North Dakota Divorce Law

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North Dakota Divorce Guidelines

North Dakota's Residency Requirements

The petitioner must have been a resident of North Dakota for 6 months or more before filing for divorce.

North Dakota's Grounds for Divorce

North Dakota residents may file for divorce under fault or no-fault grounds.

North Dakota's no-fault grounds is:

  • irreconcilable differences

North Dakota's fault grounds include:

  • adultery
  • conviction of a felony
  • willful desertion
 

North Dakota's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a North Dakota court will make a ruling.

North Dakota courts consider factors such as:

  • each parent's ability to meet the child's needs
  • whether a parent will allow a meaningful relationship between the child and other parent
  • any history or evidence of domestic violence
  • the wishes of the child, if 12 years of age or older
 

North Dakota's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

North Dakota courts consider factors such as:

  • each parent's net income
  • each parent's ability to provide support
  • each parent's other financial obligations
 

North Dakota's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

 

North Dakota's Property Division Guidelines

North Dakota has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

 

North Dakota's Venue Guidelines

The divorce forms may be filed in the petitioner's county of residence.

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  • My Divorce Steps

  • 1. Create an account:

    Simply register online, pay the small fee, gather your papers and ready to get a divorce.

  • 2. Answer the Questions:

    Answer each of the questions we will ask you and the forms will be completed for you.

  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

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Jun 15, 2012
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Jun 19, 2012
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Free Last Will & Testament: As part of an effort to help you start over, you will receive everything you need to create a new Last Will & Testament.

Free Living Trust: Now that you are starting your life over, we think it is important to create a family trust to protect your assets.  We offer all you need to create a trust for your family.

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