Residency Requirements

In order to file a divorce in North Dakota, the filing spouse must have been a resident of the state for at least six months prior to filing.

Grounds

North Dakota recognizes irreconcilable differences as the no-fault ground for divorce.

Adultery, extreme cruelty, conviction of a felony, abuse of alcohol or controlled substances, willful desertion for a period of one year or more, and willful neglect, are the fault-based grounds for divorce in the State of North Dakota.

Child Custody

Custody should be determined in accordance with the best interests of the child. The court will consider many factors, including the moral fitness of the parents, the wishes of the mature child, the mental and physical health of all parties involved, and the child’s adjustment to the home, school or community, when determining child custody.

Venue

In North Dakota, an action for dissolution of marriage may be brought in the county in which the responding party resides at the time of the commencement of the action. The action shall be brought in the petitioning party’s county if the respondent lives outside of the state.

Mediation

Before or after the divorce proceeding has been initiated, the parties may agree to submit any or all of their disputed issues to mediation, allowing the parties to agree in court on an uncontested basis.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.