Ready to start? Download your North Dakota divorce papers today and take the first step toward a new beginning.
Get your divorce papersWhat Divorce Papers needs to be valid in North Dakota
- You or your spouse must have lived in North Dakota for at least 6 months before filing.
- You must have grounds for divorce. North Dakota allows no-fault divorce based on irreconcilable differences, or fault-based grounds if applicable.
- Gather necessary information: your marriage certificate, financial documents (income, expenses, assets, debts), and any existing separation agreements.
- Decide on custody, child support, and division of property. If you agree on all issues, you can file for an uncontested divorce.
- Ensure your forms are properly signed. In North Dakota, some forms require notarization, but not all—check the specific instructions for each form.
How to set up a Divorce Papers in North Dakota
- Obtain the correct divorce forms. You can download them from the North Dakota Courts website or get them from your county's district court clerk.
- Fill out the forms carefully. For an uncontested divorce, you'll typically need a Summons, Complaint, and a Marital Settlement Agreement if you have one.
- Sign the forms in front of a notary public if required. Some forms may need notarization, especially the affidavit of service or financial affidavits.
- File the original forms with the District Court in the county where you or your spouse reside. The filing fee is required; if you cannot afford it, you can apply for a fee waiver.
- Serve the divorce papers to your spouse (or have them served) according to North Dakota rules. This can be done by mail with acknowledgment, or by a sheriff or process server.
- Wait for your spouse's response. If they don't respond within 30 days, you may proceed by default, or you may schedule a hearing if needed.
How much it costs
The filing fee for a divorce in North Dakota varies by county, but it typically ranges from $80 to $125. Additional costs may include sheriff's service fees and notary fees. If you have an uncontested divorce and handle everything yourself, you can minimize expenses, but hiring a lawyer will cost more.
Before You Start: ND Divorce Papers
Filing for divorce in North Dakota requires careful preparation. Use this checklist to gather documents and understand the rules before you begin.
- Confirm you meet North Dakota's residency requirement: you or your spouse must have lived in the state for at least 6 months before filing.
- Gather your personal information: full legal names, addresses, dates of birth, Social Security numbers, and dates of marriage and separation.
- Collect financial documents: income statements, tax returns, bank accounts, retirement accounts, debts, and property deeds.
- If you have children, have their info ready, including custody, parenting time, and child support proposals.
- Check if you need a notary: the Summons and Complaint typically must be signed in front of a notary public.
- Find the correct filing office: file in the district court of the county where either you or your spouse resides, and call ahead to confirm filing fees and accepted payment methods.
Questions people ask
Do I need a lawyer to file for divorce in North Dakota?
No, you can file for divorce on your own, especially if it's uncontested. However, if your situation involves complex assets or custody disputes, consulting a lawyer can help protect your interests.
How long does it take to get a divorce in North Dakota?
An uncontested divorce in North Dakota can be finalized in as little as 30 days after the waiting period, which starts when the complaint is filed and served. Contested divorces take longer, depending on the issues involved.
What are the residency requirements for a North Dakota divorce?
You or your spouse must have been a resident of North Dakota for at least 6 months before filing. This is a strict requirement, so make sure you meet it before starting the process.
Do I need to have my divorce papers notarized?
Some forms require notarization, such as financial affidavits, but not all. Check the instructions for each form. If notarization is required, you'll need to sign in front of a notary public.