RESIDENCY REQUIREMENTS
In order to file a divorce in North Dakota, the filing spouse must have been a resident of the state for at
least six months prior to filing.
GROUNDS
North Dakota recognizes irreconcilable differences as the no-fault ground for divorce.
Adultery, extreme cruelty, conviction of a felony, abuse of alcohol or controlled substances, willful
desertion for a period of one year or more, and willful neglect, are the fault-based grounds for divorce in
the State of North Dakota.
CHILD CUSTODY
Custody should be determined in accordance with the best interests of the child. The court will consider
many factors, including the moral fitness of the parents, the wishes of the mature child, the mental and
physical health of all parties involved, and the child’s adjustment to the home, school or community, when
determining child custody.
VENUE
In North Dakota, an action for dissolution of marriage may be brought in the county in which the responding
party resides at the time of the commencement of the action. The action shall be brought in the petitioning
party’s county if the respondent lives outside of the state.
MEDIATION
Before or after the divorce proceeding has been initiated, the parties may agree to submit any or all of
their disputed issues to mediation, allowing the parties to agree in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using mydivorceapplication.com. This cost may vary by county.
Please check with your local courthouse to determine the exact amount.