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Filing for Divorce in North Dakota

Filing for Divorce in North Dakota

Getting a Divorce in North Dakota? Divorce Law Cheat Sheet for the State of North Dakota


  • The love, affection and other emotional ties between your child and each of you.
  • You and your spouse’s abilities to give your child love, affection and guidance and to continue his or her education.
  • 3. Whether you each are able to provide food, clothing, medical care and other basic necessities for your child.
  • 4. How long your child has lived in a good, stable environment and how important continuity is.
  • 5. How permanent the family structure is in your and your spouse’s homes.
  • 6. You and your spouse’s moral fitness.
  • 7. You and your spouse’s mental and physical health.
  • 8. Your child’s adjustment to his or her home, school and community.
  • 9. Your child’s wishes, if the court decides he or she is mature enough to have a preference.
  • 10. Any evidence of domestic violence.
  • 11. Your child’s interaction and relationship with anyone who lives in your or your spouse’s home or would have a significant influence on your child’s best interest.
  • 12. Whether one of you has made false accusations about the other regarding child abuse.
  • 13. Any other factors the court decides are relevant.  

Your child’s grandparents and great-grandparents may be granted visitation rights if the court finds it would be in the best interest of your child and would not interfere with any parent-child relationship.  

7. How does the state calculate child support?      
North Dakota’s basic child support guidelines assume that one of you is the primary caregiver for your child and the other pays support based on his or her net income. If the parent who is paying support also is supporting other children not from your marriage, that will be factored in. The amount also will be adjusted for extended visitation, which means your child lives with the parent who is paying support more than 60 of 90 consecutive nights or an annual total of 164 nights.  

If you and your spouse have equal physical custody, meaning your time with your child is split 50-50, then a support obligation is figured for each of you. The lower support amount is subtracted from the higher support amount, and the difference is what the parent with the higher support amount must pay.  

The court presumes that these guidelines will result in an appropriate support amount. But the court will also consider whether any of these variables apply in ensuring that the support total is fair and in your child’s best interest:

  • You are calculating support for more than six children.
  • The parent paying support has a net income of more than $12,500 a month.
  • Your child attends private school.
  • Your child has a disabling condition or chronic illness.
  • Your child is 12 or older.
  • You are incurring work-related child care costs.
  • The parent paying support has additional income from assets.
  • The parent paying support has moved assets to reduce his or her income available for support.
  • The parent paying support has travel expenses related to visiting your child.
  • The parent paying support is responsible for continued expenses outside of normal living expenses.
  • The parent paying support has health care expenses that exceed 10 percent of his or her gross income; are expected to continue; are not eligible for. reimbursement; and are lifesaving or necessary to avoid a significant decrease in income.
  • The support calculation included income that’s not a part of usual pay —.extra overtime pay or a one-time bonus, for example.
  • The net income of the parent with whom the child lives is at least three times higher than the net income of the parent who would typically pay support.  

8. How does the state determine and calculate alimony?   

Alimony is not a standard part of a divorce, but you or your spouse may request it. There is not a specific list of considerations in North Dakota; the court will evaluate you and your spouse’s circumstances to determine whether to award alimony and, if so, how much and for how long.  

9. Is there a waiting period before remarriage in North Dakota?
Possibly. In granting your decree, the court will specify whether each of you is free to marry and, if so, when.  


You’ll find North Carolina’s statutes relating to divorce, here.  

The state’s child support guidelines are online, here.  

The North Dakota Department of Human Services provides child support enforcement information, here.  

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