Divorce in North Dakota: Laws, Requirements, and Process
A complete guide to getting a divorce in North Dakota. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: No mandatory waiting period.
- Filing fee: $80 - $130.
Grounds for Divorce
North Dakota allows no-fault divorce. The no-fault ground is: Irreconcilable differences.
Fault-Based Grounds
North Dakota also recognizes these fault-based grounds for divorce:
- Adultery
- Extreme cruelty
- Willful desertion for one year
- Willful neglect for one year
- Habitual intemperance for one year
- Conviction of a felony
- Insanity for 5 years with confinement
Residency Requirements
6 months in the state.
Property Division
North Dakota is an equitable distribution state. North Dakota follows equitable distribution. Courts divide all property, including separate property, fairly based on the respective ages of the parties, their earning abilities, the duration of the marriage, the conduct of each party during the marriage, and the needs and circumstances of each party.
Alimony / Spousal Support
North Dakota courts may award spousal support based on the needs of the requesting spouse, the ability of the other spouse to pay, the standard of living during the marriage, the length of the marriage, and the health and age of both parties. Rehabilitative support is preferred over permanent support.
Child Custody
North Dakota courts determine custody based on the best interest of the child. Factors include the love and emotional ties between each parent and the child, the ability of each parent to provide adequately, the child's interaction with parents and siblings, and any history of domestic violence.
Child Support
North Dakota uses the income shares model. Child support guidelines consider both parents' net incomes, the number of children, and additional expenses for health insurance, childcare, and extraordinary costs.
Filing Fee
The filing fee for divorce in North Dakota is $80 - $130. Fee waivers may be available for those who cannot afford to pay.
North Dakota court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in North Dakota?
North Dakota allows no-fault divorce based on irreconcilable differences. The state also has fault-based grounds including adultery, extreme cruelty, desertion, neglect, habitual drunkenness, felony conviction, and insanity.
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How long do you have to live in North Dakota to file for divorce?
At least one spouse must have been a resident of North Dakota for at least 6 months before filing the summons and complaint for divorce.
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How is property divided in a North Dakota divorce?
North Dakota uses equitable distribution and courts may divide all property, including separate property. The division is based on factors like the length of the marriage, each party's needs, and their respective earning abilities.
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How long does a divorce take in North Dakota?
North Dakota has no mandatory waiting period. Uncontested divorces can be finalized in approximately 1 to 3 months. Contested cases may take 6 months or longer.