North Dakota Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file an individual Complaint for Divorce at the District Court in your county. Serve the Respondent and proceed to default if no Answer is filed within 21 days.

Individual Complaint — Overview

  1. File Complaint for Divorce at District Court in your county; pay $80
  2. Serve the Respondent
  3. Respondent has 21 days to file an Answer (NDRCP Rule 12(a))
  4. If no Answer: file Motion for Default; default entered; proceed to default judgment
  5. If Respondent answers and contests: discovery, hearings, potential trial

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service. Fastest option.

Option 2 — Sheriff's Service

Service by the county sheriff. Cost: ~$25–$50. Return of Service filed with District Court.

Option 3 — Process Server

Private process servers. Cost: ~$50–$100.

Option 4 — Publication

If your spouse cannot be located after diligent search:

  1. File Motion for Service by Publication with Affidavit of Due Diligence
  2. District Court grants permission
  3. Publish in a North Dakota newspaper
  4. File Affidavit of Publication

After Service — 21-Day Response Deadline

The Respondent has 21 days after personal service to file an Answer (NDRCP Rule 12(a)). File a Motion for Default if no Answer is received.

Default Process

  1. File Motion for Default after 21-day deadline passes
  2. Default entered against Respondent
  3. No waiting period in North Dakota
  4. Request default judgment (on papers or at hearing, per court practice)
  5. Present testimony or affidavit: grounds; marital property evidence
  6. Judge enters Judgment of Divorce by default
  7. Court equitably distributes marital property based on your evidence

Temporary Orders

File a Motion for Temporary Orders during the case:

  • Temporary spousal support
  • Exclusive possession of the marital home
  • Temporary custody and child support (if children)
  • Injunction against dissipation of marital assets

Last reviewed: March 2026 | Individual Complaint + service | 21-day response deadline (NDRCP Rule 12(a)) | Default after no Answer | No waiting period | Equitable distribution | Temporary orders available | District Court — filing county | ndcourts.gov/legal-self-help/family-law/divorce | legalnd.org

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Written by the SoLongSoulmate.com Editorial Team

Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.