North Dakota Divorce Laws

State laws govern marriage and the divorce process. If you're considering filing for divorce in North Dakota, you should brush up on the divorce laws in your state. The divorce process is often confusing and emotional. Even when the parties are amicable, things can get heated.

Here, we'll explain North Dakota's divorce laws. We'll discuss the legal requirements for divorce and what to expect for alimony, child custody, and division of property.

If you still have questions about your divorce case, consult a skilled North Dakota divorce lawyer.

Divorce Laws in North Dakota: At a Glance

The North Dakota Supreme Court provides all the forms you may need for a self-represented divorce, but you may be better off hiring a divorce attorney.

See FindLaw's Divorce section for a variety of helpful articles and resources, including:

• How Marriage Annulments Differ from Divorces
• What Divorce Can and Can't Do for You

Important Divorce Requirements in North Dakota

North Dakota's divorce laws are like those of most other states. But you should learn the specific legal requirements for divorce in North Dakota.

Note: State laws may change with new legislation, higher court rulings, and other means. We strive to provide the most up-to-date information. But, you may want to contact a North Dakota divorce attorney or conduct legal research to verify your state's laws.

Legal Requirements for a North Dakota Divorce

Every state has unique legal requirements for divorce. Like most states, North Dakota has a residency rule to meet before filing your divorce petition. You must be a resident of the state for at least six months before filing your divorce action.

According to the North Dakota Code Section 14-05-17, you can still get divorced if you haven't lived in the state for six months. The family court must wait until you have lived in North Dakota for six months before issuing your final divorce decree.

For example, imagine you move to North Dakota on Jan. 1. You file for divorce on April 1. The court may accept your divorce petition but can't issue your divorce decree until at least July 1.

Unlike most other states, North Dakota doesn't have a mandatory waiting period for divorce. You can remarry once the court issues your final divorce order. But, if you do remarry, it may affect alimony or spousal support.

No-Fault Divorce Cases vs. Fault-Based Divorce

North Dakota recognizes both no-fault divorce and fault-based divorce. Today, most people file a no-fault divorce because it's easier and takes less time.

To file a no-fault divorce case, you must only certify that you and your spouse are experiencing irreconcilable differences. You must also confirm that the marriage is beyond repair. If both parties agree to the divorce, the judge won't take long to finalize your case.

In a fault-based divorce, the petitioner must cite specific grounds for divorce. According to North Dakota law, you can choose from the following grounds for divorce:

• Adultery
• Felony conviction
• Willful desertion
• Willful neglect
• Addiction to alcohol or a controlled substance
• Extreme cruelty/domestic violence

If you file a fault-based divorce, your North Dakota attorney must submit proof of your spouse's marital misconduct. It's not enough to allege that your spouse engaged in the above behavior.

Uncontested and Contested Divorce Cases

In a perfect world, both parties to a divorce will agree that it's the best option. They would also agree to the terms of the divorce. If this is the case, you can file an uncontested divorce case. In an uncontested divorce, you will submit a copy of your marital settlement agreement and divorce papers to the court.

Once the judge approves your settlement, they will grant your final divorce decree. You will then be free to move forward.

In a contested divorce, the parties disagree on the material divorce terms. The most contentious legal issues in most contested divorce cases include:

• Alimony/spousal support
• Child custody of minor children
• Child support
• Division of property

Ideally, your attorney will negotiate a settlement with your spouse's lawyer. If that isn't possible, your case will go to trial.

Alimony and Spousal Support in North Dakota

There's no guarantee that you'll receive alimony in your divorce. The North Dakota courts consider many factors when determining if you deserve spousal support.

Some of the factors that courts take into account include:

• Length of the marriage
• Age and health of the spouses
• Employability of each party
• Income and expenses
• Standard of living during the marriage

Alimony doesn't last forever. The courts can stop alimony if you remarry, cohabit with a paramour, or if either party dies.

Child Custody and Child Support

If you and your spouse can't agree on child custody, the court will decide for you. The court's primary concern about custody is the best interests of the child. The courts rarely grant full legal custody to one parent. Parents usually have joint legal custody.

The judge will likely appoint one party as the custodial parent. The other parent must pay child support. The court calculates child support using the state's child support guidelines.

Equitable Distribution of Marital Property

North Dakota is an equitable distribution state. This means the courts will not divide your marital debts and assets 50/50. Instead, they use fairness and equity to divide your marital assets.

In most divorce cases, the parties agree to the property division in their settlement agreement. If you can't negotiate property division with your spouse, the court will divide it for you.

Getting Divorced? A North Dakota Attorney Can Help

Whether you are contemplating divorce or are in the beginning stages, you'll want to become familiar with North Dakota's divorce laws. The divorce process can be daunting, even if you and your spouse get along. Consult an experienced North Dakota divorce attorney to help navigate the family law court.

Your divorce lawyer is familiar with the divorce laws in North Dakota. They also know how to negotiate a fair marital settlement agreement and can give sound legal advice. They'll work hard to ensure the best possible outcome.

Research the Law

• North Dakota Law
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

North Dakota Divorce Requirements: Related Resources

• Understanding the Divorce Process
• North Dakota Marital Property Laws
• North Dakota Child Custody Laws
• Hire a Divorce Lawyer