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Fees and procedures change — always verify with the clerk.

Court filing fees, required forms, and local procedures are set by each county and can change without notice. The information on this page is provided for general guidance only. Before filing, confirm current fees and requirements directly with the Burleigh County Clerk of Courts (clerk website) or the North Dakota courts self-help resources.

How to file for divorce in Burleigh County

The steps below apply to most uncontested divorces in North Dakota. Contested cases or those involving complex assets, business interests, or child custody disputes may require additional steps and professional legal guidance.

Confirm you meet the residency requirement. North Dakota requires that at least one spouse has lived in the state for the required period before filing. Check the North Dakota courts website for the current residency requirement.
Choose your divorce type. Most states offer an uncontested (agreed) divorce path when both spouses agree on all terms — property division, child custody, child support, and spousal support. If you disagree on any issue, the case is contested and may require mediation or a court hearing.
Obtain and complete the required forms. Download the official divorce petition and related forms from the North Dakota courts website. Fill out all required documents carefully and have them signed and notarized where required.
File your documents with the clerk. E-file (recommended): Use the e-filing portal to submit your documents online and pay the filing fee by card. In person: Bring copies of all completed forms to the Burleigh County Clerk of Courts.
Serve your spouse. If you are not filing jointly, your spouse must be formally served with the divorce papers. Common methods include: waiver of service (if your spouse agrees), sheriff or constable service, a licensed process server, or service by publication if your spouse cannot be located.
Exchange financial disclosures. Most states require both parties to exchange financial disclosure documents — typically including tax returns, pay stubs, bank statements, and documentation of assets and debts. Check North Dakota family law rules for the specific requirements and deadlines.
Attend mediation if required. Some counties require mediation before a contested hearing. Even if not required, mediation can help resolve disputes more quickly and affordably than going to trial.
Attend your final hearing. For uncontested divorces, the hearing is typically brief. Bring your completed final judgment form for the judge to review and sign. Once entered, the Final Judgment of Divorce legally ends your marriage.