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Our 3StepDivorceTM Online Divorce for North Dakota is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the North Dakota courts to finalize your divorce.
In the event that the documents provided are not accepted by the North Dakota court due to the fault of 3StepDivorceTM, you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
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North Dakota Residency Requirements
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)
North Dakota Divorce Grounds:
A. Irreconcilable differences. Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. (North Dakota Century Code - Volume 3A - Chapters: 14-05-03)
North Dakota Property and Debt Division
When a divorce is granted, if the parties can not agree otherwise, the court shall make an equitable distribution of the property and debts of the parties. The court may redistribute property in a postjudgment proceeding if a party has failed to disclose property and debts as required by rules adopted by the Supreme Court or the party fails to comply with the terms of a court order distributing property and debts. (North Dakota Century Code - Volume 3A - Chapters: 14-05-24)
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North Dakota Spousal Support, Maintenance, or Alimony:
If the parties have not agreed to a support amount, the court will take into consideration the circumstances of the parties, the court may require one party to pay spousal support to the other party for any period
of time. The court may modify its spousal support orders and all support orders may be made through the clerk of the court. (North Dakota Century Code - Volume 3A - Chapters: 14-05-24)
North Dakota Custody and Visitation:
For the purpose of custody, the best interests and welfare of the child is determined by the court's consideration and evaluation of all factors affecting the best interests and welfare of the child. These factors include all of the following when applicable: 1. The love, affection, and other emotional ties existing between the parents and child. 2. The capacity and disposition of the parents to give the child love, affection, and guidance and to continue the education of the child. 3. The disposition of the parents to provide the child with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs. 4. The length of time the child has lived in a stable satisfactory environment and the desirability of maintaining continuity. 5. The permanence, as a family unit, of the existing or proposed custodial home. 6. The moral fitness of the parents. 7. The mental and physical health of the parents. 8. The home, school, and community record of the child. 9. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. 10. Evidence of domestic violence. 11. The interaction and interrelationship, or the potential for interaction and interrelationship, of the child with any person who resides in 12. The making of false allegations not made in good faith, by one parent against the other, of harm to a child. 13. Any other factors considered by the court to be relevant to a particular child custody dispute. (North Dakota Century Code - Volume 3A - Chapters: 14-05-22, 14-09-06, 14-09-06.1 and .2)
North Dakota Child Support:
The court will decide and establish a support obligation for those spouses that cannot come to an agreement. The court will apply the support guidelines by suing the net incomes of each parent as well as examining the resources that are available to each parent and any out of the ordinary circumstances that may warrant the inability to pay a certain amount of support. If the court desires, the support amount can be garnished from wages to ensure accurate and timely payments.
Unless dates for the commencement or termination of a child support obligation are specified by the court's order, a judgment or order requiring the payment of child support is effective as to the child in the month in which the order is signed and continues until the end of the month in which the support obligation terminates. (North Dakota Century Code - Volume 3A - Chapters: 14-08-07, 14-09-08, 14-09-08, 14-09-09) |
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How Do I Know if I Should File in North Dakota?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state. If you are in the military and are stationed overseas, you would typically file in your home residency state. Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the North Dakota Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in North Dakota?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
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Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in North Dakota?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in North Dakota?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
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North Dakota Forms: Our question and answer technology will allow you to easily complete your North Dakota divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.
North Dakota Divorce Forms List
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A total of 173 people have started their divorce through 3StepDivorceTM in the last 24 hours and 1431 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
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This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of North Dakota. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorce TM you will complete and print your uncontested North Dakota divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in North Dakota in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in North Dakota, learn more about getting your Separation Agreement or learn more about the basics of divorce in North Dakota . |
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Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the court’s requirements for the next steps you’ll need to take.
Traditionally, most people have hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to a much cheaper option that’s still easier than figuring out everything on their own: filing for divorce online.
If you want to know more, read on for answers to some of the most common questions about online divorce in North Dakota.
North Dakota 3StepDivorce™ takes care of the divorce paperwork for you. Once you sign up for the service, you’ll answer some questions about your situation. Based on your responses to the questionnaire, North Dakota 3StepDivorce™ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information that’s needed. You’ll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
North Dakota has two basic requirements to file for divorce in the state: a residency requirement, and a legally recognized reason for ending your marriage.
In order to get divorced in North Dakota, the spouse who files the divorce papers (the “plaintiff”) must have lived in the state for at least six months just before either:
(N.D. Cent. Code § 14-05-17 (2022).)
North Dakota law allows both “fault” and “no-fault” legal reasons (“grounds”) for divorce. A fault divorce is based on a claim that your marriage is ending because your spouse engaged in a certain kind of misconduct, such as adultery, extreme cruelty, substance abuse, or desertion.
When you file for a no-fault divorce, in contrast, you simply claim that you and your spouse have “irreconcilable differences.” (N.D. Cent. Code § 14-05-17 (2022).)
A fault-based divorce doesn’t qualify as an “uncontested divorce” (more on that below), and it will almost always be more expensive and lengthy than a no-fault divorce—because the spouse accused of misconduct is sure to fight the claims of misconduct. That’s why the vast majority of couples choose no-fault divorce.
Many couples are finding that they can file for divorce and get through the process without the expense of hiring a lawyer if they’re filing for an uncontested divorce in North Dakota. That means that they’ve agreed with each other about all of the legal issues in their divorce, including:
If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, you’ll have to file for a traditional, contested divorce. Because that will involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for you—especially if your spouse has an attorney.
You may use North Dakota 3StepDivorce™ as long as you have an uncontested divorce and meet the state’s residency requirement. You’ll need to have a written marital settlement agreement, signed by both you and your spouse, that covers all of the issues in your divorce. North Dakota 3StepDivorce™ will guide you through the process of creating this agreement, based on your answers to the questionnaire.
North Dakota 3StepDivorce™ can also help if you aren’t ready to file for divorce, but you want a separation agreement with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills while you’re separated but still legally married.
Just because you haven’t been able to agree with your spouse about everything in your divorce, that doesn’t necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could try divorce mediation. If you’re able to resolve your disagreements with the mediator’s help, you can then use North Dakota 3StepDivorce™ to prepare the written settlement agreement, along with the other divorce paperwork.
Generally, you can use North Dakota 3StepDivorce™ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions. North Dakota 3StepDivorce™ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but you’ll have an option of customizing the schedule to meet your individual needs.
However, you won’t be able to address custody-related issues with North Dakota 3StepDivorce™ if the affected child or children don’t meet the “home state” requirement. Usually, that means the child must have lived in North Dakota with a parent (or a parent figure) during the entire six-month period before you file for divorce (or since birth if the child is younger than six months old). If you don’t meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule. (N.D. Cent. Code §§ 14-14.1-01, 14-14.1-12 (2022).)
In North Dakota, both parents have an obligation to support their children. And like all states, North Dakota has child support guidelines for calculating how much support the parents should pay, based largely on their incomes and custody arrangements.
3StepDivorce™ provides the North Dakota Child Support Guideline Worksheets, so you can easily calculate the state's guideline level of support. Any time the amount of child support deviates from the guideline, the judge must find that applying the guideline would be “unjust or inappropriate” under the criteria outlined in North Dakota’s child support regulations. (42 U.S.C. § 667(b)(2); N.D. Regs.§ 75-02-04.1-09 (2022).)
You and your spouse may agree to an amount of child support that differs from the guideline amount, but the judge will need to review and approve your agreement. In your settlement agreement, you may include child support provisions that aren’t legally required, such as a parent’s contributions to private school tuition or the cost of a child’s college education. You may also agree on some specific questions like which parent will claim the children as dependents on tax returns.
After your divorce in North Dakota is final, you (or your spouse) may request a change in the amount of child support by filing a motion or petition for amendment. The judge will review your request based on the same legal requirements for an original child support order. (N.D. Cent. Code § 14-09-08.4(4) (2022).)
If you’re receiving services (such as payment processing or enforcement) from the Child Support Division of the North Dakota Department of Human Services, you may be able to request a review of your existing child support order. If the review shows that a change in the amount of support is warranted under the guidelines, it will help with the court process to review an amendment of the existing order.
If you want to save the time and expense of a court battle over a request to amend a child support order, you and your spouse may agree to a change on your own. As a general rule, you’ll need to submit your agreement to a judge or the child support agency, so that it can be made part of a formal court order.
When you fill out your questionnaire for North Dakota 3StepDivorce™, you’ll answer a series of questions about your separate and marital property and debts, including how you’ll divide your marital property and allocate responsibility for payment of the marital debts.
If you own a home with your spouse, your agreement can spell out what will happen to it when you get divorced. Here again, the questionnaire will include a few questions about the property and how you’ve chosen to deal with it, such as:
In your North Dakota 3StepDivorce™, you may also agree on whether and how you’ll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.
If you started contributing to the retirement plan before you were married, you’ll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You’ll almost always need this kind of expert help when you’re dealing with a defined-benefit pension.
Once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here’s how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don’t have to hire another expert to prepare the kind of special order that’s needed to tell the 401(k) administrator how to divide the account.
The rules are different for IRAs. You may simply agree to have your spouse’s share transferred to another IRA account in that spouse’s name. (You’ll have to submit a special form to the bank, along with a copy of your divorce decree.)
You and your spouse may waive any right to alimony in your North Dakota divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
When you get your completed forms with North Dakota 3StepDivorce™, your next step will be to take them to be filed at the court clerk’s office in the county where your spouse lives. If your spouse doesn’t live in North Dakota, you may file your divorce papers in the county where you live. (N.D. Cent. Code § 28-04-05 (2022).)
For divorce, the North Dakota district courts charge a filing fee of $80 (as of 2022, though always subject to change).
If you can’t afford the filing fee, you may apply for a waiver by submitting a petition for waiver of fees, along with a financial affidavit supporting your request and a proposed order for the judge to sign. When you’re asking for a fee waiver in North Dakota, you must submit your request and wait for an answer from the court before you file your divorce papers.
North Dakota doesn’t have a mandatory waiting period before you can get your final divorce, as long as you’ve met the six-month residency requirement (discussed above) by that time. After you’ve filed all of the required paperwork for an uncontested divorce (including a proposed divorce judgment and your spouse’s “admission of service”), you can typically finalize your divorce as soon as a judge is available to review your paperwork and sign the judgment. That could take from one to three months, depending on how busy your local court is and whether you’ll need to appear for a hearing (which isn’t typically required for uncontested divorces).
North Dakota 3StepDivorce™ provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our North Dakota Divorce Online Help Center at (888) 665-6782 (toll free), Monday through Friday from 8 am to 5 pm (Pacific Time).
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about North Dakota law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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| A sister company of Divorce Source with over 750,000 forms processed since 1997. | Have your completed documents within 1 hour (with or without children) | Instantly print your documents (free delivery by US Priority Mail is also available). | Instantly make changes (gives you full control, the way it should be!) | All required divorce documents ready for signing. |
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