North Dakota Divorce Forms & Papers

Divorce Papers > North Dakota Divorce Forms & Papers

Divorce laws vary from state to state. Every state has its own set of rules pertaining divorce and for that matter also for property distribution, child support, alimony and child custody. Divorce in North Dakota depends on situations and it is advisable that you receive professional guidance when filing for a divorce. Lawyers or attorneys would not only explain you divorce laws but also how it might affect your divorce. They may further help you to handle the process of a divorce. North Dakota divorce forms and papers are also available on line. One should however be learned and aware of divorce laws before doing a Do It Yourself divorce.

Residential requirements for the state of North Dakota:

The spouse filing for divorce must be a resident of North Dakota for at least six months prior to the entry of the final divorce. The divorce must be filed in the county where the defendant resides if the defendant is a resident of North Dakota. If the defendant is not a resident, the divorce may be filed for in any county that the plaintiff designates in the complaint. [North Dakota Century Code; Volume 3A, Chapters 14-0517 and 28-04-05].Separation agreements are specifically authorized by statute. [North Dakota Century Code; Volume 3A, Chapter 1407-07).

Grounds for divorce in the state of North Dakota:

The only no-fault ground for divorce in North Dakota is: Irreconcilable differences. [North Dakota Century Code; Volume 3A, Chapter 14-05-03).

Whereas a fault based divorce can be filed on the grounds of: 1) adultery 2) felony conviction 3) desertion at will 4) inhuman and cruel treatment 5) neglect by will 6) confinement for a period of 5 years for incurable sanity 7) habitual intemperance

No matter what the reason for a divorce is, a person doing a Do It Yourself divorce can get divorce either on agreed basis or by default.

An agreed divorce as the name suggests is agreed upon by both the parties. The divorce document is signed by both the parties giving their consent to the divorce. They usually agreed upon terms such as property distribution, child support, alimony and child custody. This type of divorce is done by most partners in North Dakota because it is in agreement with both the parties and therefore more transparent.

A default divorce on the other hand is not agreed or signed by both the parties. The divorce is filed and taken forward by only one of the parties whereas the other spouse just defaults on the case. In this type of divorce the person filing for divorce usually gets everything that is been asked for in the divorce papers.

Procedure to file a divorce in North Dakota

The three basic steps to a divorce in North Dakota include:

Filing for divorce: You need to make sure that you file for divorce in North Dakota only after meeting the residential requirements of the state. For more information contact a good lawyer.
Notifying the spouse: Notify the spouse about your filing a divorce. The spouse would also be summoned by the court. However if the spouse is unable to trace, a lawyer's advice is essential.
Attending the court hearings: Both parties would be asked to attend the hearing of the court, to pronounce the divorce.

USE THESE WORDS IN THE COURT DOCUMENTS FOR NORTH DAKOTA

Use these exact words, all in capital letters: STATE OF NORTH DAKOTA, COUNTY OF, IN THE DISTRICT COURT, - JUDICIAL DISTRICT
Use these exact words, all in capital letters: COMPLAINT FOR DIVORCE
Use the word "Plaintiff". Be sure the "P" is capitalized.
Use the word "Defendant". Be sure the "D" is capitalized.
Use these exact words, all in capital letters: DECREE OF DIVORCE
Use the word "County" here.

For detailed divorce laws in North Dakota state, please see North Dakota Divorce Laws page.

One can get a divorce in the state of North Dakota, even if one of the spouses is missing or is unable to trace. You should be ready to incur extra expenses in this case for running a newspaper ad or something similar to it. In most cases there is also a name change involved in a divorce. The wife might take her maiden name back if she wishes.

Free North Dakota Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".

North Dakota Divorce Instructions

North Dakota Divorce Forms that both parties must sign

Forms & Documents

North Dakota Divorce Court Forms