North Dakota Family Laws

Filing fee for dissolution of marriage in North Dakota district court.

The plaintiff must have been a resident of North Dakota in good faith for at least 6 months before filing or before entry of the decree.

North Dakota recognizes no-fault divorce based on irreconcilable differences, as well as fault-based grounds: adultery, extreme cruelty, willful desertion for one year, willful neglect for one year, habitual intemperance for one year, and conviction of a felony.

The court shall make an equitable distribution of the property and debts of the parties. The court begins with a presumption of equal division, then considers the unique circumstances including each spouse's contributions, length of marriage, and needs after divorce.

Courts may award spousal support when there is a financial need and the other spouse has the ability to pay. Awards are decided on a case-by-case basis considering the standard of living during marriage, duration of marriage, and earning capacity.

Courts determine custody (residential responsibility) based on the best interests of the child, considering factors including each parent's relationship with the child, the child's adjustment, the mental and physical health of all parties, and any history of domestic violence.

North Dakota uses an obligor model where only the noncustodial parent's income is used in the primary calculation. Income includes wages, benefits, self-employment income, and gifts or prizes over $1,000 per year.

Victims of domestic violence may petition for a protection order requiring the abuser to stay away, vacate the home, and have no contact. Violation of a protection order is a criminal offense.