Divorce in North Dakota

Overview of Divorce in North Dakota

North Dakota’s divorce laws are governed by the North Dakota Century Code (NDCC), Chapter 14-05. The state permits both no-fault and fault-based grounds for divorce, giving petitioners flexibility in how they pursue dissolution of marriage. North Dakota follows an equitable distribution framework for dividing marital property, meaning the court divides assets fairly but not necessarily equally.

For a broader understanding of the divorce process, see our complete guide to divorce.

Residency Requirements

Under NDCC Section 14-05-17, the plaintiff must have been a resident of North Dakota for at least six months before filing the complaint for divorce. The action is filed in the district court of the county where either party resides. North Dakota’s six-month requirement is moderate compared to many states, and the court will verify residency at the time the case proceeds to hearing.

Grounds for Divorce

North Dakota recognizes irreconcilable differences as a no-fault ground for divorce. Either spouse may file without proving wrongdoing by the other party. The court will grant the divorce if it finds that the marriage is irretrievably broken.

North Dakota also recognizes several fault-based grounds under NDCC Section 14-05-03:

• Adultery
• Extreme cruelty
• Willful desertion for one year
• Willful neglect for one year
• Habitual intemperance for one year
• Conviction of a felony
• Insanity for five years with confinement in an institution

Fault grounds are less commonly used but may influence property division and alimony determinations in certain cases.

Filing Fees and Costs

The filing fee for divorce in North Dakota ranges from approximately $80 to $130, depending on the county. Additional costs may include service of process fees and mediation costs if the parties opt for or are directed to mediation. Fee waivers are available for individuals who can demonstrate financial hardship through an application to proceed in forma pauperis.

Waiting Period

North Dakota does not impose a mandatory waiting period after filing before the court can enter a final divorce decree. In uncontested cases where the parties have reached agreement, the divorce can proceed to final hearing relatively quickly once all required paperwork and disclosures have been completed. Contested cases take longer depending on the complexity of the issues.

Property Division

North Dakota follows the equitable distribution model under NDCC Section 14-05-24. The court divides all marital property in a manner that is fair and just, considering:

• The length of the marriage
• The age and health of each party
• The earning capacity and financial circumstances of each party
• The contribution of each party to the acquisition of marital property, including homemaker contributions
• The needs of the custodial parent to remain in the marital home
• The tax consequences of the proposed division
• Whether property was acquired before or during the marriage

North Dakota courts consider all property owned by either spouse, regardless of when or how it was acquired. The court has broad discretion to allocate property in a manner it deems equitable, and the division need not be equal.

Alimony (Spousal Support)

Under NDCC Section 14-05-24.1, the court may award spousal support to either party. The court evaluates the length of the marriage, the age and health of each spouse, earning capacity, financial needs and obligations, the property division, contributions to the other spouse’s education, the standard of living during the marriage, and tax consequences. North Dakota recognizes permanent, rehabilitative, temporary, and lump-sum forms of spousal support.

The Divorce Process

A typical North Dakota divorce proceeds as follows:

1. Filing the complaint. One spouse files a complaint for divorce in district court and pays the filing fee.
2. Service of process. The respondent is served with the complaint and summons.
3. Response. The respondent has 21 days to file an answer.
4. Discovery and disclosure. Both parties exchange financial information and relevant documents.
5. Negotiation or mediation. The parties may attempt to settle disputes through negotiation or mediation.
6. Trial or settlement. If the parties reach agreement, they submit a stipulated judgment. Otherwise, the case proceeds to trial.
7. Final decree. The court enters the judgment of divorce.

Uncontested divorces in North Dakota typically take two to four months. Contested cases may take six months to two years or more.

When to Consult an Attorney

North Dakota’s equitable distribution framework and the availability of both fault and no-fault grounds create strategic considerations in many cases. Whether your divorce is straightforward or involves complex property or custody issues, consider scheduling a free consultation with a family law attorney to understand your rights under North Dakota law.