Filing for divorce in North Dakota starts with two documents — a Summons and a Complaint — filed with the District Court clerk in the county where you or your spouse lives, along with a $160 filing fee. If you have children, a Proposed Parenting Plan goes with them. If property or debts are in play, financial disclosures do too. The court provides standardized templates for North Dakota divorce papers through the Supreme Court’s Legal Self-Help Center, and self-represented filers must submit them in person or by mail rather than electronically.
Can You File in North Dakota Yet?
Before the court can grant a divorce, the person filing must have lived in North Dakota in good faith for at least six months. You can file before you hit the six-month mark, but the judge won’t sign the final decree until you’ve been a resident for the six months immediately before entry of judgment.1Justia Law. North Dakota Century Code Title 14, Chapter 14-05 – Divorce If you recently relocated, that second path lets you start the paperwork while the clock runs.
You file in the District Court for the county where either spouse lives. If the two of you have moved to different counties since separating, either county works. Put the date you established North Dakota residency in your Complaint so the court can confirm the threshold is met.
The Core Forms You Need to Prepare
Every North Dakota divorce begins with the same two documents.
The Summons is the notice to your spouse that a divorce case has been filed and that they have 21 days to respond in writing.2North Dakota Court System. Answer or Respond to a Divorce Complaint (Defendant)
The Complaint lays out the facts of the marriage and tells the court what you’re asking for. You need both spouses’ full legal names and addresses, the date and location of the marriage, the ground for divorce, and your specific requests regarding property division, custody, and support. If you changed your name at marriage and want it restored, ask for that in the Complaint. Judges routinely grant the restoration as part of the decree, but only when the request is in the paperwork from the start.
A few supporting documents commonly go with the Summons and Complaint:
- A Confidential Information Form that keeps Social Security numbers and other sensitive data out of the public case file.
- A Proposed Parenting Plan if you have minor children. The plan must address decision-making authority, the residential schedule (weekdays, weekends, holidays, school breaks, summer), how the child stays in contact with the non-residential parent, transportation between homes, and how the two of you will resolve disputes without returning to court for every disagreement.3North Dakota Legislative Branch. North Dakota Century Code 14-09 – Parent and Child
- Financial disclosures listing every bank account, retirement fund, piece of real estate, vehicle, and other asset of meaningful value, along with every debt — mortgages, car loans, credit cards, student loans, medical bills — with current balances. The court can’t divide what it doesn’t know about, and under North Dakota law a judge can reopen a finalized divorce and redistribute property if a spouse failed to disclose assets.1Justia Law. North Dakota Century Code Title 14, Chapter 14-05 – Divorce
Use the court’s official templates. They’re built to match the court’s formatting expectations and to prompt you for every required field.
Choosing a Ground in the Complaint
The Complaint has to state a ground. North Dakota recognizes seven: irreconcilable differences, which is the no-fault option, and six fault-based grounds — adultery, extreme cruelty, willful desertion, willful neglect, substance abuse, and conviction of a felony.1Justia Law. North Dakota Century Code Title 14, Chapter 14-05 – Divorce
Fault grounds have to be proved. Extreme cruelty covers serious physical harm and severe emotional suffering. Willful neglect means a spouse who could provide basic financial support chose not to. Substance abuse, under state law, means alcohol or drug use severe enough to interfere with normal functioning for a significant portion of the time. For most people filing on their own, irreconcilable differences is the simpler route because no evidence is needed beyond the inability of both parties to continue the marriage.
Filing the Papers With the Court
Take or mail your completed papers to the District Court clerk in the county where either spouse resides. The filing fee is $160.4North Dakota Court System. North Dakota Court Fee Schedule If you can’t afford it, apply for a fee waiver using the forms available through the court’s self-help center; eligibility turns on your income and expenses.5North Dakota Court System. Filing Fee Waiver Forms
One point surprises many filers: North Dakota’s electronic filing system, Odyssey File and Serve, is not available to self-represented parties. Without an attorney, you file in person at the courthouse or by mail.6North Dakota Court System. Odyssey File and Serve Frequently Asked Questions The clerk returns stamped copies with the filing date and time and assigns a case number that goes on every document you submit afterward.
Serving the Papers on Your Spouse
Filing isn’t enough. You then have to formally deliver the Summons and Complaint to your spouse under Rule 4 of the North Dakota Rules of Civil Procedure.7North Dakota Court System. North Dakota Rules of Civil Procedure – Rule 4 – Persons Subject to Jurisdiction Process Service You have three options.
- Personal service. A county sheriff or any adult who is not a party to the case hand-delivers the papers to your spouse. This creates a verified record of delivery.
- Certified mail. You send the papers by certified mail, return receipt requested, with restricted delivery. The date on the green return receipt is the service date.
- Admission of Service. If your spouse is cooperative, they sign an Admission of Service form acknowledging receipt. Under North Dakota practice, this form is signed under penalty of perjury rather than before a notary.8North Dakota Court System. Form 5 – Admission of Service
Whichever method you use, you then file an Affidavit of Service (or the signed Admission of Service) with the court clerk to prove your spouse was properly notified. Without that proof in the file, the court won’t hold a hearing or enter a decree.
The 21-Day Response Window
Your spouse has 21 days after service to file a written answer. The count starts the day after service and includes weekends and holidays, but if the last day falls on a Saturday, Sunday, or state holiday, the deadline rolls to the next business day.
If the 21 days pass with no response, you can file a Motion for a Default Divorce Judgment.9North Dakota Court System. Motion for a Default Divorce Judgment To get one, you have to show in writing that your spouse was properly served under Rule 4, that 21 days have passed with no response, that the court has jurisdiction, and that you’ve given the judge enough information to rule. A default judgment doesn’t automatically give you everything the Complaint asked for. The judge still reviews property division, custody, and support and makes an independent decision. Your spouse simply loses the right to contest those decisions by failing to respond.
What the Court Will Decide From Your Papers
The requests you put in the Complaint shape what the judge rules on, so it’s worth knowing how the court treats each category.
Property and debts. North Dakota is an equitable distribution state. The court divides marital property and debts in a way it considers fair, which doesn’t always mean a 50/50 split.1Justia Law. North Dakota Century Code Title 14, Chapter 14-05 – Divorce The valuation date is whatever date both spouses agree on; if you can’t agree, the court uses the date 60 days before the originally scheduled trial.
Child support. Support follows the state guidelines in North Dakota Administrative Code Chapter 75-02-04.1. The state publishes an online calculator and worksheet that estimate the obligation from each parent’s income, and the court also considers health insurance and childcare costs.10North Dakota Health and Human Services. Current Child Support Guidelines Some judicial districts require divorcing parents to attend a parenting education class, which typically runs $25 to $85.
Spousal support. If you want it, ask for it in the Complaint. North Dakota does not allow permanent spousal support. A judge can order time-limited support only after finding that the recipient lacks enough income or property to meet reasonable needs based on the marital standard of living and that the paying spouse can provide support without undue financial hardship.1Justia Law. North Dakota Century Code Title 14, Chapter 14-05 – Divorce
Name restoration. If you want your former name back, the request belongs in the Complaint so the judge can include it in the final decree.