North Dakota Divorce Self-Help Tools

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The basics

North Dakota divorce at a glance

How property is divided Equitable distribution — fair, but not always 50/50. North Dakota Century Code § 14-05-24.
Filing fee ~$160 (as of July 1, 2025). Varies slightly by county.
Residency requirement 6 months in North Dakota before filing. North Dakota Century Code § 14-05-17.
Waiting period None required. However, the court cannot enter a final divorce decree until the filing spouse has been a state resident for at least 6 months.
Fault required? No — irreconcilable differences is sufficient. North Dakota Century Code § 14-05-09.1.
Mediation Required in cases involving minor children or disagreements over residential responsibility. The state provides up to six hours of mediation at no cost for cases involving children. North Dakota Rules of Court Rule 8.1.
Typical uncontested cost ~$500 - $2,500. Contested cases can be $8,000+

Common questions

What people ask us

How long does a divorce take in North Dakota?

North Dakota has no mandatory statewide waiting period. Uncontested divorces typically finalize in 45–90 days for uncontested cases. Contested divorces involving custody disputes or complex assets can take 12–24 months or longer.

What is the residency requirement to file for divorce in North Dakota?

To file for divorce in North Dakota, at least one spouse must have lived in North Dakota for 6 months before filing. Filing in the wrong jurisdiction can result in your case being dismissed, so confirm with your county clerk if you recently moved.

Does North Dakota require proof of fault to get a divorce?

North Dakota is a no-fault divorce state. You can file citing 'irreconcilable differences' or 'irretrievable breakdown of the marriage' without proving the other spouse did anything wrong. Fault grounds (adultery, cruelty, abandonment) still exist but are rarely needed and don't typically affect property division.

How is property divided in a North Dakota divorce?

North Dakota follows equitable distribution. Courts divide marital property fairly but not necessarily equally, considering factors like each spouse's income, contributions to the marriage, and economic circumstances. Separate property (owned before marriage or received as a gift or inheritance) is generally not divided.

How is child support calculated in North Dakota?

North Dakota uses the Percentage of Income (Varying) model to calculate child support. Both parents' incomes are considered along with the number of children, timesharing schedule, childcare costs, and health insurance. The resulting guideline amount is presumed correct but a judge can deviate based on special circumstances.

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All 53 counties

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Each county can have its own filing office or local court resources. Find your area's e-filing portal and case search below.

Official sources