North Dakota Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

30 to 60 days for uncontested divorces where both spouses agree on all issues, 6 to 12 months for contested cases requiring discovery, mediation, and trial in North Dakota. North Dakota has no mandatory waiting period after filing. Summary divorces under Rule 8.5 (combined net assets under $50,000) may conclude in 60 to 90 days. The key procedural milestones are: service of complaint (Day 1), mandatory Rule 8.3 meeting (within 30 days of service), filing with court (within 7 days after meeting), respondent's answer deadline (21 days after service), and scheduling order (within 30 days after filing).

Documents to Gather

Certified Marriage Certificate
Valid Government-Issued Photo ID
Social Security Cards
Birth Certificates for Minor Children
Prenuptial or Postnuptial Agreement(if applicable)
Prior Divorce Decrees(if applicable)
Domestic Violence Protection Orders(if applicable)

Financial Documents

Last 3 Years of Federal and State Income Tax Returns
Current Pay Stubs (Last 3 Months)
Bank Statements (Last 12 Months)
Retirement and Pension Account Statements
Investment and Brokerage Account Statements
Real Estate Documents
Vehicle Titles and Loan Statements
Credit Card and Debt Statements
Business Financial Records(if applicable)
Health, Life, and Auto Insurance Policies
Social Security Benefits Statements(if applicable)

Key Steps

1. Before Filing

Verify Residency Requirements
Determine Which Divorce Process Applies
Gather Essential Personal and Financial Information
Assess Safety Concerns and Obtain Protective Orders if Needed

2. Filing Process

Prepare the Summons and Complaint for Divorce
Serve the Summons and Complaint on Your Spouse
Conduct the Mandatory Rule 8.3 Compulsory Meeting
File the Complaint and Supporting Documents with the Court

3. After Filing

Wait for Respondent's Answer Within 21 Days
Complete Financial Disclosure and Discovery
Complete Parenting Education Course (If Children Are Involved)
Participate in Mediation or Alternative Dispute Resolution
Attend the Pretrial Conference and Trial or Final Hearing
Obtain and File the Final Divorce Decree

Key Deadlines

Mandatory Rule 8.3 Compulsory MeetingWithin 30 days after service of the complaint

File Complaint and Informational Statement with CourtWithin 7 days after the compulsory meeting

Respondent Must Serve Written Answer21 days after service of summons and complaint

Court Issues Scheduling OrderWithin 30 days after informational statement is filed

ADR Statement FilingWithin 60 days of filing or 15 days before initial pretrial conference

Pretrial Conference Statement DueAt least 14 days before the pretrial conference

Motion for Default Judgment (If No Answer Filed)After 21-day answer period expires with no response

Quick Reference

To file for divorce in North Dakota, you must first establish that at least one spouse has been a resident for six consecutive months under N.D.C.C. Section 14-05-17. North Dakota's process is unique: you serve the summons and complaint on your spouse before filing with the court. The filing fee is $160.00, and fee waivers are available for those who qualify financially. Within 30 days of service, both parties must attend a mandatory Rule 8.3 compulsory meeting to prepare a Joint Informational Statement and Preliminary Property and Debt Listing, exchanging financial documents including pay stubs, tax returns, and pension information. The complaint must be filed with the court within 7 days after this meeting. The defendant has 21 days from service to file an Answer. North Dakota has no mandatory waiting period, so uncontested cases typically conclude in 30 to 60 days. Contested cases involving property disputes or custody issues generally take 6 to 12 months. The court divides property under equitable distribution principles. For free legal help, contact Legal Services of North Dakota at 1-800-634-5263 or Dakota Plains Legal Services at 605-342-7171.