NORTH DAKOTA DIVORCE GUIDE

How to File for Divorce in North Dakota
Without a Lawyer

Filing for divorce in North Dakota without an attorney costs $80 in court fees. You must meet the residency requirement of 6 months in North Dakota. North Dakota is a equitable distribution state. An uncontested divorce typically takes 1-2 months. Victoria AI guides you through every step with North Dakota-specific instructions.

$80
Filing Fee
None
Waiting Period
6 months in North Dakota
Residency
1-2 months
Timeline

Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team

North Dakota Divorce Requirements at a Glance

Filing Fee$80 (The filing fee is approximately $80—one of the lowest in the United States.)
Residency Requirement6 months in North Dakota
Waiting PeriodNone
Property DivisionEquitable Distribution (fair, not equal)
Grounds for DivorceIrreconcilable differences (no-fault), Adultery, Extreme cruelty, Willful desertion, Willful neglect, Habitual intemperance, Conviction of felony
No-Fault Only?No (fault grounds available)
Uncontested Timeline1-2 months
Contested Timeline6 months to 2+ years
Fee Waiver Available?Yes
~2,800
Divorces per year in North Dakota
~60%
Pro se filers
2-3 months (uncontested)
Average duration
$80
Median filing fee

North Dakota Residency Requirements

To file for divorce in North Dakota, you must meet the following residency requirement: 6 months in North Dakota.

At least one spouse must have been a resident of North Dakota for at least 6 months before filing for divorce.

Tip: Victoria AI can help you determine if you meet North Dakota's residency requirements and guide you through the documentation needed to prove residency.

How to File for Divorce in North Dakota: Step-by-Step

Follow these steps to file for divorce in North Dakota without an attorney. Victoria AI guides you through each step with state-specific instructions.

STEP 1

Meet Residency Requirements

At least one spouse must have been a resident of North Dakota for at least 6 months before filing for divorce.

STEP 2

Gather Required Forms

Download the official North Dakota divorce forms: Complaint for Divorce, Summons, Financial Statement. All forms are available from the North Dakota courts website.

STEP 3

Complete Your Petition

Fill out the divorce petition (SFN 2045) with your information, grounds for divorce, and what you're requesting (property division, custody, support).

STEP 4

File with the Court

File your completed petition with the North Dakota court and pay the filing fee of $80. Fee waivers are available if you qualify financially.

STEP 5

Serve Your Spouse

Properly serve your spouse with the divorce papers according to North Dakota rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.

STEP 6

Complete Financial Disclosure

Exchange mandatory financial disclosure documents as required by North Dakota law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.

STEP 7

Wait for Response & Complete Waiting Period

North Dakota has no mandatory waiting period. Once all requirements are met and paperwork is complete, the divorce can be finalized.

STEP 8

Finalize Your Divorce

Submit your final judgment to the court. For uncontested divorces in North Dakota, this typically takes 1-2 months. The court will issue your final divorce decree.

Required Forms for North Dakota Divorce

These are the primary forms you'll need to file for divorce in North Dakota. Victoria AI guides you through completing each form correctly.

Complaint for Divorce

SFN 2045

Initiates divorce

Summons

Standard form

Notifies spouse

Financial Statement

Required

Financial disclosure

Judgment of Divorce

Court form

Final judgment

North Dakota Divorce Costs & Filing Fees

The filing fee to start a divorce in North Dakota is $80. The filing fee is approximately $80—one of the lowest in the United States.

Cost TypeAmount
Court Filing Fee$80
Service of Process$50-$100 (varies by method)
Certified Copies$5-$25 per copy
Total DIY Uncontested$150-$700 (uncontested DIY)

Fee Waiver Available in North Dakota

If you cannot afford the filing fee, North Dakota offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.

Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.

Serving Your Spouse in North Dakota

After filing your divorce petition in North Dakota, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.

Acceptable Methods of Service in North Dakota

Personal Service

A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.

Certified Mail

Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.

Acceptance of Service

Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.

Service by Publication

If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.

Important: Proof of Service

You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. North Dakota courts are strict about service requirements.

Property Division in North Dakota

Equitable Distribution State

North Dakota is a equitable distribution state.

North Dakota divides marital property equitably. The court considers length of marriage, age, health, earning capacity, estate, and conduct of parties. The starting point is equal division, with adjustments as needed.

Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how North Dakota law applies to your specific property.

Child Support in North Dakota

North Dakota uses the Income shares model per ND Child Support Guidelines.

North Dakota uses income shares guidelines. Combined net incomes of both parents determine the basic support, allocated based on each parent's share of income and custody arrangement.

Spousal Support Factors in North Dakota

  • Age and health of the parties
  • Earning capacity and education
  • Needs and financial resources
  • Property distribution
  • Duration of marriage
  • Standard of living during marriage
  • Time needed for education/training

North Dakota Divorce Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for your North Dakota divorce.

Uncontested Divorce

1-2 months

When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.

Contested Divorce

6 months to 2+ years

When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.

Typical North Dakota Divorce Timeline (Uncontested)

1

File Petition

Day 1 - Submit your divorce paperwork and pay the $80 filing fee

2

Serve Your Spouse

Within 30 days - Ensure proper legal service of divorce papers

3

Response Period

20-30 days - Your spouse has time to file a response

4

Waiting Period

None - North Dakota has no mandatory waiting period. Once all requirements are met and paperwork is complete, the divorce can be finalized.

5

Final Judgment

Court issues your final divorce decree

Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.

What Makes North Dakota Divorce Unique

One of lowest filing fees in U.S. ($80)

No waiting period

Both fault and no-fault grounds

Starting point is equal property division

Strong self-help court resources

Key North Dakota Divorce Laws

  • NDCC §14-05-03Grounds for Divorce
  • NDCC §14-05-24Division of Property
  • ND Child Support GuidelinesChild Support

North Dakota Divorce FAQ

Common questions about filing for divorce in North Dakota without an attorney.

Victoria AI Knows North Dakota Divorce Law

Get 24/7 guidance specific to North Dakota's forms, procedures, and requirements.

North Dakota-specific forms

Guidance through every required form

Financial disclosure wizard

Complete your financial affidavit step-by-step

Child support calculator

Using North Dakota's exact guidelines

AI document drafting

Create properly formatted legal documents

Evidence notebook

Organize and categorize case documents

24/7 AI guidance

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Not Legal Advice

Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.

Official Sources

All North Dakota divorce information verified from official state court sources.

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