North Dakota Divorce Timeline: How Long in 2025?

If you're considering divorce in North Dakota, you're probably wondering: how long will this take? Here's the good news: North Dakota has NO mandatory waiting period. Unlike many states that require couples to wait months after filing, North Dakota allows your divorce to proceed as quickly as the court schedule permits—once you meet the residency requirement. To get started, review our detailed North Dakota divorce filing checklist for all necessary forms and documents.

The North Dakota divorce timeline varies significantly based on whether your case is uncontested or contested. An uncontested divorce with no children can finalize in as little as 30-75 days, while contested cases with custody disputes typically take 6-12 months or longer. Understanding these timelines helps you plan realistically and avoid unnecessary delays.

This guide breaks down exactly what to expect at each stage of the North Dakota divorce process, from the unique service-first filing system to final decree, with real-world timelines and practical tips to navigate the process efficiently.

Quick Answer: North Dakota Divorce Timeline

Here's what you need to know about the North Dakota divorce timeline:

• Uncontested Divorce (No Children): 30-75 days from service to decree
• Uncontested Divorce (With Children): 60-120 days, requiring child support calculations and parenting plans
• Contested Divorce: 6-12+ months, depending on complexity and court calendar

Key Requirements:

• Residency: 6 months before decree is granted (can file earlier)
• Waiting Period: None (unique to North Dakota!)
• Filing Fee: $160 as of July 1, 2025
• Service First: North Dakota requires you to serve papers before filing (unusual procedural rule)

The timeline depends heavily on court availability, case complexity, and whether you and your spouse can reach agreements on property, custody, and support issues.

North Dakota's Unique Divorce Features

North Dakota's divorce process has several distinctive features that affect your timeline:

Service Starts the Action (Not Filing)

Unlike most states, a North Dakota divorce begins when you serve the summons and complaint on your spouse—not when you file with the court. You'll serve first, then file within 30 days after a mandatory meeting with your spouse. This is governed by N.D.R.Civ.P. Rule 3 and can be confusing if you're used to other states' procedures.

NO Mandatory Waiting Period

North Dakota does not impose a "cooling off" period after filing. Once you meet the 6-month residency requirement and complete the procedural steps, your divorce can be granted as soon as a judge reviews and signs the decree.

Automatic Restraining Provisions

Every divorce summons in North Dakota must include automatic "status quo" protections under Rule 8.4. These take effect immediately upon service and prohibit both spouses from dissipating assets, canceling insurance, harassing each other, or removing minor children from North Dakota without consent or court order.

Mandatory 30-Day Meeting

Within 30 days after service, you and your spouse must meet (in person or electronically) to prepare a joint informational statement and preliminary property/debt listing. Within 7 days after that meeting, you file the complaint and informational statement with the court. This case management system is unique to North Dakota.

Summary Proceeding Option

If your combined net assets (excluding your homestead) are under $50,000, you can use North Dakota's streamlined Summary Divorce process for faster resolution with simplified procedures.

You can learn more about these requirements on the North Dakota Courts divorce self-help page.

Residency Requirements Explained

To obtain a divorce in North Dakota, the filing spouse (plaintiff) must be a resident of North Dakota for six months either:

1. Before starting the case, OR
2. By the time the decree is entered

This means you can file for divorce before the six-month mark, but the court cannot grant your divorce decree until you've been a resident for six months. For example, if you moved to North Dakota on January 1st, you could serve papers and begin the process immediately, but your decree couldn't be finalized until after July 1st.

This flexibility allows you to get the legal process underway while your residency clock runs, potentially shortening your overall timeline. The residency requirement is codified in N.D.C.C. § 14-05-17.

Step-by-Step Timeline Breakdown

Uncontested Divorce Timeline (No Children)

Day 1: Serve summons and complaint on your spouse (action officially starts)

Days 1-30: Hold the mandatory Rule 8.3 meeting with your spouse to prepare the joint informational statement and preliminary property/debt listing. Exchange financial documents (pay stubs, tax returns, pension info, asset/debt documentation).

Days 30-37: Within 7 days after your meeting, file the complaint, informational statement, and proof of service with the court. The clerk assigns a case number.

Days 37-67: Within 30 days after the informational statement is filed, the judge issues a scheduling order setting deadlines for any remaining steps.

Days 60-75: If all paperwork is complete, you've met the 6-month residency requirement, and the judge doesn't require a hearing, your decree can be signed. Many fully uncontested cases are decided "on the papers" without a court appearance.

Total Timeline: 30-75 days in less-busy counties; up to 90 days in busier jurisdictions.

Uncontested Divorce Timeline (With Children)

The process follows the same steps as above, but adds:

• Child Support Calculator: You must run the official North Dakota Child Support Calculator and attach the results to your filing. You cannot waive child support or deviate from guidelines without meeting narrow exceptions.
• Parenting Plan: A detailed parenting plan addressing custody, parenting time, decision-making, and holidays must be filed.
• Mandatory Mediation: Cases with disputed or unresolved parental rights/responsibilities are automatically referred to the Family Mediation Program within 10 days of filing. The program provides up to six hours of orientation and mediation at no cost.

Total Timeline: 60-120 days, depending on how quickly you can finalize the parenting agreement and complete the child support calculations.

Contested Divorce Timeline

Day 1: Serve summons and complaint

Day 21: Defendant's answer is due (21 days after service). If no answer is filed, you can move for default.

Days 1-30: Mandatory meeting (even in contested cases)

Days 30-37: File complaint and informational statement

Days 37-67: Scheduling order issued, setting deadlines for discovery, motions, mediation, and trial

Ongoing: If parenting disputes exist, you'll be referred to the Family Mediation Program. If you need temporary orders (support, custody, property use), you can file a motion, and the court must hold a hearing within 30 days of filing per Rule 8.2.

Discovery Period: Expect 2-4 months for exchanging documents, interrogatories, depositions, and financial disclosures.

Pretrial Conference: At least 14 days before the pretrial, each party files a Pretrial Conference Statement with exhibits (property/debt listing, monthly expenses, proposed parenting plan if applicable).

Trial: If no settlement is reached, the case goes to trial. The judge has up to 90 days after trial to issue a final ruling.

Total Timeline: 6-12 months is typical for contested divorces. High-conflict cases with custody evaluations, business valuations, or multiple expert witnesses can extend to 12-18 months.

Detailed case management rules are outlined in N.D.R.Ct. 8.3.

What Affects Your Timeline?

Several factors influence how long your North Dakota divorce takes:

Court Calendar and Judge Availability: Busier counties (like Cass County with Fargo) may have longer wait times for hearings and trials than rural counties. Judges' caseloads directly impact how quickly your case moves.

Case Complexity: Simple asset divisions finalize faster than cases involving business valuations, pension divisions, or complex property portfolios.

Children and Custody Disputes: Parenting disagreements add time for mediation (up to 120 days for sessions), parenting investigations, and potentially guardian ad litem involvement.

Discovery Disputes: If one spouse fails to disclose assets or cooperate with discovery, expect delays for motions to compel and possible sanctions hearings.

Attorney Availability: If you're represented, your attorney's schedule and responsiveness affects how quickly documents are prepared and hearings scheduled.

Mediation Outcomes: Successful mediation can shorten contested timelines by 3-6 months by avoiding trial.

Filing Fees and Costs

As of July 1, 2025, North Dakota divorce filing fees are:

• Filing fee (complaint/petition): $160 (first increase since 1995!)
• Answer fee: $100
• Motion fee: $160
• Answer to motion fee: $100

Fee Waiver Option: If you cannot afford these costs, you can file a "Petition for Order Waiving Fees and Financial Affidavit" asking the judge to waive court costs based on financial hardship.

Additional Costs:

• Service of process: $60-$150 per attempt (sheriff or private process server)
• Mediation beyond free hours: $175-$350/hour (split between parties)
• Parenting investigator/Guardian ad litem: $1,500-$5,000+ depending on scope
• Attorney fees: $250-$400/hour is typical in North Dakota

For a fully uncontested case with no attorney, expect total out-of-pocket costs of $200-$400 (filing fee, service, notary, copies). Contested cases can easily reach $5,000-$15,000+ per party when factoring in attorney fees and expert costs.

The official fee schedule is available at the North Dakota Courts fee page.

Calculate Your Estimated Divorce Costs

Use our free calculator to estimate your total divorce costs based on your specific situation in North Dakota, including filing fees, attorney costs, and potential additional expenses.

Tips to Speed Up Your Divorce

Meet the Residency Requirement First: Don't rush to file if you're close to the 6-month mark. Waiting until you clearly meet residency avoids delays at the decree stage.

Prepare Documents in Advance: Gather financial documents, property titles, debt statements, and tax returns before serving papers. Being organized speeds up the mandatory 30-day meeting.

Attend the Mandatory Meeting Promptly: Schedule your Rule 8.3 meeting as soon as possible after service. Delays here push back your entire timeline.

Use the Summary Proceeding if Eligible: If your net assets (excluding homestead) are under $50,000, the Summary Divorce process offers streamlined procedures and potentially faster resolution.

Consider Mediation: Even if not required, voluntary mediation can resolve contested issues in weeks rather than the months required for discovery and trial.

Stay Organized with Deadlines: North Dakota's divorce process has strict deadlines (7 days to file after meeting, 21 days for answer, 14 days before pretrial for statements). Missing deadlines causes delays and may result in court sanctions.

File Electronically (if available): While self-represented litigants can file on paper, using the Odyssey File & Serve system speeds processing and avoids mail delays.

Common Delays to Avoid

Missing the 30-Day Meeting: Failing to meet with your spouse within 30 days after service can delay your entire case and may result in court intervention.

Missing the 7-Day Filing Window: Once you complete the mandatory meeting, you have only 7 days to file the complaint and informational statement. Mark this deadline clearly.

Incomplete Financial Disclosures: North Dakota requires detailed financial exchanges. Incomplete or inaccurate disclosures lead to additional requests, motions to compel, and timeline extensions.

Skipping the Child Support Calculator: If you have children, you MUST run the official calculator and attach results. Trying to waive support or deviate without meeting exceptions will cause rejection and refiling delays.

SCRA Compliance for Military Spouses: If your spouse is in the military or you're seeking a default, you must file an "Active Military Status" declaration complying with the Servicemembers Civil Relief Act. Missing this blocks default judgments.

Frequently Asked Questions

Is there a waiting period for divorce in North Dakota?

No. North Dakota has no mandatory "cooling off" period after filing. Your divorce can proceed as quickly as the court schedule allows, provided you meet the 6-month residency requirement.

How long must I live in North Dakota to file for divorce?

You must be a North Dakota resident for six months before the court can grant your divorce decree. However, you can file before meeting the six-month requirement—the decree will just be delayed until you hit the six-month mark.

Can I file for divorce before living in North Dakota for 6 months?

Yes. You can serve papers and begin the legal process immediately after moving to North Dakota. The court simply cannot grant the final decree until you've been a resident for six months.

What if my spouse doesn't respond to the divorce papers?

If your spouse doesn't file an answer within 21 days after being served, you can file a motion for default judgment. You must include an "Active Military Status" declaration to comply with SCRA protections before the court will grant a default.

Is mediation mandatory in North Dakota?

Yes, for parenting disputes. Cases with disputed or unresolved parental rights/responsibilities are automatically referred to the Family Mediation Program within 10 days of filing, providing up to six hours of free mediation. All civil cases must also discuss alternative dispute resolution and file a Rule 8.8 statement.

Can divorce hearings be conducted remotely?

Yes. North Dakota courts may conduct hearings, conferences, and take testimony by "reliable electronic means" under Administrative Rule 52. Trials by remote technology require consent and court approval. Check your judge's specific preferences and standing orders.

Plan Your Next Steps

Understanding the North Dakota divorce timeline helps you set realistic expectations and avoid common delays. Whether you're facing a 2-month uncontested divorce or a year-long contested battle, knowing the key milestones—service, the 30-day meeting, filing deadlines, mediation, and trial—allows you to plan accordingly. For more ways to reduce expenses, explore how to save money on divorce throughout the process.

If you're ready to estimate your divorce costs or understand your financial options, use our interactive calculator to get personalized projections based on your situation.