Statutory Reference to North Dakota Century Code:

Residence: § 15-05-17

Divorce: § 14-05-03, 14-05-09.1

Property Division: § 14-05-24

Alimony: § 14-05-24

Custody: § 14-05-22

Visitation: § 14-05-05.1

Child Support: §§ 14-05-24; 14-09-09.7

 

Residence:

The spouse filing the divorce must be a resident of North Dakota for at least six months prior to the filing. 

 

Grounds:

No-fault: Irreconcilable differences, defined as "substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved." 

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

 

Distribution of Property:

Equitable distribution of all property of the parties, including gifts, inheritances, and any property acquired before and during the marriage. 

 

Alimony/Spousal Support:

Either spouse may be required to make allowances for support of the other for his or her life or for a shorter period, having regard to the circumstances of the parties respectively.

 

Child Custody/Visitation:

Child custody is awarded according to the best interests of the child, based on 14 enumerated factors, including the moral fitness of the parents, the stability of each parent's home environment, and presence of domestic violence.

 

Child Support:

Child support guidelines found at North Dakota Administrative Code §§ 75-02-04.1 to 75-02-04.10.  The guidelines are based on the Percentage of Income Model, calculated on net income.