Overview: Filing for Divorce in North Dakota Without a Lawyer

North Dakota requires 6 months residency with no waiting period. The state has among the lowest filing fees in the nation. DIY divorce is very feasible for uncontested cases.

Can You File Without a Lawyer in North Dakota?

✓ Good Candidates for DIY Divorce:

  • Both agree to divorce
  • No minor children or agreement on custody/support
  • Agreement on property division
  • No spousal support disputes
  • Both willing to cooperate

⚠ Consider Hiring a Lawyer If:

  • Child custody or support disputes
  • Complex property division
  • Significant marital assets
  • Retirement accounts
  • Spouse contests

Step-by-Step: How to File for Divorce in North Dakota

Step 1

Verify 6-Month Residency

Either spouse must have lived in North Dakota for 6 months before filing.

⏱ Estimated Time: N/A
💡 Tips:
  • ND driver's license
  • Voter registration
  • Utility bills
Step 2

Complete Petition for Divorce

Fill out Complaint for Divorce form.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Filing fee: $80-120 (lowest in nation)
  • State irreconcilable differences
  • Use ND court forms
Step 3

File with District Court

Submit petition to district court in your county.

⏱ Estimated Time: 1 day
💡 Tips:
  • Bring original + copies
  • Very affordable filing fee
  • Get case number
Step 4

Serve Your Spouse

Have spouse served by authorized person.

⏱ Estimated Time: 1-2 weeks
💡 Tips:
  • Cannot serve yourself
  • Sheriff or process server
  • Spouse can accept service
Step 5

Exchange Financial Information

Both complete financial affidavits.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Required disclosure
  • List all assets and debts
Step 6

Draft Settlement Agreement

Create comprehensive settlement agreement.

⏱ Estimated Time: 4-6 hours
💡 Tips:
  • Address all marital property
  • Include parenting plan if children
  • Both must sign
Step 7

Attend Hearing

Appear before judge for final hearing.

⏱ Estimated Time: 30 minutes
💡 Tips:
  • May be required
  • Bring all documents
  • Usually routine
Step 8

Receive Decree

Court issues Decree of Divorce.

⏱ Estimated Time: Immediately to 1 week
💡 Tips:
  • Request certified copies
  • Effective immediately

Required Forms for North Dakota Divorce

Complaint for Divorce (Varies)

Required
📄 Download Form

Financial Affidavit (Varies)

Required

Settlement Agreement (Custom)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for North Dakota DIY Divorce

💰 DIY Divorce

$130-220
  • Filing fee: $80-120
  • Service fee: $50-100
  • Misc costs: $25-$100

👔 With Attorney

$2,500-12,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

Common Pitfalls to Avoid

1

Not meeting 6-month residency

2

Incomplete financial disclosures

3

Not addressing all property

4

Missing required forms

Frequently Asked Questions About North Dakota DIY Divorce

Why are North Dakota's filing fees so low?

North Dakota has the lowest divorce filing fees in the nation at $80-120, making it very affordable to file for divorce.

Does North Dakota have a waiting period?

No, North Dakota has no mandatory waiting period after filing, though processing time varies.

Can I file for divorce without a lawyer in North Dakota?

Yes, North Dakota's straightforward procedures and low costs make DIY divorce very feasible for uncontested cases.

Need Professional Help?

While DIY divorce can save money in North Dakota, consulting with an attorney can help you understand your rights and avoid costly mistakes.