North Dakota Ground Rules

What are the grounds for divorce in North Dakota?

A divorce may be granted in North Dakota divorce law for either no-fault or fault grounds.

The sole no-fault ground is irreconcilable differences.

Fault grounds include:
(1) adultery;
(2) confinement for incurable insanity for a period of 5 years;
(3) conviction of a felony;
(4) willful desertion;
(5) cruel and inhuman treatment;
(6) willful neglect;
(7) habitual intemperance (drunkenness).

The grounds for legal separation (separation from bed and board) in North Dakota divorce law are:
(1) irreconcilable differences;
(2) adultery;
(3) confinement for incurable insanity for a period of 5 years;
(4) conviction of a felony;
5) willful desertion;
(6) cruel and inhuman treatment;
(7) willful neglect;
(8) habitual intemperance (drunkenness).
The spouse filing for legal separation must be a resident of North Dakota for at least 6 months prior to the entry of the legal separation or commencement of the action.

Annulment

In a divorce, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to a divorce attorney. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.

Documentation

You’ll need to provide your divorce lawyer with the following documentation in order to proceed with your dissolution. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Personal Data

• Full addresses and phone numbers of both parties.
• Full names, birth dates, and addresses of all children of the marriage, their school and grade.
• Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
• A copy of any domestic contracts (e.g. a prenuptial agreement).
• Information about any previous legal proceedings between the spouses or involving any of the children.
• Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.

Financial Data

• Your previous year’s income tax return, and any related data from the IRS.
• Information about your current income, e.g. a current pay slip.
• A list of substantial assets and liabilities of both spouses.