Divorce Laws in North Dakota: Complete 2026 Guide

North Dakota allows both no-fault and fault-based grounds for divorce under N.D.C.C. Chapter 14-05. The most common ground is no-fault, which requires only that the filing spouse allege 'irreconcilable differences' — defined as substantial reasons for not continuing the marriage that make it appear the marriage should be dissolved (N.D.C.C. § 14-05-09.1). The plaintiff does not need to prove that either spouse did anything wrong; they need only claim that the marriage has irretrievably broken down. In addition to no-fault grounds, North Dakota provides several fault-based grounds for divorce. These include: adultery (N.D.C.C. § 14-05-04), extreme cruelty (N.D.C.C. § 14-05-05), willful desertion for one year (N.D.C.C. § 14-05-06), willful neglect for one year (N.D.C.C. § 14-05-07), habitual intemperance (abuse of alcohol or controlled substances) for one year (N.D.C.C. § 14-05-08), and conviction of a felony (N.D.C.C. § 14-05-10). For desertion, neglect, and intemperance, the offending conduct must have continued for at least one year before it qualifies as grounds (N.D.C.C. § 14-05-09). Fault-based divorces are extremely uncommon in North Dakota and are considerably more complex and costly to pursue. The filing spouse must present evidence proving the other spouse's misconduct, which can involve challenging evidentiary requirements. It is also important to know that if a spouse 'condones' (forgives) the other's misconduct and resumes the marital relationship, the forgiven conduct may no longer serve as grounds for divorce. While fault may be considered by the court in property division and spousal support determinations, most North Dakota divorces proceed on no-fault irreconcilable differences grounds for simplicity and efficiency. If you are considering filing on fault grounds, it is strongly advisable to consult a licensed North Dakota family law attorney, as the ND Legal Self Help Center does not provide forms or guidance for fault-based divorces.

Under N.D.C.C. § 14-05-17, the plaintiff (the spouse filing for divorce) must be a resident of North Dakota in good faith for at least six months before a divorce may be granted. Specifically, the statute provides two pathways: (1) the plaintiff has been a resident of North Dakota for six months immediately before commencing the divorce action, or (2) if the plaintiff has not yet met the six-month requirement at the time of filing, the court may still accept the filing but cannot grant the divorce decree until the plaintiff has been a North Dakota resident for six months continuously preceding the entry of the decree. This means you can begin the divorce process before completing the full six-month residency period, but the court will wait to finalize your divorce until the requirement is met. For example, if you move to North Dakota on January 1 and file for divorce on April 1, the court may not issue your final divorce decree until at least July 1. Your spouse does not need to be a North Dakota resident. The divorce action must generally be filed in the North Dakota State District Court in the county where the defendant (non-filing spouse) resides. If the defendant lives out of state, you may file in the county where you, the plaintiff, reside (N.D.C.C. § 28-04-05). Military personnel stationed in North Dakota, along with their spouses, are considered residents for purposes of the divorce residency requirement. You do not need to have been married in North Dakota to get a divorce in the state — only the residency requirement must be satisfied.

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 property and debts of the parties. 'Equitable' means fair, not necessarily equal. The court begins with a presumption of equal division but may deviate based on the specific circumstances of the case. North Dakota is considered a 'kitchen sink' jurisdiction, meaning that all property held by either spouse — whether acquired before or during the marriage, and whether held jointly or individually — is considered part of the marital estate subject to distribution. To determine what constitutes a fair division, North Dakota courts apply the Ruff-Fischer guidelines, derived from the landmark cases Ruff v. Ruff (1952) and Fischer v. Fischer (1966). The Ruff-Fischer factors include: (1) the respective ages of the parties; (2) each party's earning ability; (3) the duration of the marriage and the conduct of the parties during the marriage; (4) their station in life; (5) the circumstances and necessities of each party; (6) the health and physical condition of each party; (7) the financial circumstances as shown by the property owned at the time of divorce, its value, income-producing capacity, and whether it was accumulated before or after the marriage; and (8) any other matters the court finds material. No one factor is controlling — the judge weighs all factors together. All types of property are subject to division, including real property (such as the family home), personal property, financial accounts, retirement plans, pensions, and debts. The valuation date for marital property and debt is either mutually agreed upon by the parties or, if not agreed, set at 60 days before the initially scheduled trial date. The court may also consider fault in the property division. If a retirement account or pension is divided, a Qualified Domestic Relations Order (QDRO) will typically be required. Spouses are encouraged to reach their own property settlement agreements through negotiation or mediation, which the court will generally approve as part of the final divorce decree.

Spousal support (alimony) in North Dakota is governed by N.D.C.C. § 14-05-24.1. The statute provides that the court may require one party to pay spousal support to the other 'for a limited period of time,' upon finding that the requesting spouse lacks sufficient property or income to meet reasonable needs considering the marital standard of living, and that the paying spouse can afford to pay without undue economic hardship. Spousal support is gender-neutral — either spouse may request it. North Dakota courts recognize three general types of spousal support: (1) Temporary support — available after the divorce petition is filed but before the divorce is finalized (N.D.C.C. § 14-05-23), intended to ensure neither spouse is financially destitute during the proceedings; (2) Rehabilitative support — designed to help the disadvantaged spouse obtain education, training, or work experience to become self-supporting; and (3) Permanent support — intended for spouses who cannot become self-supporting, though the term is somewhat misleading as it typically has a set duration. The North Dakota Supreme Court has recognized a preference for rehabilitative support over permanent support. There is no specific formula for calculating spousal support; instead, the court applies the Ruff-Fischer guidelines, considering factors such as each spouse's age, earning ability, the duration and conduct of the marriage, station in life, needs and circumstances, health, and financial circumstances. Importantly, under the 2015 amendments to N.D.C.C. § 14-05-24.1, spousal support (other than rehabilitative support) automatically terminates upon remarriage of the recipient or habitual cohabitation with a romantic partner in a relationship analogous to marriage for one year or more. Rehabilitative support is not subject to termination for remarriage or cohabitation. Fault-based conduct, such as adultery or dissipation of marital assets, may be considered by the court when determining spousal support awards. The court retains the authority to modify spousal support orders as circumstances change.

In North Dakota, child custody is referred to as 'parental rights and responsibilities,' which includes two components: 'residential responsibility' (physical custody — where the child lives) and 'decision-making responsibility' (legal custody — who makes major decisions about the child's upbringing). Under N.D.C.C. § 14-09-29, the court must award parental rights based on the best interests and welfare of the child, and there is no presumption favoring either the mother or the father. When parents cannot agree on a parenting plan, the court determines custody by evaluating the 'best interest of the child' factors set forth in N.D.C.C. § 14-09-06.2. These 13 factors include: the love, affection, and emotional ties between each parent and the child; each parent's ability to provide nurture, love, affection, and guidance; the ability to provide adequate food, clothing, shelter, medical care, and a safe environment; the child's developmental needs; the stability of each parent's home environment; the willingness of each parent to facilitate a close and continuing relationship between the child and the other parent; evidence of domestic violence; the moral and mental health fitness of each parent as it impacts the child; the child's integration into family and community; and, if the child is sufficiently mature, the reasonable preference of the child. North Dakota courts encourage parents to reach their own agreements through negotiation or mediation. In contested custody cases, the court may refer the matter to the Family Mediation Program, which provides up to six hours of combined pre-mediation orientation and mediation at no cost. The court may also appoint a guardian ad litem (an attorney for the child) or order a parenting investigation. Residential responsibility can be sole (child lives primarily with one parent), joint (child splits time between both parents), or split (siblings divided between parents). Courts generally prefer joint decision-making responsibility and co-parenting arrangements. Modifications to custody orders are generally not permitted within the first two years unless there are limited exceptions, and any modification after that period requires a material change in circumstances and must be in the child's best interests.

The divorce filing process in North Dakota depends on whether the divorce is uncontested (both spouses agree on all issues) or contested (spouses cannot agree). For an uncontested divorce, both spouses complete and sign all necessary settlement agreement paperwork together, including the Complaint for Divorce, a Settlement Agreement, and the Exhibit A: Confidential Division of Property & Debt & Values. If the divorce involves minor children, additional forms are required (designated with 'DWC' codes), including a parenting plan and child support calculations. Forms are available through the North Dakota Courts Legal Self Help Center at ndcourts.gov. After filing the complete packet with the District Court clerk and paying the filing fee, the judge reviews the documents and may grant the divorce without a hearing. For a contested divorce, one spouse (the Plaintiff) initiates the action by preparing and serving a Summons and Complaint on the other spouse (the Defendant). North Dakota has a unique procedure: in contested cases, the Plaintiff serves the summons and complaint first, then the parties must meet within 30 days after service to prepare a joint informational statement and preliminary property/debt listing. Within 7 days after that meeting, the complaint and informational statement must be filed with the court. The Defendant has 21 days after service to file a written answer and counterclaim. If the Defendant fails to respond, the Plaintiff may seek a default judgment. After filing, the court will issue a scheduling order, and the case proceeds through discovery, possible mediation (mandatory for disputed custody issues), and pre-trial conferences before potentially going to trial. The filing fee for a divorce petition in North Dakota is $160 as of July 1, 2025 — the first increase since 1995. If you cannot afford the filing fee, you may file a Petition for Order Waiving Fees and Financial Affidavit asking the court to waive costs based on financial hardship. Additional costs may include service of process fees, notary charges, and copy fees. For a fully uncontested case without an attorney, total out-of-pocket costs are typically $200–$400. Contested cases with attorney representation can cost $5,000–$15,000 or more per party. All divorce cases in North Dakota are handled by the North Dakota State District Courts. North Dakota's court system is unified, with the District Court serving as the state's general jurisdiction trial court. There are 53 counties in North Dakota organized into multiple judicial districts, each with its own District Court. Divorce actions must be filed in the District Court of the county where the defendant resides, or in the county where the plaintiff resides if the defendant lives out of state (N.D.C.C. § 28-04-05). Within the District Court system, divorce and family law matters — including property division, spousal support, child custody, child support, and domestic violence protection orders — are all handled by District Court judges or judicial referees. Judicial referees are appointed by the court and have authority to hear certain family law matters, make findings, and issue recommendations to the presiding judge. Some districts may have dedicated family law divisions, while in less populated areas a single judge may handle all civil matters including divorces. Appeals from District Court divorce decisions are heard by the North Dakota Supreme Court, which is the state's only appellate court. North Dakota does not have an intermediate court of appeals. The Supreme Court reviews divorce-related appeals under the 'clearly erroneous' standard for findings of fact and considers whether the trial court properly applied the law. The North Dakota Supreme Court has issued numerous landmark decisions interpreting divorce statutes, including the foundational Ruff v. Ruff and Fischer v. Fischer cases that established the Ruff-Fischer guidelines used in property division and spousal support determinations.

North Dakota does not impose a mandatory waiting period or cooling-off period after filing for divorce. Unlike many other states that require a specific number of days between filing and the final decree, North Dakota allows a divorce to be granted as soon as the procedural requirements are met and a judge is available to review and sign the decree. There is also no separation requirement — spouses are not required to live apart for any period before filing. The primary timing factor in North Dakota is the six-month residency requirement under N.D.C.C. § 14-05-17. The court cannot grant a divorce until the plaintiff has been a resident of North Dakota for six consecutive months. If the plaintiff has not yet met this requirement at the time of filing, the action may proceed but the decree cannot be entered until the six-month threshold is reached. For uncontested divorces where both spouses agree on all issues and submit complete paperwork, the process can move relatively quickly. After filing, if all documents are in order, a judge may approve the divorce without a hearing, and finalization could occur within one to three months depending on the court's calendar. For contested divorces, the timeline is substantially longer — typically six months to over a year — as the case must proceed through discovery, possible mediation, scheduling conferences, and potentially trial. North Dakota also has no waiting period for remarriage after divorce, unless a specific waiting period is included in the divorce decree (N.D.C.C. § 14-05-02).