Do you want to know how to file for divorce in North Dakota?
In North Dakota, a no-fault divorce may be achieved reasonably swiftly as long as both spouses agree to the conditions of the divorce.
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Requirements for Residency
At least one of the parties seeking for divorce must have lived in North Dakota for at least six (6) months previous to the filing date.
Complete your Forms
The North Dakota Supreme Court website has the following forms.
To begin the divorce proceedings, one spouse must file a Summons and Complaint. The Summons and Complaint must be served on the other spouse using one of the ways listed below:
Process Server: A person who is not a party to the divorce proceeding may deliver the papers to the other spouse and then sign an Affidavit that will be submitted with the court.
Return Receipt for Certified Mail Restricted Deliver: The certified mail receipt and restricted delivery paperwork, together with the Summons and Complaint, must be submitted with the court. The individual sending the papers will need to complete an Affidavit of Service by Certified Mail.
Personal Service: If the other spouse agrees to accept service, the party initiating the action may present the documents to the other spouse and have them sign an Admission of Service, which can then be filed with the Court.
Once service is acknowledged the spouse served (called the Defendant) has 20 days or 35 days (if he or she lives out of state) to submit an Answer. If both parties are in agreement and want to submit a Divorce Settlement Agreement immediately, an Answer is not required.
If the parties agree on the terms of their divorce, they should use Generis Global simple interview procedure to finalize the Divorce Settlement Agreement. After then, the agreement may be submitted with the Court
To avoid having to appear before a court, the Plaintiff (person initiating the case) should prepare an Affidavit of Proof.
Finally, the parties should complete a Joint Property and Debt Listing, in which they detail any property and debts they possess individually or jointly, as well as their agreed-upon valuation. Check that the assets and obligations stated here match those in the Divorce Settlement Agreement.
Make duplicates of your forms.
Make at least two duplicates of each document after you have completed it. One pair will be submitted with the Court Clerk’s Office, while the other should be retained for your documents.
Bring your completed forms to your local court clerk’s office and pay the filing fee.
The Court imposes a filing fee of $80 to file the action with the County Clerk of Court, which must be paid at the time of filing. If you cannot pay the filing cost, contact the County Clerk of Court and request a Petition for Order Waiving Fees.
The Clerk will tell you if a hearing is necessary. If a hearing is necessary, the Clerk will schedule one for you. The hearing should be attended by both parties. If the Divorce Settlement Agreement is approved by the Judge, a Findings of Fact, Conclusions of Law, and Order for Judgment will be signed, and the Court will send you a Judgment and Decree.
When you are told that the divorce is complete, you must receive a certified copy of the Decree of Divorce from the County Clerk of Court in order to finalize all of the divorce conditions. The cost of a certified copy of the decree is $10.
Before updating information on crucial accounts and files, most financial institutions, government organizations, and employers demand a certified copy of the Divorce Decree.
