North Dakota Online Divorce | Filing for Online Divorce (ND)

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Benefits of an online divorce

Why Choose Divorce.com?

Divorce.com is a reliable and affordable service preparing state-specific legal papers for couples with uncontested divorces. With assistance from our online platform, spouses can significantly decrease their expenses and get all required forms without leaving home.

Divorce.com is a middle ground between a DIY divorce and the need to hire an expensive lawyer to draft the paperwork. This way, couples obtain high-quality forms and save time and money.

Drafting divorce documents using Divorce.com consists of the following steps:

Answer several easy questions to see if you can apply for the service.
Complete a more extensive questionnaire and provide information about the divorce terms.
Wait two business days to download the forms, prepared in a PDF format.
Print, sign, and file the papers with the proper local court.

Divorce.com is a perfect way to save time and money and get affordable legal papers!

North Dakota Divorce Forms

To ask North Dakota courts for a divorce, spouses must complete and file a packet of forms, which vary depending on the circumstances. For example, couples with minor children must use forms titled with the letters “DWC,” while couples without children must select the papers with “DNC” in the title.

Below is a list of basic forms for spouses with minor children and uncontested divorce.

Summons (Stip DWC Form 1)
Complaint (Stip DWC Form 2)
Settlement Agreement (Stip DWC Form 3)
Confidential Division of Property & Debt & Values (Stip DWC Form 4)
Confidential Information Form (Stip DWC Form 5)
Admission of Service (Stip DWC Form 6)
Affidavit of Proof for Stipulated Judgment (Stip DWC Form 7)
Findings of Fact, Conclusions of Law and Order for Judgment (Proposed) (Stip DWC Form 8)
Judgment (Proposed) (Stip DWC Form 9)
Notice of Entry of Judgment (Stip DWC Form 10)

Papers to ask for a fee waiver are the following:

Petition for Waiver of Fees (Form 1)
Financial Affidavit in Support of Petition for Waiver of Fees (Form 2)
Order Waiving Filing Fees (Form 3)

Spouses can find the blank forms in the self-help section of the North Dakota Courts website. More specific documents can be obtained directly from courts or online paperwork preparation resources.

Divorce forms preparation

How to Fill Out Divorce Forms in North Dakota

After obtaining the necessary blank forms, spouses must fill them out with the required information and only then take the packet of papers with them to the clerk’s office.

However, filling out the documents is often complicated and time-consuming. So, below is a list of tips to avoid mistakes while answering the questions.

Read the questions and instructions in the forms.
Look up unknown terminology in legal dictionaries and North Dakota Century Code.
Collect the important information and documents to answer the questions, for example, marriage license, the date of separation, each party’s addresses, financial disclosures, etc.
In case of uncontested divorce, ensure that your husband or wife agrees to the divorce terms you will add to the documentation.
Fill out the blanks using the personal data and other required information.
Check the answers for errors and file the paperwork with the district clerk’s office.

Some forms need notarization. The clerk won’t accept the case for processing if the papers aren’t correctly signed or filled out. Moreover, document mistakes are the main reason for delays in divorce filings.

Luckily, spouses with amicable divorces have a fast and inexpensive alternative to collecting the papers independently. If they choose Divorce.com, they will get all the court-required documents in just a few days.

All they need is to complete an online questionnaire and provide detailed information about their circumstances and desired divorce terms. After that, they’ll promptly receive the papers and step-by-step filing instructions.

Filing for
Divorce in
North Dakota

Steps to Consider

Residency Requirements

North Dakota courts can grant a divorce if they establish jurisdiction over the spouses and their case, for example, their property, minor children, etc. This is why couples must meet the residency requirements.

Essentially, a plaintiff (petitioner) must have lived in North Dakota for six months or longer before going through with a divorce. The other spouse doesn’t need to be a North Dakota resident if a plaintiff meets the residency requirements.

Grounds for Divorce

North Dakota state laws allow the spouses to get a divorce using no-fault and fault-based grounds:

Irreconcilable differences (the spouses have substantial reasons not to continue the marriage)
Adultery (voluntary sexual intercourse with someone other than the party’s husband or wife)
Extreme cruelty (physical injury or mental abuse)
Willful desertion
Willful neglect (the failure to provide for the other party)
Abuse of alcohol or drugs
Conviction of felony

Initial Filing

Self-represented litigants must collect and file a packet of forms with the family court in the county where they live. Some mandatory papers include a Complaint, Summons, and a Confidential Information Form.

Other forms depend on the circumstances. For instance, if a divorce is uncontested, the couples must file a Settlement Agreement.

The plaintiff must file the original and two copies of these forms with the district clerk, who will put a date and the case number on them.

Filing Fees

North Dakota court rules require that spouses pay $80 of a filing fee to start a divorce. Additional costs may include the service of process by the sheriff’s department of divorce papers to the defendant.

If a plaintiff cannot afford the court fees, they can request a fee waiver. To do this, the spouses must complete and file a Petition for Waiver of Fees, a Financial Affidavit, and an Order Waiving Filing Fees. The Financial Affidavit should contain proof of the filing person’s financial hardship.

Serving the Respondent

After a plaintiff files all the forms with the court clerk’s office, they must send copies of the Complaint, Summons, and Exhibit A: Confidential Division of Property & Debt & Values to the defendant.

The methods to serve the papers on the defendant are one of the following:

personal service
using certified mail
by the publication of the Summons in a newspaper

If a divorce is uncontested, the non-filing spouse may complete the Admission of Service form, which the plaintiff must file with the court.

Waiting Period

Unlike many other states, North Dakota does not have a waiting period for divorce. It means the spouses can finalize their divorce once all issues are settled or decided by a judge.

However, it does not mean a person can get divorced the day they file the court papers. They still need to notify the other party by serving copies of some forms and waiting for them to file response papers (21 days at the most).

Finalizing a Divorce Case

The final step in every marriage dissolution is when a judge reviews the papers and evidence, hears from witnesses, etc., and enters the final judgment. If the spouses agree on all terms, the judge will look into their proposed Judgment form and the Settlement Agreement.

Then, if everything is in order, the judge will issue a divorce decree. After that, the plaintiff must fill out the Notice of Entry of Judgment, file it, and send a copy to the defendant.

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Uncontested Divorce in North Dakota

Couples who want a quick and uncomplicated divorce often opt for an uncontested divorce. The primary condition to get it is to resolve all disputes regarding financial issues and minor children before going to the courthouse.

If spouses have a few issues they want to settle before proceeding with an uncontested divorce, they can use a divorce mediator’s services. A few mediation sessions can help them agree on all terms and develop a settlement agreement.

The main issues the parties must negotiate are the following:

property division, including real estate, money on bank accounts, social benefits, debts, etc.
spousal support (alimony)
child custody and visitation

Getting the correct divorce forms may be complicated and overwhelming. Fortunately, spouses can use Divorce.com and save time and money on divorce preparations. Our service will draft all the documents for an uncontested divorce, fast and at a low cost.

Getting a Divorce with Children in North Dakota

Child custody

North Dakota family law refers to child custody as a parental responsibility. Legal custody and physical custody are also called “decision-making responsibility” and “residential responsibility” accordingly.

These are the types of child custody to choose from:

Primary residential responsibility: the child lives more than 50% of the time with one parent.
Shared residential responsibility: the child lives with each parent according to an agreed schedule.
Sole decision-making: only one parent decides on the child’s education, health care, spiritual development, etc.
Shared decision-making: both parents decide what’s best for their child.

Parents of minor children can develop a mutual parenting plan and file it with other papers for court approval. If the spouses can’t agree on splitting the parental rights and obligations, North Dakota judges will decide these issues instead. Court orders cannot be modified earlier than two years after the initial decision, with a few exceptions.

Child Support

Patents with minor children have a legal responsibility to support them financially after divorce. The amount of this support is calculated according to a “percentage of income” model, unlike many other states that use the “Income Shares Model.”

North Dakota courts usually use child support guidelines to determine each parent’s obligations. Typically, the residential parent spends a portion of their income directly on the child, while the non-residential parent sends a set percentage of their income to the child.

The parents filing for divorce should use a child support worksheet and complete it according to the instructions. The document has questions about annual income from different sources and deductions, e.g., taxes and health insurance. There is also a step-by-step formula to calculate the amount of support.

The paying parent can stop covering child support when the child turns 18. However, if they continue attending high school after their 18th birthday, the support extends to their 19th birthday or graduation month, whichever comes first.

Divorce Without
a Lawyer
in North Dakota

Getting a divorce without a lawyer is one of the ways to save money and avoid contentious litigation. A lawyer-free process is especially beneficial if both parties agree to divorce terms (property, children, etc.) in advance.

However, an uncontested divorce is the only type that is safe to handle without an attorney. Others require legal representation if the spouses don’t want to lose something valuable due to complicated court trials.

Lower divorce expenses and fewer conflicts are undoubtful advantages of proceeding with a divorce without a lawyer. In addition, the couples can control the outcome of their lawsuit and minimize court involvement since they decide all issues before presenting their case to a judge.

Starting a divorce without a lawyer requires spending some time on drafting legal paperwork. One way to simplify this task is to get divorce forms from Divorce.com, a reliable and easy-to-use paperwork service.

Divorce.com will generate and fill out all court-required forms in two business days. The process is very straightforward and doesn’t require any specific knowledge. In addition, it will be much more affordable and less stressful to use customized papers than paying a lawyer or preparing them independently.

Frequently Asked Questions

How long will it take to get divorced in North Dakota?

Uncontested divorces in North Dakota take from 30 to 60 days. Contested cases are usually longer and can take around 6-12 months, on average.

Can I get a free divorce in North Dakota?

Filing for divorce in North Dakota costs $80. However, if a person cannot afford this payment, they must file a Petition for Waiver of Fees, Financial Affidavit, and Order Waiving Filing Fees.

How do I file for divorce in North Dakota?

A plaintiff must file a packet of court-required forms with the district clerk’s office with the proper family court. A few primary documents are the Complaint and Settlement Agreement.

How much does a divorce cost in North Dakota?

Contested divorces usually cost $15,000 to $20,000, depending on the number of conflicts. Uncontested cases start from $80 as a filing fee. If your divorce is amicable, use Divorce.com to prepare all the necessary papers and get an affordable divorce.