Filing for divorce in North Dakota requires choosing between two distinct paths: uncontested or contested. North Dakota is a no-fault divorce state where "irreconcilable differences" is the primary ground. Unlike many states, North Dakota has no mandatory waiting period after filing—once you meet the 6-month residency requirement and complete proper service, your case can proceed. An uncontested divorce typically costs $80-$2,000 and takes 2-3 months, while contested cases can reach $8,000 or more and extend 6-12 months. Understanding the difference between divorce battles and mediation helps you make an informed choice.
Understanding North Dakota Divorce Requirements
Before filing for divorce in North Dakota, you must establish residency. Under NDCC § 14-05-17, the plaintiff must have been a resident of North Dakota for at least six consecutive months before the divorce can be granted. Cases are filed in the North Dakota District Court in the county where either spouse resides.
North Dakota allows both no-fault and fault-based divorces. The no-fault ground of "irreconcilable differences" means the marriage has broken down and cannot be saved. Fault grounds include adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of a felony, and incurable mental illness for five years.
Uncontested Divorce in North Dakota: The Streamlined Path
An uncontested divorce occurs when both parties agree on all issues: property division, debt allocation, spousal support, and if applicable, child custody and support. North Dakota offers a particularly efficient process for couples who can reach agreement.
Filing Together vs. Filing Alone
North Dakota provides two uncontested options. When spouses agree in writing on everything, they can complete settlement paperwork together and file jointly—often without a court appearance. Alternatively, one spouse can file as plaintiff while the other files an answer and waiver, streamlining the process.
Uncontested Divorce Costs and Timeline
- Filing fee: $80 (increasing to $160 effective July 1, 2025)
- Service fees: $25-$75 depending on method
- No mandatory waiting period after filing
- Timeline: 60-90 days typical for agreed cases
Contested Divorce: When Agreement Isn't Possible
When spouses cannot agree on one or more issues, the case becomes contested. This triggers standard civil litigation procedures including discovery, temporary orders, case management conferences, and potentially trial.
Common Contested Issues
- Property division: North Dakota uses equitable distribution, meaning assets are divided fairly though not necessarily equally
- Custody and parenting time: Courts use the Family Mediation Program for contested custody matters
- Spousal support: Based on factors including length of marriage, earning capacity, and standard of living
- Child support: Calculated using North Dakota's child support guidelines
Automatic Restraining Order
Under N.D.R.Ct. 8.4, an automatic restraining order takes effect upon service of the divorce summons. This prohibits both parties from transferring assets, canceling insurance, harassing each other, or removing minor children from North Dakota without consent or court order. These protections maintain the status quo during proceedings.
Contested Costs and Timeline
- Attorney fees: $5,000-$15,000+ depending on complexity
- Mediation fees: Shared between parties
- Expert witnesses: $1,000-$5,000+ if needed
- Timeline: 6-12 months typical for contested cases
North Dakota Divorce Cost Comparison
| Factor | Uncontested | Contested |
|---|---|---|
| Filing Fee | $80 | $80 |
| Service Fees | $25-$75 | $25-$75 |
| Attorney Fees | $0-$1,500 | $5,000-$15,000+ |
| Timeline | 60-90 days | 6-12 months |
| Total Cost Range | $80-$2,000 | $8,000-$25,000+ |
Estimate Your North Dakota Divorce Costs
Use our calculator to estimate potential costs based on your situation:
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Special Requirements When Children Are Involved
North Dakota has specific requirements for divorces involving minor children. Under N.D.R.Ct. 8.3, the court schedules a case management conference early in the process to address custody, visitation, and support issues. The court prioritizes the best interests of the children in all custody decisions. For a complete overview, review the North Dakota divorce filing checklist.
For contested custody matters, North Dakota offers the Family Mediation Program to help parents reach agreements. If mediation fails, the court may appoint a guardian ad litem to represent the children's interests or order a custody evaluation.
Factors to Consider When Choosing Your Path
Several factors should guide your decision between uncontested and contested divorce:
- Communication: Can you and your spouse negotiate constructively?
- Asset complexity: Do you have businesses, retirement accounts, or significant property?
- Children: Can you agree on custody and parenting arrangements?
- Timeline: Review the North Dakota divorce timeline to plan ahead
Disclaimer
This article provides general information about North Dakota divorce laws and is not legal advice. Laws change, and your situation may have unique factors. Consult with a qualified North Dakota family law attorney before making decisions about your divorce.
Next Steps for Your North Dakota Divorce
Whether you pursue an uncontested or contested divorce, preparation is essential. North Dakota provides self-help resources through the ND Courts Legal Self-Help Center, including forms for simple divorces with and without children.
Remember that the 6-month residency requirement must be met before the divorce can be finalized. Use your preparation time to gather financial documents, consider custody arrangements if you have children, and explore whether you and your spouse can reach agreement. The path you choose today will shape your financial future and family relationships.
