NORTH DAKOTA DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a North Dakota uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these documents are typically not required.

Understanding the North Dakota Divorce Papers:

• Complaint for Divorce: The complaint, which must be verified by the plaintiff, lists irreconcilable differences as the grounds for divorce along with any relief sought.
• Verification (for Complaint): The verification, which must be notarized, certifies the truth of the Complaint. A false verification puts the plaintiff at risk of contempt of court.
• Marital Settlement Agreement: This notarized agreement entered into between a husband and a wife establishes the terms and conditions of their divorce and resolving such matters as property division and other issues when they end their marriage to each other.
• Schedule for Visitation of Minor Children: This schedule shows the visitation and parenting time routine for the noncustodial parent. It will address holidays and the overnights with each parent.
• Financial Affidavit (Plaintiff): The plaintiff completes this notarized financial statement that presents information to the court for use in determining the correct amount of child support based on the North Dakota Child Support Guidelines.
• Financial Affidavit (Defendant): The defendant completes this notarized financial statement that presents information to the court for use in determining the correct amount of child support based on the North Dakota Child Support Guidelines.
• Child Support Procedures: The courts use the North Dakota child support guidelines to determining the amount a parent should be expected to contribute toward the support of a child. These guidelines apply in any action in North Dakota in which a child support obligation is being established or changed.
• Child Support Worksheet: The basic worksheet plus seven accompanying schedules are used to calculate and implement child support guidelines.
• Child Support Schedule 1 - Hypothetical Federal and State Income Tax: Used for determining hypothetical federal and state income tax deductions from gross income.
• Child Support Schedule 2 - Health Insurance: Used for determining the deduction from gross income for health insurance.
• Child Support Schedule A - Imputed Income: Used when income must be imputed because the obligor is unemployed or underemployed.
• Child Support Schedule B - Self-Employment Income: Used in determining net income from self employment.
• Child Support Schedule C - Multiple Families: Used when the obligor owes support to two or more obligees.
• Child Support Schedule D - Adjustment for Extended Visitation: Used when a court order provides for extended parenting time between an obligor and a child living with an obligee and that parenting time exceeds 60 or 90 consecutive nights or a total of 164 nights.
• Child Support Schedule E - Foster Care: Used to determine the support amount for a child entering foster care or guardianship from a non-intact household or from an intact household where either parent has a duty to support another child who is not a child of the parent.
• Declaration Under the Uniform Child Custody Jurisdiction Act: This declaration certifies that the parties comply with the UCCJEA and establishes the place of residence of minor children involved in the action.
• Entry of Appearance, Consent and Waiver of Service: By this notarized form, the respondent accepts receipt of the petition for dissolution, enters an appearance, and waives the formal service of a Summons. Signing the form means that the action can move along uncontested.
• Notice of Final Hearing: The plaintiff uses this form to inform the defendant of the final divorce hearing.
• Findings of Fact, Conclusions of Law, and Order for Judgment: The Findings of Fact, Conclusions of Law and Order of Judgment states the court's finding and conclusions about the case and orders the divorce.