North Dakota Marital Settlement Agreement
A North Dakota marital settlement agreement lets divorcing spouses divide their property and debts equitably, set spousal support, and address custody and child support, then have those terms made part of the divorce judgment. Attorney review available.
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Introduction
North Dakota divides a divorcing couple's entire estate under the case-law factors known as the Ruff-Fischer guidelines, and a marital settlement agreement is the written contract spouses use to settle that division of their property, debts, and spousal support, plus (by reference) custody and child support, so the terms can be made part of the judgment that ends the marriage. North Dakota is an equitable distribution state: when a divorce is granted, the court makes an equitable distribution of the property and debts of the parties (N.D.C.C. 14-05-24). North Dakota does not separate marital from separate property by statute, so the court considers the entire estate of both spouses and divides it equitably, meaning fairly and not automatically 50/50, weighing the case-law factors known as the Ruff-Fischer guidelines. A North Dakota marital settlement agreement lets you set that division yourselves instead of leaving it to the court. North Dakota has no statewide formula for spousal support, and the court may not award permanent spousal support; it may order support only for a limited period on express findings, weighing the factors in N.D.C.C. 14-05-24.1 such as the ages of the parties, the earning ability of each party, the duration of the marriage, and each party's needs. Custody and child support follow the statewide child support guidelines (N.D.C.C. 14-09-09.7), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. North Dakota imposes no separation or cooling-off waiting period, only a six-month residency requirement (N.D.C.C. 14-05-17), and the spouses may settle through a written agreement that becomes part of the judgment for divorce. DocDraft builds your North Dakota marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
North Dakota imposes no separation or cooling-off waiting period before a divorce, and a North Dakota marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be made part of the judgment that ends the marriage.
- 2
North Dakota is an equitable distribution state: when a divorce is granted, the court makes an equitable distribution of the property and debts of the parties (N.D.C.C. 14-05-24). Equitable means fair, not automatically 50/50.
- 3
North Dakota does not separate marital from separate property by statute. The court considers the entire estate of both spouses and divides it equitably, weighing the case-law factors known as the Ruff-Fischer guidelines, so a North Dakota agreement lets you set the division yourselves.
- 4
North Dakota has no statewide formula for spousal support, and the court may not award permanent spousal support. It may order support only for a limited period on express findings, weighing the factors in N.D.C.C. 14-05-24.1 such as the ages of the parties, earning ability, and the duration of the marriage.
- 5
Child support follows North Dakota's statewide child support guidelines (N.D.C.C. 14-09-09.7); while spouses may agree on an amount, custody and child support stay subject to court approval and modification and cannot be bargained away.
- 6
North Dakota imposes no separation or cooling-off waiting period before a divorce. It does require the plaintiff to have been a resident of the state in good faith for six months (N.D.C.C. 14-05-17).
- 7
The spouses may settle their terms through a written agreement that becomes part of the judgment for divorce (N.D.C.C. 14-05-24.1). North Dakota does not require the agreement itself to be notarized to be valid, though signing before a notary can help prove the signatures are genuine.
Key decisions before you file
Before you file a Marital Settlement Agreement in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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North Dakota Requirements for Marital Settlement Agreement
Equitable Distribution of Property and Debts
North Dakota is an equitable distribution state. When a divorce is granted, the court makes an equitable distribution of the property and debts of the parties (N.D.C.C. 14-05-24). Equitable means fair, not automatically 50/50.
The Entire Estate Is Considered
North Dakota does not separate marital from separate property by statute. The court considers the entire estate of both spouses and weighs the case-law Ruff-Fischer guidelines. A North Dakota marital settlement agreement lets the spouses set the division themselves instead of leaving it to the court.
No Statewide Spousal Support Formula
North Dakota has no statewide formula for spousal support, and the court may not award permanent spousal support. It may order support only for a limited period on express findings, weighing the factors in N.D.C.C. 14-05-24.1 such as the ages of the parties, earning ability, and the duration of the marriage.
Child Support Follows the Guidelines
Child support follows the North Dakota statewide child support guidelines (N.D.C.C. 14-09-09.7). Parties may agree on an amount, but child support stays subject to court approval. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a North Dakota marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A North Dakota marital settlement agreement must be in writing and signed by both spouses. No statute requires the agreement itself to be notarized to be valid, but signing before a notary can help prove the signatures are genuine.
No Separation Waiting Period
North Dakota imposes no separation or cooling-off waiting period before a divorce. It does require the plaintiff to have been a resident of the state in good faith for six months (N.D.C.C. 14-05-17). A signed agreement does not change this residency rule.
Written Agreement Made Part of the Judgment
The spouses may settle through a written agreement that becomes part of the judgment for divorce (N.D.C.C. 14-05-24.1). Once the court approves the terms and enters the decree, they are enforceable as court orders, subject to the court approving custody and child support.