How to File for Divorce in North Dakota

Complete guide to North Dakota divorce process, forms, and requirements for 2025
No Waiting Period
$80 Filing Fee
6-Month Residency

Steps to File for Divorce in North Dakota

1

Meet Residency Requirements

One spouse must have been a North Dakota resident for at least 6 months before filing.
2

File the Complaint

File a Complaint for Divorce with the District Court. ND allows no-fault (irreconcilable differences) and fault-based grounds.
3

Serve Your Spouse

Your spouse must be served with the complaint. They have 21 days to respond.
4

Complete Disclosures

Exchange financial disclosures including property, debts, and income information.
5

Attend Hearings

Attend any required hearings. Mediation may be available for contested issues.
6

Finalize the Divorce

North Dakota has no mandatory waiting period. Uncontested cases can finalize relatively quickly.

North Dakota Divorce Requirements

Residency Requirement

6 Months
One spouse must have been a North Dakota resident for at least 6 months.

Waiting Period

None
North Dakota has no mandatory waiting period after filing for divorce.

Filing Fees

$80
Filing fee is approximately $80. One of the lowest in the nation. Fee waivers available.

Required North Dakota Divorce Forms

Complaint for Divorce
Primary form to initiate divorce
Summons
Notice to respondent
Financial Declaration
Income and assets disclosure
Parenting Plan
Custody arrangement if applicable
Findings and Conclusions
Court findings for judgment

Filing Options in North Dakota

In-Person Filing

  • File at District Court Clerk
  • County courthouse
  • Self-help center available
  • Pay fee at filing
  • Get file-stamped copies

E-Filing

  • ND Court E-Filing System
  • File from any location
  • Electronic fee payment
  • Track case online
  • Receive notifications

Contested vs. Uncontested Divorce in North Dakota

Uncontested Divorce

  • Both spouses agree
  • No waiting period
  • Summary judgment possible
  • Brief hearing
  • Lower costs
  • Faster process

Contested Divorce

  • Spouses disagree
  • Takes longer
  • Discovery required
  • Multiple hearings
  • May need trial
  • Higher costs

Important Things to Know

North Dakota follows equitable distribution and has one of the lowest filing fees in the country at $80. Summary judgment is available for uncontested divorces, making the process faster.

North Dakota-Specific Considerations

  • North Dakota is an equitable distribution state
  • No mandatory waiting period
  • 6-month residency requirement
  • Summary judgment available for uncontested
  • Parenting education may be required

Ready to Start Your North Dakota Divorce?

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