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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
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 Law
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)
Marital Separation Agreements Explained
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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)
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