North Dakota Divorce Law

Complete Overview of of the North Dakota Divorce Laws

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Important North Dakota Divorce Guidelines to File for a Divorce

North Dakota Residency Requirements For Divorce

To successfully file for a divorce in North Dakota residential requirements state that either party must have been a legal resident of North Dakota for at least six months prior to filing.

Grounds For Divorce In North Dakota

There is only one recognized no fault ground in North Dakota and it is:

  • irreconcilable differences.

Here are some of the common grounds for filing a fault-based divorce in North Dakota:

  • adultery;
  • conviction of a felony;
  • alcoholism;
  • willful desertion;
  • cruel and inhuman treatment.
North Dakota Child Custody

In North Dakota divorce courts custody is almost always determined with the best interest of the child in mind. Here are some of the factors that are considered when courts are making a decision on child custody:

  • capacity of the child’s parents to give love, affection and guidance;
  • moral fitness of the parents;
  • wishes of the child if child is sufficiently mature;
  • bond between child and parent and other siblings;
  • child’s adjustment to home, school, and community;
  • mental and physical health of all individuals involved.
North Dakota Child Support Guidelines



A divorce in North Dakota is usually processed in the specific county where the person is living at the time in which they filed their North Dakota divorce forms.


The parties may agree to submit any or all of their disputed issues to mediation, before or after the filing of North Dakota divorce papers. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.