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Uncontested Divorce in North Dakota
Requirements for an Uncontested Divorce in North Dakota
To qualify for an uncontested divorce (called “dissolution of marriage”) in North Dakota, the following must apply:
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Residency:
At least one spouse must have been a North Dakota resident for at least 6 months before the court issues the divorce judgment.
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Grounds for Divorce
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North Dakota allows no-fault divorce on the basis of irreconcilable differences.
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No proof of wrongdoing is needed for uncontested cases.
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Full Agreement:
Both parties must be in full agreement on:
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Division of property and debts
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Alimony (spousal support), if any
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Child custody, visitation, and support (if you have children)
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Steps to File for an Uncontested Divorce:
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Complete the Required Forms
North Dakota offers two paths:
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Stipulated (Uncontested) Divorce: Both parties sign all documents
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Forms vary depending on whether you have children
Basic forms include:
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Summons and Complaint
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Stipulation for Entry of Judgment
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Property and Debt Listing
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Affidavit of Proof for Stipulated Divorce
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Findings of Fact, Conclusions of Law, and Order for Judgment
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Judgment and Decree of Divorce
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Child Support and Parenting Plan Documents (if applicable)
Forms available here:https://www.ndcourts.gov/legal-self-help/divorce
2. File with the District Court
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File in the District Court of the county where either spouse resides.
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Filing Fee: ~$80
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Fee waivers are available by submitting a Request to Waive Filing Fees if you qualify based on income.
3. Submit All Documents
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If both spouses sign the necessary documents (stipulated divorce), no service of process is required.
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File the completed documents with the clerk.
4. Court Review and Judgment
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No hearing is typically required in a fully uncontested case.
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A judge will review the documents and, if everything is in order, will sign the Judgment and Decree of Divorce.
Cost Considerations
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Filing Fee: $80
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Attorney Flat Fee: $500–$1,000 (optional)
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Online Divorce Services: $150–$300
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Fee Waiver: Available for qualifying individuals
Important Considerations
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With Children:
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Must file a Parenting Plan and Child Support Guidelines Worksheet
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Child support must meet state guideline minimums
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The court must find all custody and support arrangements in the best interest of the child
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Property Division:
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North Dakota follows equitable distribution—fair, not necessarily equal
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Legal Advice Recommended:
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Even in an uncontested case, have an attorney review your agreement—especially if there’s real estate, retirement assets, or minor children involved
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