Legal Separation and Annulment in North Dakota
Whether North Dakota offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Available. The court may grant a temporary or permanent decree of separation for any cause for which a divorce may be granted; the same six-month residency rule applies. N.D. Cent. Code §§ 14-05-03.1, 14-05-17
| Legal separation | Available. The court may grant a temporary or permanent decree of separation for any cause for which a divorce may be granted; the same six-month residency rule applies. |
|---|---|
| Annulment | A marriage may be annulled for causes existing at the time of marriage, including: a spouse was under the age of legal consent or married without required parental consent (unless the couple freely cohabited after reaching legal age); a spouse's prior marriage was still in force; a spouse was of unsound mind (unless the couple cohabited after recovery); consent was obtained by fraud or force (unless the couple freely cohabited afterward); or a spouse was physically incapable of entering the marriage. Source: N.D. Cent. Code § 14-04-01 |
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
- How to File for Divorce in North Dakota
- All North Dakota divorce & family law rules
FAQ
Can you get a legal separation in North Dakota?
Available. The court may grant a temporary or permanent decree of separation for any cause for which a divorce may be granted; the same six-month residency rule applies.
What are the grounds for annulment in North Dakota?
A marriage may be annulled for causes existing at the time of marriage, including: a spouse was under the age of legal consent or married without required parental consent (unless the couple freely cohabited after reaching legal age); a spouse's prior marriage was still in force; a spouse was of unsound mind (unless the couple cohabited after recovery); consent was obtained by fraud or force (unless the couple freely cohabited afterward); or a spouse was physically incapable of entering the marriage.
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.