Divorce in North Dakota
North Dakota allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a North Dakota resident for six months. No-fault divorce is based on irreconcilable differences.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
None specified
Filing Fee
$150-$300
Property Division
equitable distribution
Grounds for Divorce
- •Irreconcilable differences
- •Adultery
- •Extreme cruelty
- •Willful desertion
Key Facts
- ★North Dakota offers both fault and no-fault divorce grounds
- ★At least one spouse must have been a North Dakota resident for 6 months
- ★Property is divided by equitable distribution
- ★North Dakota has no mandatory waiting period after filing
- ★The state considers all property (marital and separate) for equitable division
Child Custody
North Dakota courts determine custody based on the best interests of the child. The court considers the love and emotional ties between the parent and child, the capacity of each parent to provide, the child's adjustment to home and community, and the mental and physical health of all parties.
Alimony / Spousal Support
North Dakota courts may award spousal support based on the requesting spouse's needs and the other spouse's ability to pay. The court considers the length of the marriage, each party's earning capacity, the age and health of each spouse, and the property distribution in the divorce.
Plan Your North Dakota Divorce
Get personalized guidance for your situation with DivorceIQ's AI assistant.
Download DivorceIQFAQs
Common questions about divorce in North Dakota
North Dakota considers all property of both spouses for equitable distribution, including property acquired before the marriage and separate property. The court makes an equitable distribution of all assets regardless of when or how they were acquired.
North Dakota does not have a mandatory waiting period after filing for divorce. However, the process still takes time for service, response, and court scheduling. An uncontested divorce may be finalized in a few months.