Divorce in North Dakota

1. Waiting period

   Not yet verified

   Start with Divorce — Legal Self Help Center (North Dakota Court System).

2. Residency requirement

   6 months

   The spouse filing must have lived in North Dakota in good faith for six months before starting the case, or for six months before the divorce is granted.^[1]

   N.D.C.C. § 14-05-17 · checked October 26, 2026

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   “A separation or divorce may not be granted unless the plaintiff in good faith has been a resident of the state for six months next preceding commencement of the action.”

3. No-fault divorce

   Yes, fault grounds also exist

   North Dakota allows divorce for irreconcilable differences, alongside fault grounds such as adultery and extreme cruelty.^[1]

   N.D.C.C. §§ 14-05-03, 14-05-09.1 · checked October 26, 2026

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   “Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”

   “Divorces may be granted for any of the following causes: 1. Adultery. 2. Extreme cruelty.”

4. Property division

   Equitable distribution

   When a divorce is granted, the court makes an equitable distribution of the spouses' property and debts.^[1]

   Community property in North Dakota: the statute quoted →

   N.D.C.C. § 14-05-24(1) · checked October 26, 2026

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   “When a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties.”

5. Court mediation for custody

   Required (statewide program)

   Under the Supreme Court's Family Mediation Program rule, the clerk refers new cases with a parenting-rights dispute, including divorces, to the program within 10 days of filing; cases are excluded where a current domestic violence protection order exists unless listed safeguards are met.^[2]

   N.D.R.Ct. 8.1(c) · checked October 26, 2026

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   “Within 10 days of filing, the following new cases will be referred by the district court clerk to the program administrator: (A) any civil proceeding in which there is a dispute or an unresolved issue regarding parental rights and responsibilities”

   “a current domestic violence protection order or other order for protection between the parties exists, unless: (i) mediation is requested by the victim of the domestic violence or sexual abuse, and an exception to the order of protection is made by the court;”

6. Court mediation fees

   First 6 hours program-funded

   The state Family Mediation Program automatically provides up to six hours of orientation and mediation, with mediators paid at a rate set by the state court administrator; extra sessions are at that hourly rate, with fee waivers or sliding-scale fees available by income.^[2]

   N.D.R.Ct. 8.1(c)(5) · checked October 26, 2026

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   “The program will automatically provide up to six hours of combined pre-mediation orientation and mediation. Mediators will be compensated at a rate to be set annually by the state court administrator.”

   “may apply for a fee waiver or sliding scale fee using Form C.”

7. Filing fee

   $160

   North Dakota's statewide court fee schedule sets a $160 fee for filing a petition for divorce, annulment, or separation.^[3]

   North Dakota Court Fee Schedule, effective July 1, 2025 · checked October 26, 2026

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   “For filing a petition for divorce, annulment, or separation (Title 14) ............$160”

8. Alimony

   Court decides, within limits

   North Dakota does not allow permanent spousal support; a court may order support for a limited time if the recipient cannot meet reasonable needs and the payer can pay without undue hardship, after weighing eight statutory factors. The statute caps duration at a percentage of the marriage’s length (up to 50% to 80% for marriages under 20 years) unless the court makes written findings to deviate.

   Alimony in North Dakota, with the statute quoted →

9. Divorce rate

   2.6 per 1,000 residents (2024)

   North Dakota’s courts granted 2.6 divorces per 1,000 residents in 2024, down from 3.4 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 7.5 of every 1,000 women 15 and older in North Dakota divorced in the past year (±2.6; U.S. 6.9), a different measure.^[5][6]

   Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026

Estimate your divorce cost in North Dakota: mediation vs. court →

How child support is calculated in North Dakota →

Official help: Divorce — Legal Self Help Center (North Dakota Court System)

Mediators per 100,000: MediationList listings from official court and government rosters in North Dakota (70) ÷ population (796,568, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.^[4]