North Dakota Century Code Title 14, Chapter 05 - Divorce

North Dakota recognizes seven grounds for divorce: adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, conviction of a felony, and irreconcilable differences. Irreconcilable differences is the no-fault ground used in the vast majority of filings. Fault-based grounds require the filing spouse to prove the other's misconduct.

Effective: 2024

Irreconcilable differences are defined as substantial reasons for not continuing the marriage that make it appear the marriage should be dissolved. This is North Dakota's no-fault ground — neither spouse must prove wrongdoing. The court determines whether the differences are substantial enough to warrant dissolution.

Effective: 2024

The filing spouse must be a resident of North Dakota for at least 6 months immediately before filing for divorce. If residency is not yet met at the time of filing, the court cannot grant the divorce until the 6-month requirement is satisfied. Military personnel stationed in North Dakota may satisfy the residency requirement through their posting.

Effective: 2024

For fault-based grounds of willful desertion, willful neglect, or habitual intemperance (substance abuse), the conduct must have continued for at least one year before the divorce can be granted on those grounds.

Effective: 2024

North Dakota is an equitable distribution state. When granting a divorce, the court must make an equitable distribution of all property and debts of the parties. All property — whether acquired before or during the marriage — is subject to division. Courts begin with a presumption of equal division but may depart based on the Ruff-Fischer guidelines, which consider marriage duration, age, health, earning ability, conduct during the marriage, and each spouse's financial and non-financial contributions including homemaking.

Effective: 2024

The valuation date for marital property and debt is the date mutually agreed upon by the parties. If they cannot agree, the default valuation date is 60 days before the initially scheduled trial date. If there is a substantial change in value between the valuation date and trial, the court may adjust the valuation to effect an equitable distribution.

Effective: 2024

When one spouse has a government pension in lieu of Social Security and the other receives Social Security, the court must compute the present value of Social Security benefits the pensioned spouse would have earned and subtract that amount from the pension's marital value. This prevents double-counting when dividing retirement assets between a government employee and a Social Security recipient.

Effective: 2024

Provides a streamlined process for transferring real estate ownership as part of a divorce property division. This allows the court to issue a summary judgment specifically for the disposition of real property without requiring a full trial on the real estate issue alone.

Effective: 2024

Property and debt listings filed in divorce proceedings are confidential. This protects sensitive financial information — including account numbers, balances, and valuations — from public disclosure. Exceptions exist for authorized parties and the court.

Effective: 2024

A money judgment entered to secure the equitable division of property in a divorce can be enforced through contempt proceedings. This gives the court the power to hold a non-complying spouse in contempt if they fail to pay amounts ordered as part of the property division.

Effective: 2024

Courts determine custody using 13 best-interest factors including: the love and emotional ties between each parent and child; each parent's ability to provide nurture and basic needs; stability and continuity of the child's environment; each parent's willingness to foster a relationship with the other parent; moral and physical fitness of the parents; the child's preference (if sufficiently mature); evidence of domestic violence; and any other relevant factors. No single factor is determinative, and there is no presumption favoring either parent.

Effective: 2024

When domestic violence is established, there is a rebuttable presumption against awarding residential responsibility to the abusive parent. The presumption can only be overcome by clear and convincing evidence that the arrangement best protects the child and the victim. The court must cite specific findings of fact. If necessary to protect the child, custody may be awarded to a suitable third person, with priority to the child's nearest suitable adult relative.

Effective: 2024

North Dakota requires parties in custody proceedings to submit a parenting plan to the court. The plan must address the residential schedule, decision-making responsibilities, and dispute resolution methods. Once approved by the court, the parenting plan becomes a binding court order that both parents must follow.

Effective: 2024

A parent with residential responsibility who intends to relocate must provide 60 days' written notice to the other parent. The notice must include the new address, reason for the move, and a proposed revised parenting schedule. The non-relocating parent may object, and the court will consider factors including the reason for the move, the impact on the child, and whether a modified parenting schedule can preserve the child's relationship with both parents.

Effective: 2024

The court shall award parental rights and responsibilities to the person, agency, or institution that will best promote the child's interests and welfare. Between the mother and father — whether married or unmarried — there is no presumption as to which parent will better serve the child's best interests. This gender-neutral standard applies to all custody determinations.

Effective: 2024

The court may award spousal support for a limited period of time. North Dakota recognizes rehabilitative support (to help a spouse gain education or training for self-sufficiency), general term support (when rehabilitation is not possible), and lump-sum support. Courts apply the Ruff-Fischer guidelines, considering the financial circumstances of both parties, duration of the marriage, earning abilities, standard of living, and the time needed for the dependent spouse to become self-supporting. There is no formula — judges have broad discretion.

Effective: 2024

Spousal support (except rehabilitative support) automatically terminates upon the recipient's remarriage. It also terminates if the court finds by a preponderance of the evidence that the recipient has been habitually cohabiting in a marriage-like relationship for at least one year. There is a rebuttable presumption that support ends when the paying spouse reaches full Social Security retirement age, though the court may continue it based on factors like the parties' ages, duration of dependency, health, and assets.

Effective: 2024

Both parents have a legal obligation to financially support their children. This duty applies to natural and adoptive parents and is not affected by a stepparent's liability. Child support is calculated under the North Dakota Child Support Guidelines (Administrative Code Chapter 75-02-04.1), which primarily consider the obligor's income — unlike the income shares model used by most states.

Effective: 2024

Child support continues until the child turns 18. However, if the child is still enrolled in and attending high school at age 18, support continues until the child graduates or turns 19, whichever comes first. The child must reside with the custodial parent. A child is considered enrolled during summer vacation if they were attending school in the immediately preceding term. Parties may agree to extend support beyond these limits.

Effective: 2024

All child support payments must be made through the North Dakota State Disbursement Unit (SDU). When the obligor is employed, income withholding is required — the employer deducts support from the parent's wages and forwards it to the SDU. Both parties must provide their social security number, address, employer information, and promptly report changes. Failure to pay can result in enforcement proceedings.

Effective: 2024

Provides the court with enforcement mechanisms for both spousal support and child support orders. A spouse who fails to comply with a court-ordered support obligation may face contempt proceedings and other enforcement remedies available under North Dakota law.

Effective: 2024

A marriage may be dissolved only by death of one of the parties or by a judgment of divorce from a court of competent jurisdiction. This establishes the legal framework that North Dakota divorces must go through the district court system.

Effective: 2024

The filing spouse must have resided in North Dakota for at least 6 months immediately before commencing the divorce action. The case must be filed in the district court of the county where the defendant resides. If the defendant lives out of state, the plaintiff may file in the county where the plaintiff resides.

Effective: 2024

While a divorce action is pending, the court may issue temporary orders for spousal support, child support, attorney's fees, and parental rights and responsibilities. The court may also include domestic violence protection provisions in the temporary order if the requesting party files a verified petition meeting the statutory criteria.

Effective: 2024

A divorce cannot be granted on the default of the defendant alone or solely on the admission of either party. The court requires affirmative evidence establishing the grounds for divorce. This protects against collusive divorces and ensures the court independently verifies the basis for dissolution.

Effective: 2024

When a divorce is granted and there are minor children, the court must make an order for the custody, support, and education of the children. The court may order either parent to pay an amount necessary for the support of the children as the court determines just and proper. Either parent may be required to pay suit costs and attorney's fees.

Effective: 2024

North Dakota offers a summary divorce procedure for couples whose combined net assets (excluding up to $100,000 in homestead value) are under $50,000. Summary divorces use simplified procedures with no formal discovery period and require only one informal court hearing. The section also addresses security for spousal support and disposition of the family homestead.

Effective: 2024

Any family or household member may file for a domestic violence protection order in district court, regardless of whether a divorce has been filed. The court must hold a hearing within 14 days. Protection orders can include provisions for no-contact, exclusive possession of the home, and temporary custody of children. As of January 1, 2026, Chapter 14-07.1 is being replaced by new Chapter 14-07.7 with updated civil protection order procedures.

Effective: 2024

If a court finds that a party's allegation of domestic violence in a divorce, custody, parenting time, or protection order proceeding is false and not made in good faith, the court must order the party who made the false allegation to pay the other party's court costs and reasonable attorney's fees incurred in responding to the allegation.

Effective: 2024

North Dakota adopted the Uniform Premarital and Marital Agreements Act, which governs the enforceability of prenuptial and postnuptial agreements. Agreements must be in writing and signed by both parties. A prenuptial agreement becomes effective upon marriage. North Dakota prohibits prenuptial provisions that limit a victim's right to seek justice for domestic violence, penalize either party for filing for divorce, or modify court-ordered separation terms.

Effective: 2024

Upon divorce, either spouse may request restoration of a former name. The name change can be included directly in the divorce decree, making it effective when the divorce is finalized. This is simpler and less expensive than filing a separate name change petition under Chapter 32-28.

Effective: 2024

North Dakota courts may recognize divorce decrees and annulments issued by foreign countries, subject to certain conditions. This provides a legal framework for validating divorces obtained outside the United States.

Effective: 2024

North Dakota adopted the UCCJEA, which determines which state has jurisdiction over child custody matters when parents live in different states. The child's 'home state' — where the child lived for 6 consecutive months before the proceeding — generally has jurisdiction. The Act also provides mechanisms for enforcing custody orders across state lines and prevents parents from forum-shopping between states.

Effective: 2024