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North Dakota Divorce

The North Dakota Family Law Center is a resource on divorce and family law in the State of North Dakota for non-lawyers and pro se litigants. Please let us know if we have omitted a link to an important state resource and we will gladly add it.

Courts and Community Resources

Lawyers and Divorce
Mediation
Glossary of Family Law Terms
North Dakota Judicial System
Legal Assistance of North Dakota
State Bar Association of North Dakota
University of North Dakota School of Law - Law Library

State Statutory Resources

If you wish to review your State's Statutes or Code, click the links below:

North Dakota Legislative Branch
North Dakota Century Code

Divorce Law

North Dakota is not a No-Fault jurisdiction. The grounds for divorce in North Dakota are: adultery, extreme cruelty, desertion or willful neglect for one year, habitual intemperance for one year, conviction of a felony, or irreconcilable differences. In order to be granted a divorce in North Dakota, the filing party must have been a resident of the state for at least six months. A military person (along with his or her spouse) stationed in North Dakota is considered a resident for the purposes of this title. If you do not meet the residence requirements, you must file for divorce in the state in which you claim legal residence. (ND Code Chapter 14-05). Time: It generally takes from one month to one year for a divorce to be granted, with the average being one to three months.

North Dakota Code Chapter 14-05 - Divorce
North Dakota Divorce Actions - information from Legal Services of North Dakota

Marriage and Living Together Laws

There is no waiting period before one can remarry after a divorce in North Dakota unless a waiting period is specified in the divorce decree. (14-05-02)

North Dakota Marriage Law - North Dakota Code 14-03

Child Support

Child Support Explained
Getting Child Support - information from Legal Services of North Dakota
Parent and Child Law - North Dakota Code Chapter 14-09
North Dakota Child Support Guidelines, Forms, and Resources
North Dakota Child Support Enforcement Agency

Child Custody and Visitation Law

North Dakota makes custody decisions based on the best interests of the child.

Parent and Child Law - North Dakota Code Chapter 14-09
Residential Responsibility (Custody) - information from Legal Services of North Dakota
Parenting Time (Visitation) - information from Legal Services of North Dakota
Parenting Time (Visitation) Fact Sheet - information from Legal Services of North Dakota
FAQ on Child Custody and Visitation
Child Custody Resources

Property Division

Property is divided "equitably" according to certain factors. The Court will make a property settlement arrangement that takes all of the property of the parties into account. North Dakota Courts consider a nonvested military pension to be marital property, Delorey v. Delorey, 356 NW 2d 488 (1984). The Court will also award alimony and/or child support as appropriate. (14-05-24)

North Dakota Property Law - see North Dakota Code 14-05-24