North Dakota Divorce Laws and Forms (2026)

Where and how to file in North Dakota

Who can file (residency): The spouse who files must have lived in North Dakota in good faith for 6 months before filing, or at least for the 6 months right before the judge grants the divorce.
Waiting period: No statutory waiting period. Your spouse has 21 days after service to answer; if they don't, you can ask for a default judgment. Agreed divorces are often granted quickly, sometimes without a hearing.
Court: State District Court
Official forms: Divorce forms (North Dakota courts)
Court self-help: Divorce self-help (North Dakota courts)
Filing fee: $160 to file for divorce (N.D. Cent. Code 27-05.2-03(1)(b); ND Legal Self Help Center instructions, rev. July 2025).
If you can't afford the fee: Petition for Order Waiving Fees and Financial Affidavit (signed before a notary): https://www.ndcourts.gov/legal-self-help/fee-waiver
Simpler process for agreed cases: Yes: 'Divorce with an agreement' packets (no children, or with children) when you both agree on everything, are in contact, one of you has lived in ND for 6 months, and (with children) there is no protection order. Usually granted quickly, often without a hearing.
Law: N.D. Cent. Code 14-05-17 · ND Legal Self Help Center (divorce; default divorce)

Divorce in North Dakota, step by step

Check that you can file in North Dakota
The spouse who files must have lived in North Dakota in good faith for 6 months before filing, or at least for the 6 months right before the judge grants the divorce.
Get the official forms
Use the court's official divorce forms: Divorce forms (North Dakota courts) Yes: 'Divorce with an agreement' packets (no children, or with children) when you both agree on everything, are in contact, one of you has lived in ND for 6 months, and (with children) there is no protection order.
File the papers and pay the fee, or ask for a waiver
File with the State District Court. Filing fee: $160 to file for divorce (N.D. Cent. Code 27-05.2-03(1)(b); ND Legal Self Help Center instructions, rev. Can't afford it? Petition for Order Waiving Fees and Financial Affidavit (signed before a notary): https://www.ndcourts.gov/legal-self-help/fee-waiver.
Serve your spouse
Your spouse must be served with the Summons and Complaint under N.D. R. Civ. P. 4, or can sign an Admission of Service (Form 5 in the agreed packet).
Your spouse responds
21 days after service. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
No statutory waiting period.
Agree, or go to mediation or a hearing
For contested custody or parenting time, the court's Family Law Mediation Program gives up to 6 hours of orientation and mediation free (N.D.R.Ct. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. The court's divorce forms let either spouse list the new (former) name to be restored in the judgment.

Free tools for North Dakota

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Divorce timeline estimator for North Dakota

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Grounds for divorce in North Dakota

No-fault ground: irreconcilable differences
Fault grounds: Also allowed
Law: N.D. Cent. Code 14-05-03 (adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, felony conviction, irreconcilable differences), 14-05-09.1

Property and debts in North Dakota

System: Equitable distribution
The rule: The court makes an equitable (fair) division of all property and debts. Unless you agree on a date, marital property is valued 60 days before the first scheduled trial date.
Law: N.D. Cent. Code 14-05-24

Alimony (spousal support) in North Dakota

Called spousal support. The court may not award permanent spousal support. It can award support for a limited time if the person asking can't meet reasonable needs and the payer can afford it: rehabilitative, general term, or lump sum. Unless the court finds a longer time necessary, it ends after a set share of the marriage's length: under 5 years up to 50%; 5-10 years up to 60%; 10-15 years up to 70%; 15-20 years up to 80%; 20+ years as agreed or set by the court. These rules come from 2023 House Bill 1037 and apply to divorces filed on or after August 1, 2023. N.D. Cent. Code 14-05-24.1.

Children: custody and support in North Dakota

What North Dakota calls custody: primary residential responsibility, decision-making responsibility and parenting time (parenting plan)
Child support calculator: Official child support calculator or guidelines
Child support agency: North Dakota Child Support (ND Health and Human Services)

Serving your spouse in North Dakota

How your spouse gets the papers: Your spouse must be served with the Summons and Complaint under N.D. R. Civ. P. 4, or can sign an Admission of Service (Form 5 in the agreed packet).
Time to respond: 21 days after service
Law: ND Legal Self Help Center: Default divorce; N.D. R. Civ. P. 4, 12

Going back to a former name in North Dakota

Yes. The court's divorce forms let either spouse list the new (former) name to be restored in the judgment.

Mediation in North Dakota

For contested custody or parenting time, the court's Family Law Mediation Program gives up to 6 hours of orientation and mediation free (N.D.R.Ct. 8.1).

Free help in North Dakota

North Dakota Legal Self Help Center

Good to know in North Dakota

North Dakota law bars permanent spousal support and caps its length as a share of the marriage. (N.D. Cent. Code 14-05-24.1)
You can meet residency either 6 months before filing or 6 months before the judgment. (14-05-17)
Up to 6 hours of family mediation are free through the court. (Family Law Mediation Program)

Changes in 2024–2026

No 2024-2026 change to the core divorce sections found. The spousal support rules (no permanent support; duration limits) date from 2023 HB 1037, effective for cases filed on or after August 1, 2023. Self Help Center instructions revised July 2025.

Divorce checklist for North Dakota

Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.

Questions about divorce in North Dakota

How long do you have to live in North Dakota to file for divorce?

The spouse who files must have lived in North Dakota in good faith for 6 months before filing, or at least for the 6 months right before the judge grants the divorce.

How long does a divorce take in North Dakota?

No statutory waiting period. Your spouse has 21 days after service to answer; if they don't, you can ask for a default judgment. Agreed divorces are often granted quickly, sometimes without a hearing.

What are the grounds for divorce in North Dakota?

North Dakota's no-fault ground is irreconcilable differences. Fault grounds are also allowed.

Is North Dakota a community property state?

No. North Dakota uses equitable distribution. The court makes an equitable (fair) division of all property and debts. Unless you agree on a date, marital property is valued 60 days before the first scheduled trial date.

How much does it cost to file for divorce in North Dakota?

$160 to file for divorce (N.D. Cent. Code 27-05.2-03(1)(b); ND Legal Self Help Center instructions, rev. July 2025).

Can I get the divorce filing fee waived in North Dakota?

Petition for Order Waiving Fees and Financial Affidavit (signed before a notary): https://www.ndcourts.gov/legal-self-help/fee-waiver

Is there a simpler divorce process in North Dakota?

Yes: 'Divorce with an agreement' packets (no children, or with children) when you both agree on everything, are in contact, one of you has lived in ND for 6 months, and (with children) there is no protection order. Usually granted quickly, often without a hearing.

How long does my spouse have to respond in North Dakota?

21 days after service

Can I change my name back in a divorce in North Dakota?

Yes. The court's divorce forms let either spouse list the new (former) name to be restored in the judgment.

Is mediation required in a divorce in North Dakota?

For contested custody or parenting time, the court's Family Law Mediation Program gives up to 6 hours of orientation and mediation free (N.D.R.Ct. 8.1).

How does alimony work in North Dakota?

Called spousal support. The court may not award permanent spousal support. It can award support for a limited time if the person asking can't meet reasonable needs and the payer can afford it: rehabilitative, general term, or lump sum. Unless the court finds a longer time necessary, it ends after a set share of the marriage's length: under 5 years up to 50%; 5-10 years up to 60%; 10-15 years up to 70%; 15-20 years up to 80%; 20+ years as agreed or set by the court. These rules come from 2023 House Bill 1037 and apply to divorces filed on or after August 1, 2023. N.D. Cent. Code 14-05-24.1.

Sources

Last checked: Oct 24, 2026.

North Dakota divorce laws

Where and how to file in North Dakota

Divorce in North Dakota, step by step

Check that you can file in North Dakota

Get the official forms

File the papers and pay the fee, or ask for a waiver

Serve your spouse

Your spouse responds

Wait out the waiting period

Agree, or go to mediation or a hearing

Get the final decree