North Dakota Divorce Petition

Q: What is a divorce petition in North Dakota?

A divorce petition is the written document that opens a divorce case and asks the court to end the marriage. In North Dakota this document is called a Complaint, not a Petition, and it is filed as a Summons and Complaint for Divorce. The spouse who files is the Plaintiff, and the other spouse is the Defendant.

Q: What is the difference between a divorce petition and a dissolution of marriage in North Dakota?

In North Dakota there is no separate 'dissolution of marriage' procedure. The state calls the action a 'divorce,' and you start it with a Complaint rather than a Petition. Some other states use 'dissolution' as their term for the same process or file a 'Petition' to begin it, but in North Dakota you file a Summons and Complaint for Divorce in district court, and the case is simply a divorce.

Q: What are the grounds for divorce in North Dakota?

North Dakota offers both no-fault and fault grounds. The no-fault ground is 'irreconcilable differences' (N.D. Cent. Code § 14-05-03(7), defined in § 14-05-09.1 as those grounds the court determines to be substantial reasons for not continuing the marriage). Fault grounds under § 14-05-03 include adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, and conviction of a felony.

Q: Do we have to be separated before filing in North Dakota?

No. North Dakota does not require the spouses to live separate and apart for any period before filing. You can file the Summons and Complaint for Divorce while still living in the same home.

Q: How much does it cost to file a divorce petition in North Dakota?

The initial filing fee in North Dakota is $80, the district court civil filing fee paid to the clerk of district court when you file the Summons and Complaint for Divorce. A filer who cannot afford the fee may ask the court to waive it.

Q: How is property divided in a North Dakota divorce?

North Dakota follows equitable distribution under N.D. Cent. Code § 14-05-24. The district court makes an equitable distribution of the parties' real and personal property that is fair under the circumstances, which means the court weighs the couple's full financial picture rather than applying an automatic fifty-fifty split.

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Introduction

In North Dakota, the pleading that opens a divorce case is the Complaint, not a Petition, filed together with a Summons as the Summons and Complaint for Divorce and used to ask the district court to legally end the marriage. Because the state files a Complaint, the spouse who starts the case is the Plaintiff and the responding spouse is the Defendant, though the document serves the same purpose a petition does elsewhere. North Dakota requires the Plaintiff to have been a resident of the state for six months next preceding entry of the divorce decree under N.D. Cent. Code § 14-05-17, and that residency may be established during the pendency of the action so long as it is satisfied before the decree is entered. The state sets no statutory mandatory waiting period between filing and the decree, and it does not require spouses to live separate and apart beforehand. A divorce may proceed on the no-fault ground of irreconcilable differences under § 14-05-03(7), defined in § 14-05-09.1 as substantial reasons for not continuing the marriage, or on fault grounds under § 14-05-03 such as adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, or conviction of a felony. The Plaintiff files the Complaint in the North Dakota District Court for the county where either party resides.

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Key Things to Know

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Definition: North Dakota opens a divorce with a Complaint rather than a Petition, filed alongside a Summons as the Summons and Complaint for Divorce, and this pleading is what a spouse submits to start the case. The filing spouse is the Plaintiff, the responding spouse is the Defendant, and the action is a divorce, not a dissolution of marriage.
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Residency: Under N.D. Cent. Code § 14-05-17, the Plaintiff must have been a North Dakota resident for six months next preceding entry of the decree. You may establish that residency while the action is pending, but you must satisfy it before the court enters the decree.
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Grounds: A divorce may rest on the no-fault ground of irreconcilable differences (§ 14-05-03(7), defined in § 14-05-09.1 as substantial reasons for not continuing the marriage) or on fault grounds under § 14-05-03: adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, and conviction of a felony.
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Waiting period and separation: None of either. North Dakota imposes no statutory mandatory waiting period between filing the Complaint and entry of the decree, and it does not require spouses to live separate and apart for any period before filing.
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Property: North Dakota is an equitable-distribution state. Under N.D. Cent. Code § 14-05-24, the district court makes an equitable distribution of the real and personal property of the parties that is fair under the circumstances rather than an automatic fifty-fifty split.
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Forms, terminology, and court: North Dakota initiates the case with a Summons and Complaint for Divorce, a Complaint rather than a Petition. The action is a 'divorce,' not a 'dissolution of marriage,' and the North Dakota District Court for the county where either party resides hears it.
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Fee: The district court civil filing fee is $80, paid to the clerk of district court when you file the Summons and Complaint for Divorce. A filer who cannot afford the fee may ask the court to waive it.

Key decisions before you file

Before you file a Divorce Petition in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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Filing for Divorce in North Dakota

North Dakota calls the case a "divorce," not a "dissolution of marriage," and it starts with a Summons and Complaint for Divorce. Unlike states that file a "Petition," North Dakota uses a Complaint. The spouse who files is the Plaintiff, and the responding spouse is the Defendant. Review how to prepare your opening document (/legal-document/divorce-petition) before you take it to the courthouse.

Where You File

You file in the North Dakota District Court for the county where either party resides. There is no separate family court, so the district court handles the divorce from Complaint through decree. The civil filing fee is $80, paid to the clerk of district court when you file the Summons and Complaint. A filer who cannot afford the $80 fee may ask the court to waive it. After filing, you must serve the Defendant with the Summons and Complaint.

Residency

Before the court can enter a decree, N.D. Cent. Code § 14-05-17 requires the Plaintiff to have been a North Dakota resident for six months next preceding entry of the decree. Residency may be established while the action is pending, so you do not have to complete the six months before filing. You must satisfy it before the court enters the decree.

No Waiting Period, No Separation

North Dakota sets no statutory mandatory waiting period between filing and entry of the divorce decree. The state also does not require spouses to live separate and apart for any period before filing. Once the six-month residency is met and the parties resolve the issues, the district court can proceed to decree without a legislated cooling-off delay.

Grounds

A North Dakota divorce may rest on no-fault or fault grounds. The no-fault ground is irreconcilable differences under § 14-05-03(7), which § 14-05-09.1 defines as substantial reasons for not continuing the marriage that make it appear the marriage should be dissolved. Fault grounds under § 14-05-03 include adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, and conviction of a felony. Most filers choose irreconcilable differences, which requires no proof of wrongdoing.

Dividing Property

North Dakota follows equitable distribution. Under N.D. Cent. Code § 14-05-24, the district court makes an equitable distribution of the real and personal property of the parties. Equitable means fair under the circumstances rather than an automatic fifty-fifty split, so the court weighs the couple's full financial picture when it allocates assets and debts.

Putting It Together

For most North Dakota filers the path is direct. Confirm the Plaintiff will meet the six-month residency by decree, choose irreconcilable differences or a fault ground under § 14-05-03, file the Summons and Complaint for Divorce with the district court clerk, and pay the $80 fee. With no waiting period and no separation requirement, the timeline turns mainly on residency and how quickly the parties settle property and support.

North Dakota Requirements for Divorce Petition

Residency (State)
Spouses must meet the residency requirement: N.D. Cent. Code § 14-05-17: the plaintiff must have been a resident of North Dakota for six months next preceding the entry of the decree of divorce (residency may be....
Residency (County)
Must file in the correct county District Court the North.
Grounds for Divorce
Must properly plead grounds: No-fault + fault. The no-fault ground is 'irreconcilable differences' (N.D. Cent. Code § 14-05-03(7), defined in § 14-05-09.1 as 'those grounds which are determined by the court to be substantial....
Waiting Period
Mandatory waiting period: None. North Dakota has no statutory mandatory waiting period between filing and entry of the divorce decree..
Required Forms
Must file correct state forms: Summons and Complaint for Divorce (North Dakota initiates divorce by a 'Complaint,' not a 'Petition')..
Property Division
Property is divided according to: Equitable distribution , N.D. Cent. Code § 14-05-24 (the court makes an equitable distribution of... laws.
Filing Fee
Filing fee is typically $80 (district court civil filing fee). unless waived.
Service of Process
The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

What is a divorce petition in North Dakota?

What is the difference between a divorce petition and a dissolution of marriage in North Dakota?

How long must I live in North Dakota before filing for divorce?

What are the grounds for divorce in North Dakota?

Do we have to be separated before filing in North Dakota?

How long does a divorce take in North Dakota?

How much does it cost to file a divorce petition in North Dakota?

How is property divided in a North Dakota divorce?

Introduction

Key Things to Know

Key decisions before you file

Customize your Divorce Petition Template with DocDraft

Filing for Divorce in North Dakota

Where You File

Residency

No Waiting Period, No Separation

Grounds

Dividing Property

Putting It Together

North Dakota Requirements for Divorce Petition

Residency (State)

Residency (County)

Grounds for Divorce

Waiting Period

Required Forms

Property Division

Filing Fee

Service of Process

Frequently Asked Questions