Divorce in North Dakota

How to file for divorce in North Dakota

1. Check residency. 6 months of North Dakota residency required before the court can issue the final decree.
2. Prepare and file the Complaint for Divorce with the District Court in your county. The filing fee is typically $160, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. A settlement agreement must include Exhibit A, a full Property and Debt Listing, as part of the required disclosure.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. None; no mandatory waiting period after filing. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months of North Dakota residency required before the court can issue the final decree.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: Not required before filing.

How property is divided

North Dakota uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: North Dakota uses the terms primary residential responsibility and decision-making responsibility. Every decision is made in the child's best interests.

Parenting class: Required statewide in most cases involving minor children through the Parents Forever program.

Child support: North Dakota uses the percentage of income model, which sets support as a percentage of the paying parent's income, rising with the number of children. Try the child support calculator.

Spousal support

State law expressly prohibits permanent spousal support; only temporary, rehabilitative, or other time-limited support may be awarded.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Summary Divorce (Rule 8.5): Available when combined net marital assets, excluding up to $100,000 of homestead equity, do not exceed $50,000.

Legal separation: available in North Dakota, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: none; no mandatory waiting period after filing. A typical timeline is 30 to 90 days once the court reviews paperwork, after the residency requirement is met. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in North Dakota

• North Dakota applies the Ruff-Fischer guidelines to decide how marital property is divided fairly, not automatically 50/50.
• Filing fee was set at $160 effective July 1, 2025; fee waivers are available for financial hardship.
• Permanent alimony is not allowed by statute, unlike in many other states.

Official resources

Official forms and instructions come from North Dakota's courts. Sources we reviewed:

• ndcourts.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.