Can I File for Divorce in North Dakota?

The state of North Dakota has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with the District Court and Judicial District for your county. The North Dakota residency requirements are as follows:

A separation or divorce may not be granted unless the plaintiff in good faith has been a resident of the state for six months next preceding commencement of the action. If the plaintiff has not been a resident of this state for the six months preceding commencement of the action, a separation or divorce may be granted if the plaintiff in good faith has been a resident of this state for the six months immediately preceding entry of the decree of separation or divorce.

The Dissolution of Marriage is typically filed with in county in which the filing spouse resides.

(North Dakota Century Code - Volume 3A - Chapters: 14-05-17 and 28-04-05)

If you DO NOT meet at least one of the above North Dakota residency requirements, you have the following options:

• Establish residency in North Dakota for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the North Dakota residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

You must live in North Dakota 6 months or more before you can file for divorce. The divorce petition includes a signed statement that the petitioner is a resident of North Dakota for at least six months. An affidavit of a corroborating witness establishing residency is sufficient to prove to the court however, if you have tax records, a rental or lease agreement this will also show residency. Further, providing the court with a North Dakota driver's license or state identification with your current North Dakota address is also sufficient.