North Dakota Divorce Filing Checklist 2025

North Dakota has one of the most distinctive divorce processes in the United States. With a service-first filing system, automatic restraining provisions, structured case management deadlines, and an $80 filing fee—one of the lowest in the nation—North Dakota offers a well-organized and affordable path through divorce proceedings.

Understanding North Dakota's Unique Service-First System

Unlike most states where you file first, North Dakota requires you to commence the action by service, not by filing. Under N.D.R.Civ.P. 3, a civil case (including divorce) begins when you serve the summons on your spouse.

After service, you have specific deadlines: within 30 days, you must meet with your spouse to prepare a joint informational statement, and within 7 days after that meeting, file the summons, complaint, and informational statement with the court. The clerk then assigns a case number.

6-Month Residency Requirement

To file for divorce in North Dakota, the plaintiff must be a state resident in good faith for six months under N.D.C.C. § 14-05-17. You have two options:

• Residency before filing: Be a North Dakota resident for 6 months before commencing the action, OR
• Residency before decree: File earlier but wait until you've been a resident for 6 months before the court can grant the decree

Venue is generally the county where the defendant resides. If no defendant lives in North Dakota, you may file in your county or where the cause arose.

Grounds for Divorce: Irreconcilable Differences

North Dakota is a no-fault divorce state. The most common ground is irreconcilable differences under N.D.C.C. § 14-05-03(7), meaning substantial reasons for not continuing the marriage that make it appear the marriage should not be resolved.

North Dakota also recognizes six fault-based grounds (adultery, extreme cruelty, willful desertion, willful neglect, substance abuse, felony conviction), but these are rarely used today as they require proof and may extend the timeline.

Required Forms and Documents

North Dakota provides comprehensive self-help resources through ndcourts.gov with different form sets depending on your situation:

• Uncontested (File Together): Use if both spouses agree on all issues. Separate packets for cases with and without children. The with-children packet requires completing the child support calculator and parenting plan.
• Contested (Start on Your Own): One spouse serves summons and complaint, then follows case management deadlines.
• Summary Divorce: Streamlined forms for cases with children where combined net assets (excluding homestead) are under $50,000.

All summons forms must include mandatory restraining provisions per N.D.R.Ct. 8.4.

Filing Fees and Costs

North Dakota has one of the most affordable divorce filing fees in the United States:

• Divorce filing fee: $80
• Answer fee: Varies by county (typically $25-$50)
• Service costs: Sheriff service or certified mail fees

Fee waivers are available for those who cannot afford the filing costs. The court will review your financial situation and may waive fees based on demonstrated inability to pay.

Estimate Your North Dakota Divorce Costs

Use our calculator to estimate filing fees, service costs, and other expenses based on your specific situation. For more money-saving strategies throughout the divorce process, see our article on saving money during divorce.

Automatic Restraining Provisions in the Summons

Every divorce summons in North Dakota must include automatic "status quo" protections under N.D.R.Ct. 8.4. These take effect when the summons is served and prohibit both parties from:

• Dissipating, transferring, or disposing of marital assets (except for necessities or regular business)
• Harassing or disturbing the peace of the other party
• Canceling or failing to maintain insurance coverage for parties or children
• Removing minor children from North Dakota without written consent or court order

These provisions provide immediate protection for both spouses and remain in effect throughout the divorce process.

Mandatory Case Management Timeline

North Dakota uses structured case management deadlines under N.D.R.Ct. 8.3:

1. Within 30 days after service: Spouses must meet (in person or electronically) to prepare a joint informational statement and preliminary property-debt listing, and exchange basic financial documents
2. Within 7 days after meeting: File the summons, complaint, and informational statement with the court
3. Within 30 days after filing informational statement: Judge issues a scheduling order setting deadlines for discovery, ADR, parenting plans, and trial

The defendant must serve a written answer within 21 days after service. If no answer is served, the plaintiff may seek a default judgment.

Family Mediation for Parenting Disputes

North Dakota provides a statewide Family Law Mediation Program. Within 10 days of filing, cases with disputed parental rights or responsibilities are automatically referred to the program for up to six hours of combined orientation and mediation at no charge under N.D.R.Ct. 8.1.

This free mediation service helps parents reach agreements on custody, parenting time, and decision-making authority before going to trial.

E-Filing and Remote Proceedings

North Dakota uses the Odyssey File & Serve system. Attorneys must e-file, while self-represented litigants may choose to e-file or file paper documents in person. Time-of-filing is 11:59 p.m. local time under N.D.R.Ct. 3.5.

Courts may conduct hearings, take testimony, and even hold trials by reliable electronic means under Administrative Rule 52, making it easier for parties to participate without traveling long distances across the state.

Timeline for Uncontested Divorce

Here's a typical timeline for an uncontested divorce in North Dakota. For detailed information on each phase, see our article on North Dakota divorce timelines:

1. Day 0: Serve summons and complaint on spouse (action commences)
2. Days 1-30: Meet with spouse to prepare joint informational statement
3. Day 37: File summons, complaint, and informational statement (within 7 days of meeting)
4. Day 67: Court issues scheduling order (within 30 days of filing)
5. Day 90-120: Pretrial conference (if required) or submission of stipulated judgment
6. Day 120-180: Final decree entered (timing depends on court schedule and compliance with 6-month residency)