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Same-Sex Divorce in North Dakota

Legal considerations for same-sex divorce in North Dakota. Property, custody, and unique challenges. North Dakota follows equitable distribution.

Property Type

Equitable

Filing Fee

$80–$100

Median Cost

$6,500–$26,000

Annual Divorces

2,500+

Understanding Same-Sex Divorce in North Dakota

North Dakota processes approximately 2,500+ divorces annually. Understanding your rights and options specific to North Dakota is essential before making decisions that will affect your finances and family for years to come.

North Dakota follows equitable distribution rules for dividing marital assets. The state allows both no-fault and fault-based divorce (fault grounds: Adultery, Extreme cruelty, Felony conviction). Filing fees are $80–$100, with a residency requirement of 6 months.

The median cost ranges from $6,500 for uncontested cases to $26,000 for contested divorces. Under N.D.C.C. §14-05-03, courts consider multiple factors when making decisions about property, support, and custody.

Common Questions

How long do you have to live in North Dakota to file for divorce?
North Dakota requires 6 months of residency before you can file for divorce. N.D.C.C. §14-05-03 governs the filing requirements.
Is North Dakota a community property or equitable distribution state?
North Dakota follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in North Dakota?
Filing fees in North Dakota range from $80–$100. The median total cost is approximately $6,500 for uncontested divorces and $26,000 for contested cases.
How long does a divorce take in North Dakota?
North Dakota has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in North Dakota?
North Dakota uses a Percentage of Income model, calculating support as a percentage of the non-custodial parent's income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about same-sex divorce in North Dakota and is not legal advice. Verify current statutes with N.D.C.C. §14-05-03 or consult a licensed North Dakota attorney. Last reviewed March 2026.