North Dakota Divorce: What You Need to Know

Divorce entails all the legal processes that lead to the termination of a marriage in North Dakota. A North Dakota District Court may grant a divorce to couples, even if the couples were not married in North Dakota.

How Does Divorce Work in North Dakota?

The spouse intending to divorce their partner must meet the residency requirements for a district court in North Dakota to grant the divorce. The petitioner must have resided in North Dakota. At least one spouse must have lived in the state for at least six months prior to starting the divorce case. If the petitioner’s residency is less than six months, the case may still be filed with the court, but it will not be finalized until the residency period is completed.

North Dakota is a “no-fault” divorce state. The grounds for a no-fault divorce case are “irreconcilable differences,”. In this scenario, the petitioner does not need to prove that their spouse did anything wrong to warrant a divorce. They only need to claim that their spouse has irreconcilable differences in their marriage. To obtain a fault-based divorce, the petitioner must prove fault. Such grounds include adultery, extreme cruelty, willful desertion, habitual drunkenness, drug use, neglect of duty, and felony conviction.

There is no required waiting period after the petitioner files for a divorce, but the process may take some time. If both spouses agree and there are no disputes, an uncontested divorce may be finalized within a few months. However, if there are disagreements over issues such as child custody, support, or property, a contested divorce may take a year or more to finalize.

Types of Divorce in North Dakota

According to North Dakota law, couples may choose any of the following options during their divorce proceedings:

• Uncontested divorce: Here, both spouses agree on who will take care of the children, how to divide their belongings, and alimony.
• Contested divorce: These cases are presented to a judge in a court, often requiring hearings or a trial.
• No-fault divorce: This kind of divorce is based on claims of irreconcilable differences by one of the partners in the marriage.
• Fault-based divorce: Divorces that occur based on grounds such as adultery or cruelty. These grounds (Fault-based) may impact the division of property, child custody, support, and alimony.

North Dakota Divorce Court Process and Forms

In North Dakota, one spouse, known as the plaintiff, files a Summons and Complaint for Divorce at their local district court. They may also submit other required documents, which include:

• Confidential Information Form
• Financial Affidavit
• Parenting Plan
• Property and Debt Listing
• Settlement Agreement (for uncontested cases)

Some divorce forms may be obtained from the court clerk’s office, the North Dakota Self-Help Center, or created from the General-Use forms.

The other spouse, referred to as the defendant, must be served with the summons and complaint by the sheriff or certified mail. The defendant must respond within 21 days, or the judge may grant the plaintiff a default divorce judgment.

Both partners need to share their financial information, and divorcing parents must establish residential responsibility and parenting time for their children. The judges may order mediation to help resolve issues with child custody and support. If no agreement is reached, the case proceeds to trial.

A divorce is considered complete when a judge signs a document known as the Judgment and Decree of Divorce. This document officially terminates the marriage and includes decisions regarding child custody, support, property division, and alimony.

City- and County-Level Filing Details

In North Dakota, divorce cases are filed at the county level in District Courts. Here are details for some of the state’s largest counties:

• Cass County (Fargo):
  • Courthouse: Cass County District Court, 211 9th Street South, Fargo, ND 58103.
  • Services: The court provides orientation assistance within the courthouse.
• Burleigh County (Bismarck):
  • Courthouse: Burleigh County Courthouse, 514 E. Thayer Avenue, Bismarck, ND 58501.
  • Services: The Clerk provides filing instructions for couples.
• Grand Forks County (Grand Forks):
  • Courthouse: Grand Forks County District Court, 124 S. 4th Street, Grand Forks, ND 58201.
  • Services: Individuals may find a map showing directions to the courthouse.
• Ward County (Minot):
  • Courthouse: Ward County District Court, 315 3rd Street SE, Minot, ND 58701.
  • Services: The Clerk’s office provides divorce forms for couples. They also encourage mediation in family law disputes.
• Williams County (Williston):
  • Courthouse: Williams County District Court, 205 E. Broadway, Williston, ND 58801.
  • Services: Filing packets available to divorcing couples, as well as parenting classes.

How to Search for Divorce Records in North Dakota

Divorce records usually include the names of the spouses, the date and county of divorce, the case number, and the court’s orders regarding custody, support, and property division. These records are maintained by the Clerk of the District Court in the county where the divorce was finalized. Anyone interested in obtaining copies of divorce records in North Dakota may:

• Visit the courthouse: individuals may obtain certified copies of divorce decrees and request complete records from the appropriate court clerk for a fee.
• Online: The North Dakota Courts Records Inquiry allows parties to search for divorce and family-related records.

Key Points

• Divorce cases in North Dakota are filed in the District Court of the county where either spouse resides.
• One spouse must have lived in the state for at least six months before the divorce case is initiated.
• North Dakota permits both no-fault and fault-based grounds for divorce.
• Divorcing parents are required to attend a parenting education program, and mediation is often used in custody disputes.
• The public may obtain divorce records online or in person at the office of the District Court clerks.