Divorce Law Basics in the State of North Dakota

Also See: North Dakota Marriage Laws

Statute: North Dakota State Divorce Code (Title 14, Chapter 5): legis.nd.gov

No-Fault Grounds:

• Irreconcilable differences

At-Fault Grounds:

• Adultery
• Cruel and inhuman treatment
• Willful desertion
• Willful neglect
• Abuse of alcohol or controlled substances
• Conviction of a felony

Residency: Plaintiff must be a resident of the state for at least 6 months prior to filing or 6 months prior to the decree being issued

Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.

Counseling Requirements: The court shall require the parties to attend parenting education classes if a minor child is involved.

Property Distribution: North Dakota relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner if the parties can’t agree on their own.Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party at the discretion of the court.