North Dakota Divorce Records

North Dakota has a divorce rate of 2.7 per 1,000 persons, which is higher than the national average of 2.4 per 1,000 persons. This figure indicates that marriages in North Dakota are more prone to dissolution than in many other states. Local divorce rates also vary based on ethnicity. Specifically, African Americans experience higher divorce rates, while Asian couples are the least likely to be in a divorce.

Alaska divorce records include all documents and materials filed and generated about a divorce case. These records are created and maintained by the state's District Courts. There are three main types of divorce records in North Dakota:

• Judgment of Divorce: this is typically issued by the court when a divorce is granted. It contains the court decisions concerning the divorce, the approved parenting plan, and the property distribution and debt agreement.
• Certificate of Divorce Absolute: this document confirms the finalization of a divorce.
• Divorce Separation Agreement: this outlines the terms agreed upon by both parties involved in the divorce.

North Dakota divorce records are generally open to the public. However, access to certain sensitive information contained in these records may be restricted to specific parties.

What Are the Residency Requirements for Divorce in North Dakota?

In North Dakota, anyone who wishes to file for a divorce must meet certain residency requirements for a North Dakota District Court to handle the case. Chapter 14-05-17 of the North Dakota Century Code outlines these requirements.

A North Dakota District Court will handle a divorce filing if the petitioner has been a resident of the state for at least six months before starting the divorce process or if the petitioner has been a state resident for at least six months before the District Court grants a divorce judgment.

What Are the Grounds for Divorce in North Dakota?

North Dakota is a no-fault state, which means that the party filing the divorce does not need to prove that their spouse did anything wrong for the District Court to grant divorce. The petitioner only needs to claim that the spouses have irreconcilable differences. The District Court judge may grant the divorce if they find irreconcilable differences in the marriage.

Although North Dakota is a no-fault state, District Court judges may grant divorce on the following grounds:

• Adultery
• Extreme cruelty
• Willful desertion
• Conviction of felony
• Willful neglect

How Much Does It Cost to File for Divorce in North Dakota?

Filing a divorce in North Dakota costs $80, excluding additional costs that may be incurred due to a divorce. These costs may include:

• Attorney fees
• Mediation fees
• Alimony payments
• Property division
• Child support calculations
• Expert witness fees

Generally, the average cost of getting divorced in North Dakota is $8,000, which is less than the national average of $9,970. It is also lower than neighboring South Dakota, where the divorce rate is $8,500.

How Long Is the Waiting Period for Divorce in North Dakota?

North Dakota does not have a mandatory waiting period before a divorce is granted. However, if the petitioner meets the six-month residency requirement and files all necessary documents correctly, the divorce may take one to six months to be finalized.

How To File for Divorce in North Dakota

There are generally two ways to file for divorce in North Dakota, depending on whether it is uncontested or contested. An uncontested divorce is initiated jointly by the couple. This divorce occurs when both parties agree on all aspects of their separation and complete the necessary settlement agreement paperwork together. After that, both parties must fill out the required forms:

• Summons
• Complaint
• Settlement agreement
• Property and debt listing
• Admission of service
• Affidavit of Proof
• Finding of facts
• Judgment
• Confidential information form
• Notice of entry of judgment

If the couple files every document correctly, the court may grant the divorce without a hearing.

In contrast, to file a contested divorce, you must prepare and complete a summons, complaint, and confidential information form. After that, you must arrange to serve the summons and complaint for divorce on your spouse, the defendant. You can do so by contracting someone to deliver the documents to your spouse or by making the court notice public using different channels, including government agencies, friends, and families.

Your spouse has 21 days after the date they were served the summons and complaint to answer in writing. If your spouse answers the summons and complaint, you must meet them to prepare the joint information statement and begin a preliminary property and debt listing.

After the meeting, you must file the summons, complaint, and informational statement with the North Dakota State District Court. If the Clerk of the District Court accepts the summons, complaint, and informational statement for filing, the Clerk assigns a case number to your divorce case.

Are Divorce Records Public in North Dakota?

In North Dakota, divorce records and information are considered public and are available for inspection upon request. However, most divorce records contain confidential information which exempts them from public disclosure. For example, North Dakota divorce judgments generally contain parenting plans and confidential division of property and debts. Access to divorce judgment in the state is often restricted to parties in the divorce and individuals with a valid court order.

How To Get Certified Copies of a Divorce Decree in North Dakota?

Eligible persons can obtain certified copies of a divorce decree in person or via mail from the Clerk of the District Court that handled the case. The first certified copies of the divorce judgment cost $10, and each additional certified copy costs $5.

North Dakota divorce decree generally contains the divorce judgment, the confidential division of property and debts, and the approved parenting plan. Unlike a divorce decree, a divorce certificate is a document that states that divorce has taken place between two parties.

Divorce Settlement: Is North Dakota a 50/50 State?

North Dakota follows an equitable distribution approach in the distribution of property and debts between parties in a divorce. This is different from the 50/50 approach, in which every asset the couple acquires during the marriage is split equally. An equitable distribution allows the court to distribute property fairly by considering the following factors:

• The length of the marriage
• Each spouse's age and health
• Each spouse's contribution to the marriage
• Each spouse's income and earning potential

FAQs about the Divorce Process in North Dakota

Here are answers to frequently asked questions about the divorce process in North Dakota.

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