SIMPLIFYING YOUR DIVORCE
North Dakota Divorce Papers
Few moments in life feel as overwhelming as the start of a divorce, and the paperwork can be one of the most intimidating parts. If you are facing a divorce in North Dakota, knowing which forms exist, what each one does, and where to find them can take a lot of the uncertainty out of the process. This guide walks you through the North Dakota divorce papers in plain language so you can feel more informed and in control.
North Dakota is one of the states that publishes statewide self-help divorce packets through its Legal Self Help Center, so the core forms are the same no matter which county you live in. Below, we break down the forms by what they do, explain how the divorce process generally works, and point you to the official sources for downloading them.
This page is for general information only. It describes what the forms are and how the process is structured in North Dakota — it does not tell you what to file or what choices are right for you. Every situation is different, so for advice on your specific situation, consult an attorney.
Which North Dakota Divorce Forms Will You Need?
The forms you encounter depend on how your case is set up. North Dakota's Legal Self Help Center publishes three procedural paths: a Stipulated Divorce No Children packet (the DNC packet, Forms 1-10) used when both spouses file together with a full written agreement and have no minor children; a Stipulated Divorce With Children packet (the DWC packet, Forms 1-11) which is the same idea but adds a parenting plan and child support worksheet; and a Plaintiff-Initiated or Contested path where one spouse files alone and the other responds. Because the DNC and DWC packets run in parallel, many forms have two numbers — one for each packet. The form numbers below are taken directly from these packets, but note that North Dakota revises its forms periodically, so it is always worth verifying the current numbering against the packet PDFs.
Starting the Case
Summons – Divorce or Separation Action (Stip DNC Form 1 / Stip DWC Form 1)
This form notifies the defendant spouse that a divorce action has been filed and is used to start any divorce case.
Complaint for Divorce (Stip DNC Form 2 / Stip DWC Form 2)
This form states basic facts about the parties and the marriage and sets out what the plaintiff is asking the court to order.
Responding to the Case
Admission of Service (Stip DNC Form 5 / Stip DWC Form 7)
The defendant signs this form to acknowledge receipt of the Summons and Complaint, waiving formal process service.
Answer and Counterclaim (Form OP3b — No Children / with Children variant)
This is the defendant's written response to the Complaint in a contested or solo-plaintiff divorce. It is filed within 21 days of service.
Financial & Disclosure Forms
Confidential Information Form (Stip DNC Form 9 / Stip DWC Form 6)
This form captures confidential identifying data — such as Social Security numbers, dates of birth, and addresses — that cannot appear in public court filings.
Exhibit A: Confidential Division of Property and Debt and Values (Stip DNC Form 4 / Stip DWC Form 4)
This is an itemized listing of all marital property and debts with agreed values and allocations. It is a confidential attachment to the Settlement Agreement.
Forms for Divorces With Children
These forms come into play in cases involving minor children, and several are part of the DWC packet only.
Exhibit B: Parenting Plan (Stip DWC Form 5)
This form details decision-making (legal custody), primary residential responsibility, the parenting time schedule, and holiday and vacation allocation for minor children. It is part of the DWC packet only.
Child Support Guidelines & Worksheet (with instructions)
This worksheet calculates the child support obligation under North Dakota's income-shares guidelines and is used in cases involving minor children. Note that it is a separate document rather than a numbered form within the DNC/DWC packets, and the guidelines are administered by the North Dakota Department of Health and Human Services.
Settlement or Separation Agreement
Settlement Agreement (Stip DNC Form 3 / Stip DWC Form 3)
This is the full written agreement covering property division, debt allocation, spousal support, and — in the DWC version — child-related terms. It is signed by both parties before a notary.
Finalizing Your Case
Affidavit of Proof for Stipulated Judgment (Stip DNC Form 6 / Stip DWC Form 8)
This is the plaintiff's sworn statement establishing the grounds for divorce and confirming the terms of the agreement for the court record.
Findings of Fact, Conclusions of Law and Order for Judgment – Proposed (Stip DNC Form 7 / Stip DWC Form 9)
This draft order sets out the court's factual findings and legal conclusions and is submitted to the judge for signature.
Judgment – Proposed (Stip DNC Form 8 / Stip DWC Form 10)
This is the proposed final divorce decree. Once signed by the judge, it becomes the operative court order ending the marriage.
Notice of Entry of Judgment (Stip DNC Form 10 / Stip DWC Form 11)
The plaintiff serves this on the defendant within 14 days after the court enters the divorce judgment to notify them that the decree has been filed.
Where to Get North Dakota Divorce Forms
There are several places to find North Dakota divorce papers, depending on how much guidance you want along the way.
Official State Courts Site
North Dakota's Legal Self Help Center publishes the statewide DNC and DWC packets and related forms. You can download them directly from the official North Dakota Courts site at ndcourts.gov. One important caveat the Center states on its own site: these are self-help resources and are not official court forms, and courts are not required to accept them — local judges have discretion.
County Clerk or Clerk of Court
Your local clerk of court is where divorce cases are filed. Because North Dakota's packets are statewide rather than county-specific, the same forms generally apply across counties, but the clerk's office is the place to confirm local filing practices.
Legal Aid & Self-Help Resources
The Legal Self Help Center itself functions as a self-help resource, with instructions accompanying the packets. For contested divorces, North Dakota also publishes a separate Contested Divorce Informational Guide, though the contested path does not have a fully packaged numbered-form set the way the stipulated packets do — parties typically use individual forms.
Online Divorce Services (Divorce.com)
If you would rather not assemble the packet yourself, Divorce.com offers a guided online process that helps you complete divorce paperwork based on your answers. It is designed to make the document step simpler and less stressful.
Hire an Attorney
If your situation is complex or contested, working with a North Dakota family law attorney can help you understand your options. For advice on your specific situation, consult an attorney.
The North Dakota Divorce Process
Every case is different, but North Dakota divorces generally move through these stages.
1. Meeting the Residency Requirement
To grant a divorce, North Dakota requires that a spouse has been a bona fide resident of the state for six months immediately before the court can enter the decree (NDCC § 14-05-17). A case may be filed before the six months is up, but the decree cannot be entered until that requirement is met. There is no county-specific residency requirement beyond the state rule.
2. Filing the Case
A divorce starts when the Summons and Complaint for Divorce are filed with the court. Couples filing together with a full agreement typically use the DNC or DWC stipulated packet, while a spouse filing alone uses the plaintiff-initiated path.
3. Serving the Other Spouse
The defendant spouse must be notified of the case. In stipulated cases, the defendant often signs an Admission of Service to acknowledge receipt and waive formal service. In a contested or solo-plaintiff case, the defendant may respond with an Answer and Counterclaim within 21 days of service.
4. Disclosures and Agreement
Property, debts, and confidential information are documented through forms such as the Confidential Information Form and the Exhibit A property and debt listing. When both spouses agree, the terms are captured in a notarized Settlement Agreement. In cases with minor children, a Parenting Plan and the Child Support Guidelines & Worksheet are also completed.
5. Waiting Period
North Dakota does not impose a mandatory cooling-off or waiting period after filing. How quickly a case finalizes depends on completing the procedural steps and satisfying the six-month residency requirement.
6. Decree and Certified Copies
To finalize, the plaintiff typically submits an Affidavit of Proof along with the proposed Findings of Fact and proposed Judgment for the judge to sign. Once the judge signs the Judgment, it becomes the final divorce decree. The plaintiff then serves a Notice of Entry of Judgment on the defendant within 14 days. Certified copies of the decree can usually be obtained from the clerk of court.
North Dakota-Specific Requirements You Should Know
Residency. A spouse must be a bona fide North Dakota resident for six months immediately before the court can grant the divorce (NDCC § 14-05-17). Filing can happen earlier, but the decree waits until the requirement is satisfied.
Property division. North Dakota is an equitable distribution state, not a community property state. This means marital property and debt are divided equitably — that is, fairly — which is not always the same as equally.
Grounds. North Dakota recognizes a no-fault ground of irreconcilable differences (NDCC § 14-05-09.1), meaning substantial reasons making it appear the marriage should not continue, with no proof of fault required. Fault grounds also exist but are rarely used and require proof: adultery (§ 14-05-03(1)), extreme cruelty (§ 14-05-03(2)), willful desertion for one year (§§ 14-05-03(3), 14-05-09), willful neglect for one year (§§ 14-05-03(4), 14-05-09), abuse of alcohol or controlled substances for one year (§§ 14-05-03(5), 14-05-09), and conviction of a felony (§ 14-05-03(6)).
Waiting period. There is no mandatory waiting period in North Dakota.
Parent education class. In a divorce involving minor children, all parents must complete an approved four-hour parenting course — most commonly "Parents Forever" through the University of Minnesota Extension.
Family mediation referral. Under North Dakota Rules of Court Rule 8.1, the clerk must refer custody cases to the Family Mediation Program within 10 days of filing. The program provides up to six hours of combined pre-mediation orientation and mediation at no cost. Exceptions include cases involving termination of parental rights, cases where the parties have already begun mediating before filing, and cases where parental rights and responsibilities are already stipulated by the parties. Cases involving a domestic violence protection order are not automatically excluded — referral may still occur if the victim requests it and specific safety conditions are met.
No covenant marriage. North Dakota does not have a covenant marriage law.
Common Mistakes to Avoid
Assuming the Self-Help Forms Are Guaranteed to Be Accepted
The Legal Self Help Center states plainly that its packets are not official court forms and that courts are not required to accept them. Local judges have discretion, so it helps to confirm local expectations.
Using the Wrong Packet
The DNC packet is for stipulated divorces with no minor children, while the DWC packet adds the Parenting Plan and child support worksheet for cases involving children. Mixing up the two — or using a stipulated packet for a contested case — can create confusion.
Overlooking Form Numbering Differences
The DNC and DWC forms run in parallel but are numbered differently. For example, the Admission of Service is Form 5 in the DNC packet but Form 7 in the DWC packet. Because forms are revised periodically, verifying the current numbering against the packet PDFs helps avoid mismatches.
Forgetting the Child-Related Requirements
Parents in cases with minor children have to account for the four-hour parenting course, the child support worksheet, and the mediation referral. Missing one of these steps can slow a case down.
Treating the Six-Month Residency as Optional
A case can be filed before six months of residency, but the decree cannot be entered until the requirement is met. Counting on a faster timeline can lead to disappointment.
How Divorce.com Can Help
Pulling together the right forms, filling them out correctly, and keeping track of the steps can feel like a lot, especially during an already stressful time. Divorce.com is built to make the paperwork part of the process simpler and clearer, so you can focus on moving forward.
A guided, question-based process that helps you complete your divorce documents
Plain-language explanations so you understand what each step is for
Organized handling of the paperwork so you are less likely to miss a form
A more affordable alternative to handling everything entirely on your own or paying full attorney rates for an uncontested case
Support designed to reduce the stress of an already difficult time
Which North Dakota Divorce Forms Will You Need?
The forms you encounter depend on how your case is set up. North Dakota's Legal Self Help Center publishes three procedural paths: a Stipulated Divorce No Children packet (the DNC packet, Forms 1-10) used when both spouses file together with a full written agreement and have no minor children; a Stipulated Divorce With Children packet (the DWC packet, Forms 1-11) which is the same idea but adds a parenting plan and child support worksheet; and a Plaintiff-Initiated or Contested path where one spouse files alone and the other responds. Because the DNC and DWC packets run in parallel, many forms have two numbers — one for each packet. The form numbers below are taken directly from these packets, but note that North Dakota revises its forms periodically, so it is always worth verifying the current numbering against the packet PDFs.
Starting the Case
Summons – Divorce or Separation Action (Stip DNC Form 1 / Stip DWC Form 1)
This form notifies the defendant spouse that a divorce action has been filed and is used to start any divorce case.
Complaint for Divorce (Stip DNC Form 2 / Stip DWC Form 2)
This form states basic facts about the parties and the marriage and sets out what the plaintiff is asking the court to order.
Responding to the Case
Admission of Service (Stip DNC Form 5 / Stip DWC Form 7)
The defendant signs this form to acknowledge receipt of the Summons and Complaint, waiving formal process service.
Answer and Counterclaim (Form OP3b — No Children / with Children variant)
This is the defendant's written response to the Complaint in a contested or solo-plaintiff divorce. It is filed within 21 days of service.
Financial & Disclosure Forms
Confidential Information Form (Stip DNC Form 9 / Stip DWC Form 6)
This form captures confidential identifying data — such as Social Security numbers, dates of birth, and addresses — that cannot appear in public court filings.
Exhibit A: Confidential Division of Property and Debt and Values (Stip DNC Form 4 / Stip DWC Form 4)
This is an itemized listing of all marital property and debts with agreed values and allocations. It is a confidential attachment to the Settlement Agreement.
Forms for Divorces With Children
These forms come into play in cases involving minor children, and several are part of the DWC packet only.
Exhibit B: Parenting Plan (Stip DWC Form 5)
This form details decision-making (legal custody), primary residential responsibility, the parenting time schedule, and holiday and vacation allocation for minor children. It is part of the DWC packet only.
Child Support Guidelines & Worksheet (with instructions)
This worksheet calculates the child support obligation under North Dakota's income-shares guidelines and is used in cases involving minor children. Note that it is a separate document rather than a numbered form within the DNC/DWC packets, and the guidelines are administered by the North Dakota Department of Health and Human Services.
Settlement or Separation Agreement
Settlement Agreement (Stip DNC Form 3 / Stip DWC Form 3)
This is the full written agreement covering property division, debt allocation, spousal support, and — in the DWC version — child-related terms. It is signed by both parties before a notary.
Finalizing Your Case
Affidavit of Proof for Stipulated Judgment (Stip DNC Form 6 / Stip DWC Form 8)
This is the plaintiff's sworn statement establishing the grounds for divorce and confirming the terms of the agreement for the court record.
Findings of Fact, Conclusions of Law and Order for Judgment – Proposed (Stip DNC Form 7 / Stip DWC Form 9)
This draft order sets out the court's factual findings and legal conclusions and is submitted to the judge for signature.
Judgment – Proposed (Stip DNC Form 8 / Stip DWC Form 10)
This is the proposed final divorce decree. Once signed by the judge, it becomes the operative court order ending the marriage.
Notice of Entry of Judgment (Stip DNC Form 10 / Stip DWC Form 11)
The plaintiff serves this on the defendant within 14 days after the court enters the divorce judgment to notify them that the decree has been filed.
Where to Get North Dakota Divorce Forms
There are several places to find North Dakota divorce papers, depending on how much guidance you want along the way.
Official State Courts Site
North Dakota's Legal Self Help Center publishes the statewide DNC and DWC packets and related forms. You can download them directly from the official North Dakota Courts site at ndcourts.gov. One important caveat the Center states on its own site: these are self-help resources and are not official court forms, and courts are not required to accept them — local judges have discretion.
County Clerk or Clerk of Court
Your local clerk of court is where divorce cases are filed. Because North Dakota's packets are statewide rather than county-specific, the same forms generally apply across counties, but the clerk's office is the place to confirm local filing practices.
Legal Aid & Self-Help Resources
The Legal Self Help Center itself functions as a self-help resource, with instructions accompanying the packets. For contested divorces, North Dakota also publishes a separate Contested Divorce Informational Guide, though the contested path does not have a fully packaged numbered-form set the way the stipulated packets do — parties typically use individual forms.
Online Divorce Services (Divorce.com)
If you would rather not assemble the packet yourself, Divorce.com offers a guided online process that helps you complete divorce paperwork based on your answers. It is designed to make the document step simpler and less stressful.
Hire an Attorney
If your situation is complex or contested, working with a North Dakota family law attorney can help you understand your options. For advice on your specific situation, consult an attorney.
The North Dakota Divorce Process
Every case is different, but North Dakota divorces generally move through these stages.
1. Meeting the Residency Requirement
To grant a divorce, North Dakota requires that a spouse has been a bona fide resident of the state for six months immediately before the court can enter the decree (NDCC § 14-05-17). A case may be filed before the six months is up, but the decree cannot be entered until that requirement is met. There is no county-specific residency requirement beyond the state rule.
2. Filing the Case
A divorce starts when the Summons and Complaint for Divorce are filed with the court. Couples filing together with a full agreement typically use the DNC or DWC stipulated packet, while a spouse filing alone uses the plaintiff-initiated path.
3. Serving the Other Spouse
The defendant spouse must be notified of the case. In stipulated cases, the defendant often signs an Admission of Service to acknowledge receipt and waive formal service. In a contested or solo-plaintiff case, the defendant may respond with an Answer and Counterclaim within 21 days of service.
4. Disclosures and Agreement
Property, debts, and confidential information are documented through forms such as the Confidential Information Form and the Exhibit A property and debt listing. When both spouses agree, the terms are captured in a notarized Settlement Agreement. In cases with minor children, a Parenting Plan and the Child Support Guidelines & Worksheet are also completed.
5. Waiting Period
North Dakota does not impose a mandatory cooling-off or waiting period after filing. How quickly a case finalizes depends on completing the procedural steps and satisfying the six-month residency requirement.
6. Decree and Certified Copies
To finalize, the plaintiff typically submits an Affidavit of Proof along with the proposed Findings of Fact and proposed Judgment for the judge to sign. Once the judge signs the Judgment, it becomes the final divorce decree. The plaintiff then serves a Notice of Entry of Judgment on the defendant within 14 days. Certified copies of the decree can usually be obtained from the clerk of court.
North Dakota-Specific Requirements You Should Know
Residency. A spouse must be a bona fide North Dakota resident for six months immediately before the court can grant the divorce (NDCC § 14-05-17). Filing can happen earlier, but the decree waits until the requirement is satisfied.
Property division. North Dakota is an equitable distribution state, not a community property state. This means marital property and debt are divided equitably — that is, fairly — which is not always the same as equally.
Grounds. North Dakota recognizes a no-fault ground of irreconcilable differences (NDCC § 14-05-09.1), meaning substantial reasons making it appear the marriage should not continue, with no proof of fault required. Fault grounds also exist but are rarely used and require proof: adultery (§ 14-05-03(1)), extreme cruelty (§ 14-05-03(2)), willful desertion for one year (§§ 14-05-03(3), 14-05-09), willful neglect for one year (§§ 14-05-03(4), 14-05-09), abuse of alcohol or controlled substances for one year (§§ 14-05-03(5), 14-05-09), and conviction of a felony (§ 14-05-03(6)).
Waiting period. There is no mandatory waiting period in North Dakota.
Parent education class. In a divorce involving minor children, all parents must complete an approved four-hour parenting course — most commonly "Parents Forever" through the University of Minnesota Extension.
Family mediation referral. Under North Dakota Rules of Court Rule 8.1, the clerk must refer custody cases to the Family Mediation Program within 10 days of filing. The program provides up to six hours of combined pre-mediation orientation and mediation at no cost. Exceptions include cases involving termination of parental rights, cases where the parties have already begun mediating before filing, and cases where parental rights and responsibilities are already stipulated by the parties. Cases involving a domestic violence protection order are not automatically excluded — referral may still occur if the victim requests it and specific safety conditions are met.
No covenant marriage. North Dakota does not have a covenant marriage law.
Common Mistakes to Avoid
Assuming the Self-Help Forms Are Guaranteed to Be Accepted
The Legal Self Help Center states plainly that its packets are not official court forms and that courts are not required to accept them. Local judges have discretion, so it helps to confirm local expectations.
Using the Wrong Packet
The DNC packet is for stipulated divorces with no minor children, while the DWC packet adds the Parenting Plan and child support worksheet for cases involving children. Mixing up the two — or using a stipulated packet for a contested case — can create confusion.
Overlooking Form Numbering Differences
The DNC and DWC forms run in parallel but are numbered differently. For example, the Admission of Service is Form 5 in the DNC packet but Form 7 in the DWC packet. Because forms are revised periodically, verifying the current numbering against the packet PDFs helps avoid mismatches.
Forgetting the Child-Related Requirements
Parents in cases with minor children have to account for the four-hour parenting course, the child support worksheet, and the mediation referral. Missing one of these steps can slow a case down.
Treating the Six-Month Residency as Optional
A case can be filed before six months of residency, but the decree cannot be entered until the requirement is met. Counting on a faster timeline can lead to disappointment.
How Divorce.com Can Help
Pulling together the right forms, filling them out correctly, and keeping track of the steps can feel like a lot, especially during an already stressful time. Divorce.com is built to make the paperwork part of the process simpler and clearer, so you can focus on moving forward.
A guided, question-based process that helps you complete your divorce documents
Plain-language explanations so you understand what each step is for
Organized handling of the paperwork so you are less likely to miss a form
A more affordable alternative to handling everything entirely on your own or paying full attorney rates for an uncontested case
Support designed to reduce the stress of an already difficult time
Which North Dakota Divorce Forms Will You Need?
The forms you encounter depend on how your case is set up. North Dakota's Legal Self Help Center publishes three procedural paths: a Stipulated Divorce No Children packet (the DNC packet, Forms 1-10) used when both spouses file together with a full written agreement and have no minor children; a Stipulated Divorce With Children packet (the DWC packet, Forms 1-11) which is the same idea but adds a parenting plan and child support worksheet; and a Plaintiff-Initiated or Contested path where one spouse files alone and the other responds. Because the DNC and DWC packets run in parallel, many forms have two numbers — one for each packet. The form numbers below are taken directly from these packets, but note that North Dakota revises its forms periodically, so it is always worth verifying the current numbering against the packet PDFs.
Starting the Case
Summons – Divorce or Separation Action (Stip DNC Form 1 / Stip DWC Form 1)
This form notifies the defendant spouse that a divorce action has been filed and is used to start any divorce case.
Complaint for Divorce (Stip DNC Form 2 / Stip DWC Form 2)
This form states basic facts about the parties and the marriage and sets out what the plaintiff is asking the court to order.
Responding to the Case
Admission of Service (Stip DNC Form 5 / Stip DWC Form 7)
The defendant signs this form to acknowledge receipt of the Summons and Complaint, waiving formal process service.
Answer and Counterclaim (Form OP3b — No Children / with Children variant)
This is the defendant's written response to the Complaint in a contested or solo-plaintiff divorce. It is filed within 21 days of service.
Financial & Disclosure Forms
Confidential Information Form (Stip DNC Form 9 / Stip DWC Form 6)
This form captures confidential identifying data — such as Social Security numbers, dates of birth, and addresses — that cannot appear in public court filings.
Exhibit A: Confidential Division of Property and Debt and Values (Stip DNC Form 4 / Stip DWC Form 4)
This is an itemized listing of all marital property and debts with agreed values and allocations. It is a confidential attachment to the Settlement Agreement.
Forms for Divorces With Children
These forms come into play in cases involving minor children, and several are part of the DWC packet only.
Exhibit B: Parenting Plan (Stip DWC Form 5)
This form details decision-making (legal custody), primary residential responsibility, the parenting time schedule, and holiday and vacation allocation for minor children. It is part of the DWC packet only.
Child Support Guidelines & Worksheet (with instructions)
This worksheet calculates the child support obligation under North Dakota's income-shares guidelines and is used in cases involving minor children. Note that it is a separate document rather than a numbered form within the DNC/DWC packets, and the guidelines are administered by the North Dakota Department of Health and Human Services.
Settlement or Separation Agreement
Settlement Agreement (Stip DNC Form 3 / Stip DWC Form 3)
This is the full written agreement covering property division, debt allocation, spousal support, and — in the DWC version — child-related terms. It is signed by both parties before a notary.
Finalizing Your Case
Affidavit of Proof for Stipulated Judgment (Stip DNC Form 6 / Stip DWC Form 8)
This is the plaintiff's sworn statement establishing the grounds for divorce and confirming the terms of the agreement for the court record.
Findings of Fact, Conclusions of Law and Order for Judgment – Proposed (Stip DNC Form 7 / Stip DWC Form 9)
This draft order sets out the court's factual findings and legal conclusions and is submitted to the judge for signature.
Judgment – Proposed (Stip DNC Form 8 / Stip DWC Form 10)
This is the proposed final divorce decree. Once signed by the judge, it becomes the operative court order ending the marriage.
Notice of Entry of Judgment (Stip DNC Form 10 / Stip DWC Form 11)
The plaintiff serves this on the defendant within 14 days after the court enters the divorce judgment to notify them that the decree has been filed.
Where to Get North Dakota Divorce Forms
There are several places to find North Dakota divorce papers, depending on how much guidance you want along the way.
Official State Courts Site
North Dakota's Legal Self Help Center publishes the statewide DNC and DWC packets and related forms. You can download them directly from the official North Dakota Courts site at ndcourts.gov. One important caveat the Center states on its own site: these are self-help resources and are not official court forms, and courts are not required to accept them — local judges have discretion.
County Clerk or Clerk of Court
Your local clerk of court is where divorce cases are filed. Because North Dakota's packets are statewide rather than county-specific, the same forms generally apply across counties, but the clerk's office is the place to confirm local filing practices.
Legal Aid & Self-Help Resources
The Legal Self Help Center itself functions as a self-help resource, with instructions accompanying the packets. For contested divorces, North Dakota also publishes a separate Contested Divorce Informational Guide, though the contested path does not have a fully packaged numbered-form set the way the stipulated packets do — parties typically use individual forms.
Online Divorce Services (Divorce.com)
If you would rather not assemble the packet yourself, Divorce.com offers a guided online process that helps you complete divorce paperwork based on your answers. It is designed to make the document step simpler and less stressful.
Hire an Attorney
If your situation is complex or contested, working with a North Dakota family law attorney can help you understand your options. For advice on your specific situation, consult an attorney.
The North Dakota Divorce Process
Every case is different, but North Dakota divorces generally move through these stages.
1. Meeting the Residency Requirement
To grant a divorce, North Dakota requires that a spouse has been a bona fide resident of the state for six months immediately before the court can enter the decree (NDCC § 14-05-17). A case may be filed before the six months is up, but the decree cannot be entered until that requirement is met. There is no county-specific residency requirement beyond the state rule.
2. Filing the Case
A divorce starts when the Summons and Complaint for Divorce are filed with the court. Couples filing together with a full agreement typically use the DNC or DWC stipulated packet, while a spouse filing alone uses the plaintiff-initiated path.
3. Serving the Other Spouse
The defendant spouse must be notified of the case. In stipulated cases, the defendant often signs an Admission of Service to acknowledge receipt and waive formal service. In a contested or solo-plaintiff case, the defendant may respond with an Answer and Counterclaim within 21 days of service.
4. Disclosures and Agreement
Property, debts, and confidential information are documented through forms such as the Confidential Information Form and the Exhibit A property and debt listing. When both spouses agree, the terms are captured in a notarized Settlement Agreement. In cases with minor children, a Parenting Plan and the Child Support Guidelines & Worksheet are also completed.
5. Waiting Period
North Dakota does not impose a mandatory cooling-off or waiting period after filing. How quickly a case finalizes depends on completing the procedural steps and satisfying the six-month residency requirement.
6. Decree and Certified Copies
To finalize, the plaintiff typically submits an Affidavit of Proof along with the proposed Findings of Fact and proposed Judgment for the judge to sign. Once the judge signs the Judgment, it becomes the final divorce decree. The plaintiff then serves a Notice of Entry of Judgment on the defendant within 14 days. Certified copies of the decree can usually be obtained from the clerk of court.
North Dakota-Specific Requirements You Should Know
Residency. A spouse must be a bona fide North Dakota resident for six months immediately before the court can grant the divorce (NDCC § 14-05-17). Filing can happen earlier, but the decree waits until the requirement is satisfied.
Property division. North Dakota is an equitable distribution state, not a community property state. This means marital property and debt are divided equitably — that is, fairly — which is not always the same as equally.
Grounds. North Dakota recognizes a no-fault ground of irreconcilable differences (NDCC § 14-05-09.1), meaning substantial reasons making it appear the marriage should not continue, with no proof of fault required. Fault grounds also exist but are rarely used and require proof: adultery (§ 14-05-03(1)), extreme cruelty (§ 14-05-03(2)), willful desertion for one year (§§ 14-05-03(3), 14-05-09), willful neglect for one year (§§ 14-05-03(4), 14-05-09), abuse of alcohol or controlled substances for one year (§§ 14-05-03(5), 14-05-09), and conviction of a felony (§ 14-05-03(6)).
Waiting period. There is no mandatory waiting period in North Dakota.
Parent education class. In a divorce involving minor children, all parents must complete an approved four-hour parenting course — most commonly "Parents Forever" through the University of Minnesota Extension.
Family mediation referral. Under North Dakota Rules of Court Rule 8.1, the clerk must refer custody cases to the Family Mediation Program within 10 days of filing. The program provides up to six hours of combined pre-mediation orientation and mediation at no cost. Exceptions include cases involving termination of parental rights, cases where the parties have already begun mediating before filing, and cases where parental rights and responsibilities are already stipulated by the parties. Cases involving a domestic violence protection order are not automatically excluded — referral may still occur if the victim requests it and specific safety conditions are met.
No covenant marriage. North Dakota does not have a covenant marriage law.
Common Mistakes to Avoid
Assuming the Self-Help Forms Are Guaranteed to Be Accepted
The Legal Self Help Center states plainly that its packets are not official court forms and that courts are not required to accept them. Local judges have discretion, so it helps to confirm local expectations.
Using the Wrong Packet
The DNC packet is for stipulated divorces with no minor children, while the DWC packet adds the Parenting Plan and child support worksheet for cases involving children. Mixing up the two — or using a stipulated packet for a contested case — can create confusion.
Overlooking Form Numbering Differences
The DNC and DWC forms run in parallel but are numbered differently. For example, the Admission of Service is Form 5 in the DNC packet but Form 7 in the DWC packet. Because forms are revised periodically, verifying the current numbering against the packet PDFs helps avoid mismatches.
Forgetting the Child-Related Requirements
Parents in cases with minor children have to account for the four-hour parenting course, the child support worksheet, and the mediation referral. Missing one of these steps can slow a case down.
Treating the Six-Month Residency as Optional
A case can be filed before six months of residency, but the decree cannot be entered until the requirement is met. Counting on a faster timeline can lead to disappointment.
How Divorce.com Can Help
Pulling together the right forms, filling them out correctly, and keeping track of the steps can feel like a lot, especially during an already stressful time. Divorce.com is built to make the paperwork part of the process simpler and clearer, so you can focus on moving forward.
A guided, question-based process that helps you complete your divorce documents
Plain-language explanations so you understand what each step is for
Organized handling of the paperwork so you are less likely to miss a form
A more affordable alternative to handling everything entirely on your own or paying full attorney rates for an uncontested case
Support designed to reduce the stress of an already difficult time
Few moments in life feel as overwhelming as the start of a divorce, and the paperwork can be one of the most intimidating parts. If you are facing a divorce in North Dakota, knowing which forms exist, what each one does, and where to find them can take a lot of the uncertainty out of the process. This guide walks you through the North Dakota divorce papers in plain language so you can feel more informed and in control.
North Dakota is one of the states that publishes statewide self-help divorce packets through its Legal Self Help Center, so the core forms are the same no matter which county you live in. Below, we break down the forms by what they do, explain how the divorce process generally works, and point you to the official sources for downloading them.
This page is for general information only. It describes what the forms are and how the process is structured in North Dakota — it does not tell you what to file or what choices are right for you. Every situation is different, so for advice on your specific situation, consult an attorney.
The Bottom Line
North Dakota makes the core divorce paperwork relatively accessible by publishing statewide self-help packets — the Stipulated Divorce No Children (DNC) and With Children (DWC) packets — through its Legal Self Help Center, along with a separate path for contested cases. Because these packets are statewide, the same forms generally apply whether you are in Fargo, Bismarck, Grand Forks, Minot, or West Fargo. Just remember that the Center itself notes these are self-help resources, not official court forms, and judges are not required to accept them.
You can download the current packets and instructions directly from the official North Dakota Courts site at ndcourts.gov. If you would prefer a guided, step-by-step experience that helps you complete the documents, Divorce.com can walk you through it.
This guide is informational and does not replace personalized legal guidance. For advice on your specific situation, consult an attorney.
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