocate marital debts between the spouses. Mortgages, credit card balances, student loans, and other obligations will be assigned as the court sees fit based on the same equitable principles.
Child Custody and Parenting Time
When a divorcing couple has minor children, custody and parenting time become central issues. North Dakota courts determine custody based on the best interests of the child standard.
Types of Custody
- Legal custody refers to the right to make major decisions about the child's life, including education, healthcare, and religious upbringing.
- Physical custody (also called residential responsibility) refers to where the child lives on a day-to-day basis.
Custody can be awarded solely to one parent or shared jointly. North Dakota courts generally encourage both parents to remain actively involved in their children's lives and may award joint custody when it serves the child's best interests.
Best Interests Factors
Under North Dakota law, the court considers several factors in determining the best interests of the child, including:
- The love, affection, and emotional ties between each parent and the child
- Each parent's ability to provide love, affection, and guidance
- Each parent's ability to provide food, clothing, medical care, and a safe home
- The child's adjustment to home, school, and community
- The mental and physical health of all individuals involved
- The willingness of each parent to facilitate a relationship between the child and the other parent
- Any history of domestic violence or substance abuse
- The reasonable preference of the child, if the child is of sufficient maturity
Parenting Plans
Parents are encouraged to develop a detailed parenting plan that outlines the custody arrangement, visitation schedules, holiday schedules, and methods for resolving future disputes. If the parents cannot agree, the court will establish a plan.
Spousal Support (Alimony)
North Dakota courts have the discretion to award spousal support (alimony) to either spouse upon divorce. Spousal support is not automatic — it is determined on a case-by-case basis.
Types of Spousal Support
- Temporary support may be awarded during the pendency of the divorce proceedings.
- Rehabilitative support is designed to help a lower-earning spouse become self-sufficient, often by funding education or job training.
- Permanent support may be awarded in long-term marriages where one spouse cannot reasonably become self-supporting.
Factors Considered
The court may consider factors such as:
- The length of the marriage
- Each spouse's age, health, and earning capacity
- The standard of living established during the marriage
- The financial needs of each spouse
- The property division made as part of the divorce
- The contributions of one spouse to the other's education or career
Spousal support orders can typically be modified if there is a significant change in circumstances, unless the divorce decree specifies otherwise.
Filing Process
Here is a step-by-step overview of the divorce filing process in North Dakota:
Step 1: Meet Residency Requirements
Ensure the filing spouse has been a good-faith resident of North Dakota for at least six months.
Step 2: Prepare and File the Complaint
The filing spouse (plaintiff) prepares a Complaint for Divorce and files it with the clerk of district court in the appropriate county. The filing fee is approximately $160 (as of February 2026; verify with your local clerk, as fees may change).
Step 3: Serve the Other Spouse
The non-filing spouse (defendant) must be formally served with a copy of the complaint and a summons. Service must comply with North Dakota Rules of Civil Procedure and can typically be accomplished through personal service by a sheriff or process server.
Step 4: Response
The defendant generally has 21 days (or 60 days if served outside of North Dakota) to file an answer or responsive pleading. If the defendant fails to respond, the court may grant a default judgment.
Step 5: Discovery and Negotiation
Both parties exchange financial information and other relevant documents. Many couples are able to reach agreements on property division, custody, and support through direct negotiation, mediation, or collaborative law processes.
Step 6: Trial or Settlement
If the parties reach an agreement, they submit a stipulated settlement to the court for approval. If they cannot agree, the case proceeds to trial, where a judge will make final determinations on all contested issues.
Step 7: Final Decree
Once the court is satisfied that all issues have been resolved, it issues a Findings of Fact, Conclusions of Law, and Judgment — the final divorce decree. The marriage is officially dissolved at this point.
Timeline and Costs
Timeline
North Dakota has no mandatory waiting period or separation requirement, which means the divorce can proceed as soon as the paperwork is filed and served. However, the actual timeline depends on several factors:
- Uncontested divorces (where both spouses agree on all issues) can sometimes be finalized in as little as 30 to 90 days.
- Contested divorces (where disputes exist over property, custody, or support) can take several months to over a year, particularly if the case goes to trial.
Costs
- Filing fee: Approximately $160 (verify with your local clerk)
- Service of process fees: Typically $25–$75, depending on the method of service
- Attorney fees: Vary widely depending on the complexity of the case, the attorney's hourly rate, and whether the divorce is contested. Simple uncontested divorces may cost a few thousand dollars, while complex contested cases can cost significantly more.
- Mediation fees: If the parties use mediation, there will be additional costs, though mediation is often less expensive than a full trial.
Tips for a Smoother Divorce Process
- Organize your financial records early, including bank statements, tax returns, retirement account statements, and real estate documents.
- Consider mediation or collaborative divorce as alternatives to litigation. These approaches can save time, money, and emotional stress.
- Prioritize the children. If you have minor children, keep their best interests at the forefront of every decision.
- Consult with a family law attorney. Even if you expect the divorce to be straightforward, professional legal advice can help you avoid costly mistakes.
Legal Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and court procedures are subject to change, and individual circumstances can significantly affect legal outcomes. The information presented here is based on North Dakota law as of the date of publication and may not reflect the most recent legal developments. You should consult with a qualified North Dakota family law attorney to obtain advice tailored to your specific situation. No attorney-client relationship is created by reading this guide.