North Dakota Divorce Guide
Everything you need to know about filing for divorce in North Dakota — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
North Dakota Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 60 days — Under N.D.C.C. § 14-05-22, a judgment of divorce does not become effective until 60 days after the entry of the judgment. During this 60-day period, neither party may remarry. However, there is no statutory waiting period before the court can hold hearings or enter judgment. |
| Filing Fee | $160(fee waiver available) |
| No-Fault Grounds | Irreconcilable Differences |
| Fault Grounds | Adultery, Extreme Cruelty, Willful Desertion, Willful Neglect, Habitual Intemperance, Conviction of a Felony |
| Property Division | Equitable Distribution |
| E-Filing | Available — North Dakota courts offer e-filing through the Odyssey File & Serve system (https://northdakota.tylertech.cloud/OfsWeb). Self-represented litigants may use the system but are exempt from the electronic filing requirement and may file paper documents in person, by mail, or by third-party carrier. |
| Response Window | 21 days — Under N.D.R.Civ.P. 12(a), the defendant has 21 days from the date of service to file an answer or responsive pleading with the district court. |
Grounds for Divorce in North Dakota
Irreconcilable differences — substantial reasons for not continuing the marriage which make it appear that the marriage should be dissolved
No-Fault Grounds
- Irreconcilable Differences — Under N.D.C.C. § 14-05-03(6) and § 14-05-09.1, irreconcilable differences are substantial reasons for not continuing the marriage that make it appear the marriage should be dissolved. The court need only find that irreconcilable differences exist to grant a no-fault divorce.
Fault-Based Grounds
- Adultery — Under N.D.C.C. § 14-05-03(1), adultery committed by the other spouse.
- Extreme Cruelty — Under N.D.C.C. § 14-05-03(2), extreme cruelty by the other spouse.
- Willful Desertion — Under N.D.C.C. § 14-05-03(3), willful desertion for one year. Desertion may include refusal to cohabit or refusal to have intercourse for one year (if no medical condition necessitates refusal).
- Willful Neglect — Under N.D.C.C. § 14-05-03(4), willful neglect for one year. The neglecting spouse must have failed to provide the other with necessary support.
- Habitual Intemperance — Under N.D.C.C. § 14-05-03(5), habitual intemperance (substance abuse) for one year. The abuse must be severe enough to affect business capacity or cause great mental suffering to the innocent spouse.
- Conviction of a Felony — Under N.D.C.C. § 14-05-03(5a), conviction of a felony after marriage. The spouse must be imprisoned at the time of filing.
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How to File for Divorce in North Dakota
Meet Residency Requirements
You must have lived in North Dakota for at least 6 months before filing. Under N.D.C.C. § 14-05-17, the plaintiff must be a resident of North Dakota for at least six months immediately before commencing the action, or for at least six months immediately before the judgment of divorce is granted. Only the plaintiff (filing spouse) must meet the residency requirement; there is no residency requirement for the defendant.
Complete Your Forms
North Dakota requires 3 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $160 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: Personal Service by Sheriff or Process Server, Certified Mail, Service by Publication. The plaintiff may not personally serve the defendant. Service must be completed by a person who is at least 18 years old and not a party to the action. The defendant's 21-day response period begins the day after service.
Wait for Response & Finalize
Your spouse has 21 days to respond. After the 60-day waiting period, the court can issue your final decree.
Special Rules in North Dakota
60-Day Post-Judgment Waiting Period
Under N.D.C.C. § 14-05-22, a judgment of divorce does not become effective until 60 days after entry. Neither party may remarry during this period. This is distinct from most states that have a pre-hearing waiting period.
All Property in Distributable Estate
North Dakota includes all property of both parties in the distributable estate, regardless of when or how it was acquired. There is no concept of 'separate' or 'non-marital' property under North Dakota law. The court divides all assets equitably using the Ruff-Fischer guidelines.
Ruff-Fischer Property Division Guidelines
North Dakota courts use the Ruff-Fischer guidelines (established by case law) to determine equitable property division, considering factors such as the parties' respective ages, earning abilities, duration and conduct during the marriage, station in life, circumstances and necessities, health, financial circumstances, and other material matters.
Family Law Mediation Program
The North Dakota court system offers a Family Law Mediation Program providing up to 6 hours of combined pre-mediation orientation and mediation at no cost to the parties.
Mandatory Requirements
Financial Disclosure
Both parties must exchange financial disclosures within 30 days of filing.
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