How to File for Divorce in North Dakota (2026)
Reviewed by DocDraft Legal Team · North Dakota · Last updated 2026-05-18
North Dakota runs its divorce process on its own family-law code. Asset division here is equitable distribution (a fair, not automatically equal, split), and the no-fault ground is available on irreconcilable differences. The residency rule is its own: One of the parties to the marriage must have been a resident of the state for six months immediately preceding commencement of the action (or the entry of the decree). This guide details what North Dakota requires from filing through final decree, with N.D. Cent. Code § 14-05-03 as the governing grounds statute.
Key Considerations
When a North Dakota court divides what a couple owns, it applies fair-but-not-equal equitable-distribution. Equitable distribution. N.D. Cent. Code § 14-05-24(1) provides verbatim: 'When a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties. Except as may be required by federal law for specific property, the valuation date for marital property and debt is the date mutually agreed upon between the parties. If the parties do not mutually agree upon a valuation date, the valuation date for marital property and debt is sixty days before the initially scheduled trial date.' All property is subject to division regardless of when or how acquired, with courts applying the judicially developed Ruff-Fischer guidelines (length of marriage, age, earning ability, conduct, station in life, circumstances and necessities). § 14-05-24(3) authorizes post-judgment redistribution if a party failed to disclose property and debts. The controlling authority is N.D. Cent. Code § 14-05-24.
Child support uses a percentage-of-income model Percentage-of-obligor-net-income guideline set by the North Dakota Department of Health and Human Services Child Support Guidelines, based on the obligor's net income and number of children, with adjustments for shared and split custody The guideline lives at N.D. Cent. Code § 14-09-09.7, with the official calculator.
Support after the marriage ends follows a different track: Spousal support is discretionary; under N.D. Cent. Code § 14-05-24.1, 'The court may not award permanent spousal support. Upon consideration of the provisions of this section, the court may require one party to pay spousal support to the other party for a limited period of time' upon finding the recipient lacks sufficient property or income to meet reasonable needs and the payor has the ability to pay without undue hardship. Factors include age, earning ability, duration of marriage, conduct, station in life, health, and financial circumstances. Rehabilitative support is favored. See N.D. Cent. Code § 14-05-24.1.
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Relevant Documents
North Dakota filers use the following: Summons and Complaint for Divorce filed in the District Court of the county where either spouse resides. The North Dakota Legal Self Help Center publishes a Summons template for divorce / separation actions and a contested-divorce informational guide; the Center notes it does not publish a Complaint form (parties draft the Complaint using the Caption and Signature template). The ND Legal Self Help Center disclaims that its forms are not official court forms and individual courts may not accept them.
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
North Dakota Century Code Chapter 14-05 (Divorce)
This is the primary statute governing divorce in North Dakota. It establishes the grounds for divorce, including both fault-based grounds (adultery, extreme cruelty, willful desertion, etc.) and no-fault grounds (irreconcilable differences). North Dakota is a 'no-fault' divorce state, meaning you don't need to prove wrongdoing to get divorced.
North Dakota Century Code § 14-05-24 (Division of Property)
North Dakota follows 'equitable distribution' principles when dividing marital property in a divorce. This means property is divided fairly but not necessarily equally. The court considers factors such as the length of marriage, age, health, occupation, income, and conduct of each spouse when determining property division.
North Dakota Century Code § 14-05-22 (Child Custody)
This statute governs child custody determinations in North Dakota divorces. Courts make custody decisions based on the 'best interests of the child' standard, considering factors such as the child's relationship with each parent, stability, and each parent's ability to provide care.
North Dakota Century Code § 14-09-09.7 (Child Support Guidelines)
North Dakota uses specific guidelines to calculate child support obligations based primarily on the income of both parents. These guidelines determine how much financial support non-custodial parents must provide for their children following divorce.
North Dakota Century Code § 14-05-24.1 (Spousal Support)
This law addresses spousal support (alimony) in North Dakota divorces. Courts may award temporary or permanent spousal support based on factors including the duration of the marriage, standard of living during marriage, age, physical and emotional health, and financial circumstances of each spouse.
North Dakota Century Code § 14-05-03 (Residency Requirement)
To file for divorce in North Dakota, at least one spouse must have been a resident of the state for six months before filing. This residency requirement must be met for North Dakota courts to have jurisdiction over your divorce case.
Regional Variances
Major Cities in North Dakota
As North Dakota's largest city, Fargo's family court system tends to have more resources and specialized family law judges. Cases may move more quickly through the system compared to rural areas. The East Central Judicial District Court in Fargo handles divorce cases and may have different local rules regarding filing procedures and required documentation.
As the state capital, Bismarck's South Central Judicial District Court handles divorce proceedings with potential access to more mediation services. Being home to many state government employees, divorces here may involve more cases with state retirement benefits and pensions that require specialized handling.
The Northeast Central Judicial District in Grand Forks may have different scheduling practices for divorce hearings. With the University of North Dakota located here, there may be more cases involving student loans as marital debt and more transient populations, affecting custody determinations.
Rural Counties in North Dakota
Due to the oil boom in the Bakken region, Williams County divorce cases often involve complex property division related to mineral rights and oil royalties. The Northwest Judicial District may have longer wait times for hearings due to increased caseloads from population growth in the area.
In Stark County, the Southwest Judicial District may have fewer resources for family law cases, potentially resulting in longer processing times. Local practices may be more informal, with greater emphasis on settlement conferences before formal hearings.
Burleigh County courts may have specific local rules regarding parenting time schedules that differ from other counties. As a more populated county, there may be more readily available court-appointed custody investigators and mediators to assist in resolving disputes.
Native American Jurisdiction Considerations
Divorce cases involving tribal members on the Standing Rock Reservation may fall under tribal court jurisdiction rather than state courts. Different laws may apply regarding property division, especially for trust lands. State courts may lack jurisdiction over certain aspects of divorce when one or both parties are tribal members residing on reservation land.
The Three Affiliated Tribes court system on the Fort Berthold Reservation has its own family code and procedures for divorce. Cases involving non-tribal members married to tribal members may face complex jurisdictional questions that require coordination between tribal and state courts.
Divorce proceedings involving tribal members on the Turtle Mountain Reservation may be subject to tribal customs and laws that differ significantly from North Dakota state law, particularly regarding child custody and property rights. The tribal court may assert jurisdiction over family matters involving tribal members.
Suggested Compliance Checklist
Check that the residency rule is met
Before filing days after startingOne of the parties to the marriage must have been a resident of the state for six months immediately preceding commencement of the action (or the entry of the decree). See N.D. Cent. Code § 14-05-17.
Plead the grounds for the divorce
Before filing days after startingNo-fault on irreconcilable differences; fault grounds (adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, conviction of a felony) also available. Authority: N.D. Cent. Code § 14-05-03.
Open the case by filing the petition
At filing days after startingSummons and Complaint for Divorce filed in the District Court of the county where either spouse resides. The North Dakota Legal Self Help Center publishes a Summons template for divorce / separation actions and a contested-divorce informational guide; the Center notes it does not publish a Complaint form (parties draft the Complaint using the Caption and Signature template). The ND Legal Self Help Center disclaims that its forms are not official court forms and individual courts may not accept them. The filing fee is approximately $160 to commence a divorce action. A fee waiver is available: Application to Proceed In Forma Pauperis / fee waiver for indigent filers.
Exchange financial disclosures and serve the other spouse
After filing days after startingServe the petition and any required financial-disclosure forms, then file proof of service before the matter is heard.
Account for the waiting period
After filing days after startingNo fixed statutory cooling-off period; irreconcilable differences alone supports the decree (N.D. Cent. Code § 14-05-03).
Obtain the final judgment
Final step days after startingAfter timing and any custody, support, and property terms are settled, the court signs the decree of dissolution.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Check that the residency rule is met | One of the parties to the marriage must have been a resident of the state for six months immediately preceding commencement of the action (or the entry of the decree). See N.D. Cent. Code § 14-05-17. | - | Before filing |
| Plead the grounds for the divorce | No-fault on irreconcilable differences; fault grounds (adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, conviction of a felony) also available. Authority: N.D. Cent. Code § 14-05-03. | - | Before filing |
| Open the case by filing the petition | Summons and Complaint for Divorce filed in the District Court of the county where either spouse resides. The North Dakota Legal Self Help Center publishes a Summons template for divorce / separation actions and a contested-divorce informational guide; the Center notes it does not publish a Complaint form (parties draft the Complaint using the Caption and Signature template). The ND Legal Self Help Center disclaims that its forms are not official court forms and individual courts may not accept them. The filing fee is approximately $160 to commence a divorce action. A fee waiver is available: Application to Proceed In Forma Pauperis / fee waiver for indigent filers. | divorce-petition | At filing |
| Exchange financial disclosures and serve the other spouse | Serve the petition and any required financial-disclosure forms, then file proof of service before the matter is heard. | - | After filing |
| Account for the waiting period | No fixed statutory cooling-off period; irreconcilable differences alone supports the decree (N.D. Cent. Code § 14-05-03). | - | After filing |
| Obtain the final judgment | After timing and any custody, support, and property terms are settled, the court signs the decree of dissolution. | - | Final step |
Frequently Asked Questions
North Dakota uses equitable distribution (a fair, not automatically equal, split). Equitable distribution. N.D. Cent. Code § 14-05-24(1) provides verbatim: 'When a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties. Except as may be required by federal law for specific property, the valuation date for marital property and debt is the date mutually agreed upon between the parties. If the parties do not mutually agree upon a valuation date, the valuation date for marital property and debt is sixty days before the initially scheduled trial date.' All property is subject to division regardless of when or how acquired, with courts applying the judicially developed Ruff-Fischer guidelines (length of marriage, age, earning ability, conduct, station in life, circumstances and necessities). § 14-05-24(3) authorizes post-judgment redistribution if a party failed to disclose property and debts. See N.D. Cent. Code § 14-05-24.
One of the parties to the marriage must have been a resident of the state for six months immediately preceding commencement of the action (or the entry of the decree). This is set by N.D. Cent. Code § 14-05-17.
approximately $160 to commence a divorce action. Application to Proceed In Forma Pauperis / fee waiver for indigent filers
No-fault on irreconcilable differences; fault grounds (adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, conviction of a felony) also available. The governing statute is N.D. Cent. Code § 14-05-03.
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