How to File for Divorce in North Dakota
How to file for divorce in North Dakota: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: The filing spouse must have been a North Dakota resident in good faith for the six months before filing. N.D. Cent. Code § 14-05-17
| Residency requirement | The filing spouse must have been a North Dakota resident in good faith for the six months before filing. If not, a divorce or separation may still be granted if the filing spouse has been a resident for the six months immediately before the decree is entered. Source: N.D. Cent. Code § 14-05-17 |
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| Filing fee | The fee to file a petition for divorce, annulment or separation is $160 (court fee schedule effective July 1, 2025). A filing fee waiver request form is available. Fee waiver form: https://www.ndcourts.gov/legal-self-help/fee-waiver |
| Uncontested or simplified divorce | Spouses who agree on all issues in writing can use the courts' simple divorce (no children) or uncontested divorce with children packets. If every required document is filed correctly, the divorce is generally granted quickly and without a hearing. With children, the spouses must calculate child support, and both must sign the agreement forms. No-children packet: https://www.ndcourts.gov/legal-self-help/divorce/simple-divorce |
| Waiting period | The courts' self-help page lists no waiting period other than the six-month residency requirement. After being served, the other spouse has 21 days to respond. |
| Divorce forms | The North Dakota Supreme Court's Legal Self Help Center offers free divorce form packets: uncontested divorce with no children; uncontested divorce with children (including child support calculations), for spouses who agree on all issues in writing before filing; starting a contested divorce (Plaintiff); answering a divorce complaint (Defendant), with an answer and counterclaim due 21 days after service; default divorce motions; and case management, trial preparation and final judgment guides. The page also links to service instructions, a fee waiver request and the court's E-File Portal. |
Where to get help in North Dakota
More North Dakota divorce & family law
- Getting a Marriage License in North Dakota
- Adopting a Child in North Dakota
- Guardianship of a Child or Adult in North Dakota
- Establishing Paternity in North Dakota
- Changing Your Name in North Dakota
- Child Custody Laws in North Dakota
- How Child Support Is Calculated in North Dakota
- Divorce Records in North Dakota
- Alimony and Spousal Support in North Dakota
- Legal Separation and Annulment in North Dakota
- All North Dakota divorce & family law rules
FAQ
How long do you have to live in North Dakota to file for divorce?
The filing spouse must have been a North Dakota resident in good faith for the six months before filing. If not, a divorce or separation may still be granted if the filing spouse has been a resident for the six months immediately before the decree is entered.
How much does it cost to file for divorce in North Dakota?
The fee to file a petition for divorce, annulment or separation is $160 (court fee schedule effective July 1, 2025). A filing fee waiver request form is available.
How do you get an uncontested divorce in North Dakota?
Spouses who agree on all issues in writing can use the courts' simple divorce (no children) or uncontested divorce with children packets. If every required document is filed correctly, the divorce is generally granted quickly and without a hearing. With children, the spouses must calculate child support, and both must sign the agreement forms.
Is there a waiting period for divorce in North Dakota?
The courts' self-help page lists no waiting period other than the six-month residency requirement. After being served, the other spouse has 21 days to respond.
Where can I get divorce papers and forms in North Dakota?
The North Dakota Supreme Court's Legal Self Help Center offers free divorce form packets: uncontested divorce with no children; uncontested divorce with children (including child support calculations), for spouses who agree on all issues in writing before filing; starting a contested divorce (Plaintiff); answering a divorce complaint (Defendant), with an answer and counterclaim due 21 days after service; default divorce motions; and case management, trial preparation and final judgment guides. The page also links to service instructions, a fee waiver request and the court's E-File Portal.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.