North Dakota Divorce Records

North Dakota divorce records are the official legal documents detailing the dissolution of a marriage within the state. Recent data from the Centers for Disease Prevention and Control show that North Dakota has a divorce rate of 2.6 divorces per 1,000 residents. The state's divorce rate is slightly higher than the national average of 2.4 divorces per 1,000 people.

Divorce may be filed under fault and no-fault grounds under North Dakota laws. A no-fault divorce, commonly based on irreconcilable differences, allows for the dissolution of a North Dakota marriage without assigning blame to either party. North Dakota is primarily a "no-fault" divorce state. Therefore, no proof of wrongdoing is needed. The courts only need to find that these differences cannot be reconciled. North Dakota allows six fault-based grounds, including adultery, extreme cruelty, wilful desertion, wilful neglect, substance abuse, and felony convictions. Fault-based divorce grounds require proof of misconduct.

The average cost of divorce in North Dakota is $8,080 per person. Compared to the U.S. average, which is around $9,969, North Dakota divorce costs are lower by over 18%. However, the actual divorce costs can easily skyrocket as other fees, such as court filing fees, attorney expenses, mediation and alternative dispute resolution costs, the presence of kids, and whether or not the divorce is contested, drive the total expenses higher.

Are Divorce Records Public in North Dakota?

Divorce records are generally considered public records in North Dakota, accessible under the state's Open Records Statute. However, although the records are open to the public, North Dakota attempts to balance transparency with individual privacy rights. To this end, only basic information, such as names of the parties, case number, filing date, decree date, judge's name, and support orders on divorce records, is open to the public.

Official and certified copies of divorce records with detailed information about the divorcing parties are restricted from the public. Only the persons named on the divorce records, their legal representatives, and anyone with a valid court order may obtain certified copies. In North Dakota, parenting plans, property and debt listing, Social Security numbers, birth dates, minor children's full names, financial account numbers, health and mental health records, and information sealed by court orders are publicly unavailable.

What Is Included in North Dakota Divorce Records?

In North Dakota, divorce records consist of several distinct but related documents maintained by the county courts. Together, these documents chronicle the procedural history and final outcome of a divorce action. These records are grouped into three.

• Divorce Certificates: A divorce certificate in North Dakota is a condensed, administrative document verifying the legal dissolution of marriage. Sometimes, called informational copy because it does not include detailed findings or financial schedules. Instead, divorce certificates contain only the basic facts, such as the names of both spouses, the date and county where the divorce was granted, the court case number, the filing date, and the judge's signature. Generally, divorce certificates do not disclose any of the terms of the divorce judgment.
• Divorce Decrees: A divorce decree is the formal, signed judgment by the District Court judge that legally ends the marriage. Divorce decree details rights, obligations, and settlements. Divorce decrees contain information on asset division, child arrangements, spousal support, grounds for divorce, parenting plans, confidential property and debt listing, and division of retirement accounts.
• Divorce Case Files: The divorce case file, sometimes called the docket or court file, represents the complete procedural court records from inception to final judgment. Divorce case files contain initial filings, financial disclosures, motions and hearings, mediation records, exhibits and evidence, final decree of divorce, and notice of appeal, if applicable. The divorce case file is the complete documentary history of a divorce proceeding.

How Do I Find North Dakota Divorce Records?

Divorce records in North Dakota are maintained at the Clerk of District Court in the county where the divorce decree was entered. Generally, you may require certified copies of your divorce decree for various life events, including:

• Proof of marital status
• Establishing or reinforcing child or spousal support
• Modify custody arrangements
• Verifying that a spouse was properly dissolved before distributing assets or probating a will
• Confirm beneficiary changes for insurance and pension claims, or enforce spousal benefits
• Tracing family history
• Changing legal name post-divorce

Look Up North Dakota Divorce Certificate

Certified copies of North Dakota's divorce certificates are not issued centrally by the State. Instead, persons seeking a North Dakota divorce certificate granted in 1949 or later may obtain the document from the Clerk of District Court in the county where the divorce was granted. For divorce certificates granted before 1949, contact the North Dakota State Historical Society.

While the North Dakota Department of Health does not issue divorce certificates, it offers assistance in determining the county where the divorce was granted. Contact the office at (701) 328-2360 or email the information to the office.

All requests for a North Dakota divorce certificate may include the application form available at the County Clerk's office or website, a valid copy of a government-issued photo ID, and a self-addressed, stamped envelope if ordering the document by mail. In addition, include proof of relationship to the persons named on the divorce certificate and the fees.

Mail the documents or visit the appropriate office to request the record. The cost of divorce certificates differs by county. Expect to pay between $5 to $10 to obtain divorce certificates in North Dakota.

Look Up North Dakota Divorce Decree

To obtain a certified copy of a North Dakota divorce decree, request it from the Clerk of the District Court in the county where the divorce was granted. To order the document, send a written request or obtain the county-specific request form from the Clerk of the District Court in the appropriate county. Provide all relevant details, such as the full legal names of both spouses and the divorce date, to facilitate the record search. In addition, include a copy of a valid government-issued photo ID and the fees.

A certified copy of the North Dakota divorce decree costs $10. Some counties charge extra fees as handling fees. You may request the record by mail or in person. Mail requests may include a self-addressed, stamped envelope.

Look Up North Dakota Divorce Court Records

Interested persons may look up North Dakota divorce court records at the District Court in the county where the divorce was finalized. Most counties require a written request, which may include relevant details such as the full names of both spouses, the divorce year, and the case number.

In addition, you may use the North Dakota Judicial Branch's District Court Case Search portal. The platform provides free statewide access to District Court Case information for all civil matters, including divorces. However, the platform does not include information on sealed or restricted records.

Can You Seal Divorce Records in North Dakota?

Yes. North Dakota allows residents to seal their divorce records. Ideally, under North Dakota law, certain portions, such as minor children's identifying details or medical and mental health records, are automatically treated as confidential and are not part of the public record. If either party to the divorce wishes to keep additional portions of the records private, they may get a court order.

To seal the document, file a written motion to seal the divorce records at the District Court where the divorce was finalized, citing valid grounds, such as privacy risks or child safety. Ensure the motion is labeled "Confidential" and submitted with appropriate documentation. The judge reviews the request and weighs issues such as privacy interests versus public access rights as a minor's welfare. If the judge approves the motion, an order specifying which records are sealed.

How Long Does a Divorce Take in North Dakota?

North Dakota does not impose a mandatory waiting period between the date you file the divorce papers and the date the court may enter a final decree. It means that once you have filed the divorce petition, the law does not prescribe a fixed number of days that should elapse before a judge signs off on the divorce judgment.

However, although there is no statutory waiting period, after filing, you cannot obtain a divorce decree until the petitioner has been a resident in North Dakota for six consecutive months immediately preceding the Judgment entry. While you may file the action before the six-month mark, the court will defer the final decree until the residency requirement is satisfied.

Does North Dakota Require Separation Before Divorce?

No. North Dakota does not require spouses to live separately before filing for divorce or before the court will grant the divorce.

How Are Assets Split in a North Dakota Divorce?

North Dakota is an equitable distribution state, per the North Dakota Century Code, when it comes to splitting marital assets following a divorce. In an equitable division, when a divorce is granted, the court divides all marital property and debts fairly, but not necessarily equally, between the spouses.

Generally, any property acquired by either spouse during the marriage, regardless of title, and any debts incurred during the marriage are presumed marital and subject to equitable distribution. However, non-marital property -property owned before marriage, acquired by gift or inheritance during marriage, or property excluded by a valid prenup or postmarital agreement- is excluded from distribution.

North Dakota courts consider the following factors when determining an equitable division of marital assets:

• The respective ages of the parties
• The earning ability of each spouse
• The marriage duration
• The conduct of each spouse during the marriage
• The standard of living and lifestyle of each spouse post-divorce
• The health and physical condition of each spouse
• The value of each asset and its potential to generate income

Who Gets Custody of a Child in Divorce in North Dakota?

North Dakota child custody, officially called parental rights and responsibilities, is based solely on the best interest of the child, with no automatic preference for either parent. Therefore, the courts consider factors such as the stability of each parent's home, the child's developmental needs, the relationship with each parent, the moral fitness of the parents, and the child's preference before deciding which parents get custody.

North Dakota categorizes parental rights and responsibilities are categorized into decision-making responsibility (legal authority) and residential responsibility (physical living arrangements).

• Shared Parental Rights & Responsibilities: When the court awards shared parental responsibilities, both parents retain decision-making and residential authority. Both parents share equal authority over major decisions affecting the child's upbringing, such as education, medical care, choice of school, and extracurricular activities. Both parents' homes are considered "residential" for the child. Neither parent is labeled "sole" in a shared arrangement, as they both have ongoing entry into the child's life and share major decision-making.
• Allotted Parental Rights & Responsibilities: North Dakota law ensures that each parent receives minimum rights and duties when parents do not share equal decision-making. Therefore, in allotted parental rights, parents who do not have primary residential rights still have legally enforceable access and decision-making in certain areas, such as medical, educational, religious, and extracurricular activities, provided it does not endanger the child's welfare.
• Sole Parental Rights & Responsibilities: North Dakota courts award sole parental rights and responsibility to one parent, where such parent becomes the child's primary residential parent and holds exclusive authority over all decisions without needing the other parent's consent. The non-resident parent has limited or restricted rights to reasonable visitation, attend conferences, or receive records of the child.