Divorce

Divorce is a judgment of a court that dissolves the marriage.

A North Dakota State District Court may grant a divorce, even if neither spouse was married in North Dakota.

There are two ways to get a divorce in North Dakota:

Parties in a Divorce

The Plaintiff or Petitioner is the spouse who starts the divorce.

The Defendant or Respondent is the spouse who doesn’t start the divorce.

Residency Requirement for Divorce

The spouse starting the divorce, also called the Plaintiff or Petitioner, must meet the residency requirement for a North Dakota State District Court to grant a divorce.

The Plaintiff or Petitioner be a resident of North Dakota at least 6 months before starting the divorce.

Or, the Plaintiff or Petitioner be a resident of North Dakota for 6 months immediately before the District Court grants the judgment of divorce.

Grounds (Reasons) for Divorce

North Dakota is a “no fault” divorce state. The grounds (reasons) for a no fault divorce is “irreconcilable differences.” Irreconcilable differences are substantial reasons for not continuing the marriage and which make it appear the marriage shouldn’t be resolved. The Plaintiff or Petitioner doesn’t need to prove anyone did anything wrong to cause the divorce. They only need to claim that the spouses have irreconcilable differences. To grant a no fault divorce, the judge or judicial referee need only find that irreconcilable differences exist.

North Dakota has other grounds (reasons) to end a marriage that aren’t used very often. The other grounds require the Plaintiff or Petitioner prove “fault.” Fault divorces are extremely uncommon and complicated. The ND Legal Self Help Center doesn’t have any forms or guides for fault divorces.

You Must Calculate Child Support

If your divorce includes minor or dependent children, you’re required to calculate child support. You must calculate child support even if you and your spouse have agreements between yourselves related to child support.

If you don’t want to establish child support as part of your divorce, you still must complete the child support calculations. The judge or judicial referee decides whether it’s in the best interests of the children to waive, or stay, your child support payments.

If you plan to ask the judge or judicial referee to allow you to pay a different amount of child support than the child support calculations say, you must prove you meet one of the limited exceptions for paying a different amount. You must also prove paying a different amount is in the best interests of the children.

You may be able to apply for services with North Dakota Child Support. If your application for full services is approved by North Dakota Child Support, they can help to establish an order for child support and medical support in a separate child support case.

Forms and Guides for Divorce

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.

Divorce forms aren't available for every situation or circumstance. If you don't find a form that suits your circumstances on this website, the form isn't available through the North Dakota Legal Self Help Center.

You may need to create legal documents yourself. The General-Use forms in the District Court Civil Action Section of this website may be used as a starting point for creating your own legal documents.

Divorce Forms:

File for Divorce Together – No Children

File for Divorce Together – With Children

Summary Divorce – With or Without Children

Start a Divorce on Your Own – for Plaintiff

Answer or Respond to a Divorce Complaint – for Defendant

Steps You Must Take Before the Court Can Grant a Divorce (Divorce Case Management) – for Both Spouses

Preparing for Your Divorce Trial – for Both Spouses

Get the Final Divorce Judgment – Both Spouses

Divorce Informational Guides: