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Divorce in North Dakota

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North Dakota is nicknamed the Peace Garden State, but when facing off with a nasty ex, it may also take on the name the Roughrider State.

To file for divorce in North Dakota, you (plaintiff) must have resided in North Dakota for at least six months.1

North Dakota is both a fault and no-fault divorce state. To obtain a no-fault divorce, you have to file for “irreconcilable differences.” Fault-based grounds for divorce in North Dakota include adultery, desertion, willful neglect, extreme cruelty, abuse of alcohol and controlled substances, or felony conviction.2

North Dakota is an equitable distribution state, and only property acquired during the marriage is subject to division. The court will attempt to divide marital property in a manner that is both fair and equitable for both parties.3

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1N.D.C.C. § 14-07-07

2N.D.C.C. § 14-05-08

3N.D. CENTURY CODE ANN. § 14-05-24

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