Navigating Divorce in North Dakota: A User-Friendly Guide

Divorce can be a complex process, but understanding your state’s specific laws helps. This page aims to provide clear, helpful information about divorce in North Dakota. For more detailed resources and links, you’re in the right place.

Divorce Laws in North Dakota

North Dakota allows for no-fault divorce, where “irreconcilable differences” is the most common ground. To file, you or your spouse need to have lived in North Dakota for at least six months.

A distinctive aspect of North Dakota’s divorce law is a required reconciliation period if one spouse denies that irreconcilable differences exist. This is different from many states that don’t require such a period.

Process of Filing for Divorce

In North Dakota, the divorce process begins with filing a “Summons and Complaint” with your local district court. These documents then need to be legally served to your spouse. The state has specific forms and guidelines for this.

If both parties agree on all divorce terms, an uncontested divorce is possible. Contested divorces, where agreements are not reached, may require court hearings and negotiations.

Child Custody and Support

When it comes to child custody in North Dakota, the court’s primary concern is the child’s best interests. This includes considering the child’s relationship with each parent and the child’s adjustment to home, school, and community. Child support is determined using North Dakota’s child support guidelines, which consider both parents’ incomes and the number of children.

Alimony/Spousal Support

Alimony in North Dakota is not a given. Courts consider factors like the marriage’s length, each spouse’s financial circumstances, and their ability to support themselves. The aim is to ensure fair support, particularly in long-term marriages or when there’s a significant disparity in income.

Property Division

North Dakota follows equitable distribution in dividing marital property. This means that the court divides assets acquired during the marriage in a fair, though not always equal, manner. Factors influencing this division include each spouse’s contribution to the marriage and their future financial needs.

North Dakota Divorce Resources

For more information on divorce in North Dakota, check out resources like North Dakota Family Law Courts, state government websites, and legal aid services. These resources provide thorough guidance for your divorce proceedings.

Article: How Much Does a Divorce Cost in North Dakota

Required Forms for Divorce in North Dakota

Most required forms can be found on these two pages:

Contested Divorce:

Summons Form – Divorce or Separation
Complaint

Uncontested Divorce:

Forms 1 through 9
Form 10 (Optional)

Additional Forms (May be Required Depending on Your Situation):

Information on Suit Affecting the Family Relationship
Waiver of Service
Affidavit of Inability to Afford Payment of Court Costs
Agreed Order on Temporary Orders
Motion for Temporary Orders
Affidavit of Military Service
Final Decree of Divorce
Agreed Final Decree of Divorce
Motion for Entry of Default Judgment
Request for Hearing
Exhibit List
Statement of Assets and Liabilities
Child Support Worksheet: https://www.childsupport.dhs.nd.gov/services/review-and-adjustment-orders/estimate-support-amount
Proof of Service