North Dakota Divorce FAQ — Most Common Questions (2026)

The Basics

How long do I need to live in North Dakota before filing? At least 6 months — and specifically in the county where you file (NDCC § 14-05-17). Both the state and county residency requirements must be met.

Is there a waiting period after I file? No. North Dakota has no mandatory waiting period. Combined with a $80 filing fee, North Dakota is one of the most accessible states in the country for divorce.

What is the filing fee? $80 — one of the lowest in the entire United States.

What is the no-fault ground? "Irreconcilable differences" (NDCC § 14-05-03.1). Simply allege that irreconcilable differences have caused the irremediable breakdown of the marriage. No minimum duration, no separation period required.

Where do I file? At the District Court in the county where you (or your spouse) have been a resident for 6 months.

The Separation Agreement

When should I file the Separation Agreement? North Dakota files the Separation Agreement with the Complaint. Have it negotiated, signed, and notarized before you file. This front-loading is one reason North Dakota divorces move quickly once filed.

Property and Alimony

Is property divided 50/50 in North Dakota? No. North Dakota is an equitable distribution state (NDCC § 14-05-24). The court distributes property fairly based on all relevant circumstances — not automatically 50/50. Courts have broad authority to distribute all property, including separate property, when equity demands.

How does spousal support work? North Dakota courts have discretion under NDCC § 14-05-24.1, considering factors including marriage duration, earning capacity, health, and the standard of living established during the marriage.

Where do I record a deed after the divorce? At the North Dakota Recorder (or Register of Deeds) in the county where the property is located.

Children

When does child support end in North Dakota? North Dakota child support generally continues to age 18 or through high school graduation (not to exceed 19).

Last reviewed: March 2026 | $80 fee — one of the lowest in the US | 6-month residency in filing county (NDCC § 14-05-17) | No waiting period | "Irreconcilable differences" (NDCC § 14-05-03.1) | Separation Agreement filed with Complaint | District Court — filing county | Equitable distribution (NDCC § 14-05-24) | Spousal support: NDCC § 14-05-24.1 | ND Recorder | ndcourts.gov/legal-self-help/family-law/divorce | legalnd.org

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