North Dakota · Uncontested divorce · Updated Oct 2026

Uncontested divorce in North Dakota

What couples who agree need to know in North Dakota: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver and mediation.

In short

Agreed cases in North Dakota, according to the official sources: 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.

Who can file (residency)
6 months
Waiting period
No set waiting period
Filing fee
$160

Who can use the process for agreed cases 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.

Before you 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.
Law
N.D. Cent. Code 14-05-17 · ND Legal Self Help Center (divorce; default divorce)

Forms, fees and filing in North Dakota

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

If you agree on only some issues

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).

An uncontested divorce in North Dakota, step by step

  1. 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.

  2. See if you qualify for the simpler process

    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.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (North Dakota courts)

  4. File, and pay the fee or ask for a waiver

    $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.

  5. Have your spouse sign or be served

    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).

  6. Wait out the waiting period

    No statutory waiting period.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in North Dakota

Is there a simplified divorce for agreed cases 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 an uncontested 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.

Who can file for an uncontested divorce 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.

How much does it cost to file an uncontested 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).

Is mediation required 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).

More about divorce in North Dakota

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.