Divorce Resources in North Dakota: Court Forms, Legal Aid & Filing Guide

To file for divorce in North Dakota, you must have lived in the state for at least six months before commencing the action, as required by NDCC § 14-05-17. North Dakota recognizes both no-fault and fault-based grounds for divorce under NDCC § 14-05-03, including irreconcilable differences, adultery, extreme cruelty, willful desertion for one year, habitual intemperance for one year, and conviction of a felony. The filing fee is $160, effective July 1, 2025, under the fee schedule established by NDCC § 27-05.2-03. If you cannot afford the fee, you may file a Petition for Waiver of Filing Fees and Costs with a supporting Financial Affidavit. A fee waiver request is decided by the district court judge based on your demonstrated financial hardship.

North Dakota divorce begins when a Summons and Complaint are personally served on the defendant spouse — not when papers are filed with the court. The plaintiff prepares a Summons (which must be signed by a North Dakota clerk of court for self-represented parties) and a Complaint stating the grounds for divorce and relief requested. The plaintiff then arranges for personal service on the defendant through a sheriff, process server, or other authorized person. The clerk of court will not accept a divorce summons and complaint for filing without proof that service has already been completed on the defendant, as required under the North Dakota Rules of Civil Procedure. After service is proved, the documents are filed with the district court clerk.

The defendant has 21 days after the date of service to file a written Answer and optional Counterclaim under Rule 12, N.D.R.Civ.P.. If the defendant does not respond within 21 days, the plaintiff may request a default judgment. For agreed-upon divorces, both spouses complete all settlement paperwork together — including the Complaint, Settlement Agreement, Exhibit A Property and Debt Listing, Admission of Service, Affidavit of Proof, proposed Findings of Fact, and proposed Judgment — before filing everything simultaneously with the court. The court may grant a stipulated divorce without a hearing if all required documents are properly completed and filed together.

In contested cases, Rule 8.3 of the North Dakota Rules of Court governs case management. Within 30 days after service of the complaint, the parties must meet in person or electronically to prepare a joint informational statement and preliminary property and debt listing. The parties must exchange current paystubs, employment and income information, tax returns, pension information, and documentation for all assets, debts, and expenses. The court issues a scheduling order establishing deadlines for completing mediation or alternative dispute resolution, parent and divorce education classes, property and debt listings, parenting evaluations, and discovery. At least 14 days before trial, both parties must file a joint Confidential Property and Debt Listing using the Appendix E format and individual Pretrial Conference Statements using the Appendix D format.

North Dakota requires all divorcing parents with minor children to complete a parent/divorce education class. Under Rule 8.3 of the North Dakota Rules of Court, the court's scheduling order in every divorce case involving children includes a specific deadline for both parties to complete parent or divorce education. The court-approved program is "Parents Forever," a research-based course developed by the University of Minnesota Extension in partnership with the North Dakota University Extension Service. The course is 4 hours in length and covers the impact of divorce on children, effective co-parenting communication strategies, and techniques for reducing conflict during and after the divorce process. The court issues an Order of Assignment directing each parent to complete the course. Both online and in-person options may be available, though some courts or counties may require in-person attendance. Failure to complete the course by the deadline in the scheduling order may result in sanctions or delay of the divorce proceedings.

North Dakota operates a court-administered Family Law Mediation Program for divorce cases involving disputes over parental rights and responsibilities. Under Rule 8.1 of the North Dakota Rules of Court and NDCC Chapter 14-09.1, within 10 days of filing the Summons, Complaint, and proof of service, a contested divorce case with unresolved parenting issues may be referred to the Family Law Mediation Program. The program provides up to 6 hours of combined pre-mediation orientation and mediation at no cost to the parties. Each party individually attends a pre-mediation orientation and screening with a designated mediator, followed by at least one joint mediation session. If the parties need more than 6 hours, they may purchase additional sessions from the mediator at the hourly rate set annually by the state court administrator. Cases involving domestic violence are screened during the pre-mediation orientation, and mediation may be waived if it is not appropriate. The program focuses on parental rights, responsibilities, relocation disputes, and grandparent visitation issues. All mediation proceedings are confidential — mediators may not disclose details to any judge, magistrate, or third party.

North Dakota requires comprehensive financial disclosure in all divorce cases under Rule 8.3 of the North Dakota Rules of Court. Within 30 days after service of the complaint, both parties and their attorneys must meet to prepare a joint informational statement and a preliminary property and debt listing. At this meeting, parties must exchange at minimum: current paystubs, employment and income information, tax returns, preliminary pension information, and documentation for all assets, debts, and expenses. Each party must complete the Appendix B Financial Statement and Affidavit, which details monthly income and expenses for both spouses. At least 14 days before trial, parties must file a joint Appendix E Confidential Property and Debt Listing itemizing all real estate, business/farm assets, financial assets, retirement/pension assets, vehicles, household goods, and debts with market value estimates. Each party must also file an Appendix D Pretrial Conference Statement representing complete disclosure of all property interests and liabilities. North Dakota follows equitable distribution of marital property under NDCC § 14-05-24, meaning the court divides assets and debts fairly rather than equally.