North Dakota Divorce Records

A State District Court in North Dakota may grant a divorce, even if the spouses were not married in the state. Either one spouse can initiate the divorce proceedings (contested divorce), or both parties can file for divorce amicably (uncontested divorce). However, the divorcing spouse must have lived in the state for six months before filing the divorce. Since North Dakota is a "no-fault" divorce state, a divorce may be granted based on irreconcilable differences. However, the state also grants fault-based divorces.

Only the county Clerk or recorder of the county where the divorce was granted can provide copies of divorce records. All copy requests must be sent online, by fax, by mail, or in person. A small fee will be charged. The state had a divorce rate of 2.7 per 1,000 people, compared to a national average of 2.4 per 1,000 people.

What are Divorce Records?

North Dakota divorce records are the official documentation of a legally recognized marriage dissolution in the state. More specifically, it refers to records, divorce decrees, and other court documents from the North Dakota court system that are connected to a legally recognized divorce.

North Dakota maintains divorce records for multiple reasons. The state uses these documents to track marital trends and statistics, while individuals rely on them as legal proof of their marital status. These records are crucial for matters like property division, child custody, and spousal support.

North Dakota’s court system generates divorce records. When individuals initiate divorce proceedings, the courts create a detailed record that documents the entire legal process, from the initial filing to the final judgment. This official document outlines the terms of the divorce, including asset division, child custody arrangements, and financial obligations.

North Dakota keeps copies of divorce records, which can be found by visiting the county where the divorce was filed and locating its Office of the County Recorder. The information in these divorce records includes:

The full names of the parties involved in the divorce
The court-assigned number for tracking and reference
Grounds for the divorce
The date on which the marriage occurred
Details about the settlement, such as alimony, property division, child custody, and child support arrangements
The court in which the case was filed
The date when the divorce was finalized
The address of the parties involved in the divorce

Are Divorce Records Public in North Dakota?

North Dakota maintains open access to divorce records. The public can generally view these documents as defined under the state’s Open Records Statute. However, court orders can seal specific records, limiting public access. To obtain a copy of a divorce record, individuals must request it from the county court where the divorce occurred.

The state differentiates between informational and certified copies of divorce records. Anyone can obtain informational copies, which lack detailed, confidential, or personal information. Only parties involved in the divorce or their legal representatives can acquire certified copies containing complete details. North Dakota does not provide a centralized online system for accessing divorce records. Instead, requests must be made directly to the county Clerk's Office.

Divorce Stats and Rates in North Dakota

North Dakota’s divorce rate fluctuated between 2017 and 2022. The state experienced a peak in divorces in 2022, with 2.7 divorces per 1,000 residents. This represents an upshoot in divorces from the lowest point in 2020 when the divorce rate was 2.4 per 1,000 residents.

Divorce rates in North Dakota also affect women at a higher rate. In 2021, the state recorded 4.7 divorces for every 1,000 women aged 15 and over. More recent data shows that over 10% of North Dakota women and nearly 9% of North Dakota men are currently divorced.

Grounds for Divorce in North Dakota

North Dakota's divorce laws are outlined in Chapter 14-05 of the North Dakota Century Code. North Dakota has divorce laws that are largely comparable to those of other states, including a six-month residence requirement. North Dakota allows both no-fault and fault-based divorces. Couples can file for divorce based on irreconcilable differences without specifying a reason for the breakdown of the marriage. Alternatively, spouses can cite specific grounds for divorce, such as:

Severe cruelty
Willful abandonment
Adultery
Felony conviction
Conscious neglect
Alcohol and/or regulated substance abuse

There are further, less common grounds (reasons) for the dissolution of marriage in North Dakota. For the other reasons, "fault" must be proven by the Petitioner or Plaintiff. Divorces based on fault are exceedingly rare and intricate.

How to File for Divorce in North Dakota

North Dakota imposes residency requirements for divorce filings. Spouses must reside in the state for at least six months before initiating divorce proceedings. The state recognizes both fault and no-fault grounds for divorce, with no-fault being the more common option.

To start a divorce, the plaintiff files a complaint or petition in the appropriate county court. This court is typically where the defendant resides, or where the plaintiff resides if the defendant is a non-resident. The court serves the defendant with a copy of the petition, notifying them of the divorce proceedings.

The defendant must respond to the petition within 30 days. If the defendant agrees to the divorce terms, the process becomes uncontested. Otherwise, a contested divorce ensues.

Spouses attempt to settle through mediation. If successful, they submit a settlement agreement to the court for approval. A contested divorce requires a court hearing to determine the divorce terms. Ultimately, the court issues a divorce decree to finalize the case.

North Dakota Divorce Decree

North Dakota District Court issues a divorce decree to finalize divorce proceedings in the state. This official document outlines the terms of the divorce, including property division, child custody, and spousal support. The presiding judge issues the divorce decree after reviewing the case.

In-depth information regarding the divorce, such as the division of assets and property, child custody, spousal support, alimony payments, and visitation schedules, are included in a North Dakota divorce decision. Both parties must abide by the decision, which is the ultimate ruling in the divorce case.

The Office of the County Recorder in the county where the divorce was settled is responsible for keeping track of divorce decisions in North Dakota. These records are typically public, but access methods vary by county. Some counties provide online access, while others require in-person visits.

How to Find and Access North Dakota Divorce Records

North Dakota houses divorce records within individual county court Clerks' Offices. To obtain a divorce record, individuals must visit the specific county where the divorce occurred. The State of North Dakota Courts website offers a "Court Locations" directory to locate the correct courthouse.

Offline Access

To request a divorce record, individuals need to provide specific information, including the names of the involved parties, the divorce date, and the county. Many county courthouses have public terminals for viewing available records, but obtaining official copies usually requires a formal request to the Clerk's Office. A fee is typically associated with obtaining copies, and payment is often in the form of cash, money order, or check.

Online Access

North Dakota offers limited online access to divorce records. While the state provides a directory of county courthouses, it does not offer a centralized online platform for accessing divorce records. Individuals may find some information through third-party websites, but the accuracy and completeness of these records cannot be guaranteed.

Due to the sensitive nature of divorce records, many records are sealed, limiting public access. Additionally, fees and specific requirements for obtaining divorce records can vary between counties. It's essential to contact the specific county courthouse for accurate and up-to-date information on accessing divorce records.

References

Counties in North Dakota

List of Content

What are Divorce Records?
Are Divorce Records Public in North Dakota?
Divorce Stats and Rates in North Dakota
Grounds for Divorce in North Dakota
How to File for Divorce in North Dakota
1. North Dakota Divorce Decree
How to Find and Access North Dakota Divorce Records
1. Offline Access
2. Online Access