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Courts and Community Resources
Lawyers and Divorce
Mediation
Glossary of Family Law Terms
North Dakota
Judicial System
Legal Assistance
of North Dakota
State Bar Association of North
Dakota
University of North Dakota School of Law - Law Library
State
Statutory Resources
North Dakota Legislative
Branch
2001 North Dakota Century Code
Divorce Law
North Dakota is not a No-Fault jurisdiction. The grounds for divorce in
North Dakota are: adultery, cruelty, desertion or willful neglect for one
year, habitual intemperance for one year, conviction of a felony, insanity
for at least five years, or irreconcilable differences
In order to be granted a divorce in North Dakota, the
filing party must have been a resident of the state for at least six
months. A
military
person (along with his or her spouse) stationed in North Dakota is
considered a resident for the purposes of this title. If you do not meet the
residence requirements, you must file for divorce in the state in which you
claim legal residence.
Time:
It generally takes from one month to one year for a divorce to be granted,
with the average being one to
three months.
Marriage and
Living Together Laws
There is
no waiting period before one can remarry after a divorce in North Dakota
unless a waiting period is specified in the divorce decree. (14-05-02)
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Child Support
Child
Support Explained
North Dakota Child Support Guidelines
North Dakota Child Support Enforcement Agency
Child Custody
and Visitation Law
FAQ on Child
Custody and Visitation
Child Custody
Resources
North Dakota makes custody decisions based on the best interests of the
child.
Property
Division
Property is divided "equitably" according to certain
factors. The court will make a property settlement arrangement that takes
all of the property of the parties into account. North Dakota Courts
consider a nonvested military pension to be marital property, Delorey v.
Delorey, 356 NW 2d 488 (1984). The court will also award alimony and/or
child support as appropriate. (14-05-24)
Divorce Questionnaire
and Worksheet |
