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Guide to Uncontested Divorce in North Dakota

December 23, 2025

Uncontested / Simple Divorce in North Dakota: A Plain-English Guide

If you and your spouse agree that your marriage is over and you want to keep things calm and affordable, an uncontested (sometimes called “simple”) divorce in North Dakota may be a good fit.

One of the biggest money savers in North Dakota is service of process. Many people pay the Sheriff or a process server because they do not realize there may be a cheaper option. If your spouse is cooperative, they may be able to sign an Admission of Service, which can help you avoid Sheriff service fees.

This guide explains North Dakota uncontested divorce in plain English using the same terminology you will see from the North Dakota Legal Self Help Center and the District Court. We will cover who qualifies, the step by step process, how cases with children are different, typical timelines, typical costs, and where a DIY divorce kit can fit.

Important disclaimer: PlainDivorce.com is not a law firm. This guide is general legal information, not legal advice for your situation. Court rules, forms, and fees can change, and local practices can vary. Always confirm current requirements with the North Dakota Court System or a local lawyer before you file.

Table of Contents

uncontested divorce in North Dakota

1. North Dakota Uncontested Divorce at a Glance

  • Where you file: North Dakota District Court (in the appropriate county).
  • How the case starts: Summons and Complaint.
  • Protecting SSNs and private data: The court uses a Confidential Information Form (Form 11) to keep sensitive identifiers out of public filings.
  • How “agreement” is described: A written Settlement Agreement (Stipulation).
  • The common “judge signs this” title: Findings of Fact, Conclusions of Law, and Order for Judgment.
  • Two main packet lanes: North Dakota self-help materials commonly separate cases into Divorce Without Children and Divorce With Children.
  • Biggest cost lever: Service of process. A cooperative spouse may sign an Admission of Service to avoid Sheriff or process server fees.
  • Biggest comfort win: In some agreed cases, the packet can be submitted for review without a hearing by using an Affidavit of Proof for Stipulated Judgment.

2. What Is an Uncontested or Simple Divorce in North Dakota?

In everyday language, an uncontested divorce is a divorce where you and your spouse agree on the important terms. You both agree the marriage should end, and you have worked out what happens with property, debts, parenting, and support so the court does not have to hold a full trial to decide disputes.

North Dakota does not create a special “simple divorce” category in the statutes. When people say “simple,” they usually mean a case that can be completed with a full written agreement (a Settlement Agreement or Stipulation) and the correct supporting paperwork.

3. Who Qualifies for an Uncontested Divorce in North Dakota?

Before you worry about forms, make sure you are allowed to file in North Dakota and that your situation truly fits an uncontested model.

3.1 Residency requirements (commonly described as a 6 month rule)

North Dakota divorces commonly involve a 6 month residency requirement. If one of you recently moved, verify the timing using official court resources or a local lawyer before filing.

3.2 Grounds for divorce (legal reason)

North Dakota allows both no fault and fault based grounds. In a cooperative uncontested case, many people use a no fault explanation commonly described as irreconcilable differences, meaning the marriage is broken and you do not believe it can be repaired.

3.3 When your case fits the uncontested model

  • You both agree the marriage is over.
  • You agree on property and debts.
  • You agree on spousal support (whether any will be paid, and the terms).
  • If you have children, you agree on parenting and child support.
  • You are willing to put your agreement into a written Settlement Agreement (Stipulation) and cooperate with paperwork.

4. Step-by-Step Overview of the Uncontested Divorce Process

The exact forms depend on whether you have children and which packet you are using, but most uncontested cases follow the same basic path in District Court.

Step 1 – Choose the correct packet (with children vs without children)

North Dakota self-help resources commonly separate cases into two lanes: Divorce Without Children and Divorce With Children. Choosing the right lane matters because the required attachments are different.

Step 2 – Put your agreement in writing (Settlement Agreement / Stipulation)

An uncontested divorce depends on a clear written agreement. In North Dakota, the agreed terms are often documented as a Settlement Agreement (Stipulation). This is where you spell out property, debts, support, and (if applicable) parenting and child support terms.

Step 3 – Prepare your form stack (using the court’s terminology)

Many uncontested North Dakota packages include items such as:

  • Summons and Complaint
  • Confidential Information Form (Form 11)
  • Financial Affidavit (financial disclosure)
  • Settlement Agreement (Stipulation)
  • Findings of Fact, Conclusions of Law, and Order for Judgment (your proposed final order documents)
  • Additional forms required by the packet you are using (especially in cases with children)

Children note: In cases with children, courts are very careful about privacy. Public filings may use children’s initials, while the full names and other private identifiers are typically provided in the confidential information paperwork (not in the public record).

Step 4 – File with the Clerk of District Court

File your completed paperwork with the Clerk of District Court in the appropriate county. You will usually pay a filing fee to open the case. The civil filing fee is often listed around $80, but you should confirm the current amount with your clerk because fees can change and local add ons may apply.

Step 5 – Service of process (and the Admission of Service shortcut)

Service is where many DIY cases get delayed. The court needs proof the other spouse received the Summons and Complaint.

In plain English, your service options usually look like this:

  • If your spouse is cooperative: They may sign an Admission of Service, which can help you avoid paying the Sheriff or a process server.
  • If your spouse is not cooperative: You may need Sheriff service or a process server (fees usually apply).
  • If standard service is not possible: Alternative methods may exist, but they are technical and must follow court rules.

Step 6 – The no hearing option in agreed cases (Affidavit of Proof)

If your case is fully agreed and fits the correct packet, North Dakota court instructions for “Divorce With an Agreement – No Children” explain that the packet is designed to be presented for a decision without a hearing by using an Affidavit of Proof for Stipulated Judgment.

This is a major reason many people prefer the agreed, uncontested route: if your paperwork is complete and acceptable, the judge may be able to decide based on the written submission.

Step 7 – Final judgment and “vital stats” reporting

If everything is complete, the judge signs the final order documents (often titled Findings of Fact, Conclusions of Law, and Order for Judgment). After entry, your divorce is official as of the date on the judgment documents (subject to any appeal timelines that may apply).

North Dakota cases also commonly require a separate “vital statistics” reporting form called the Report of Divorce or Annulment of Marriage (a Department of Health form, not a court form). Some sources refer to it by an SFN number. Because the exact SFN version can change, confirm the current form name and number with the Clerk of District Court before you file your final packet.

5. Special Issues When You Have Children

Having children does not prevent an uncontested divorce, but it usually increases the court’s review. The judge must be satisfied that parenting terms and child support are lawful and reasonable.

  • Expect more required forms and attachments in the Divorce With Children lane.
  • Expect a clearer record about parenting time and decision making.
  • Expect child support calculations and supporting financial information.

6. How Long Does an Uncontested Divorce Take in North Dakota?

There is no guaranteed timeline, but uncontested cases are typically faster than contested ones. Timing often depends on how quickly you complete service, whether your packet is complete, and how busy your court is.

In an agreed case that qualifies for the paper submission approach, timelines can be shorter because you are not waiting for a contested hearing date.

7. What Does an Uncontested Divorce Cost?

Common cost categories include:

  • Court filing fee: often listed around $80 for the civil filing fee, but confirm the current amount with your clerk.
  • Service costs: Sheriff or process server fees can apply if you cannot use an Admission of Service.
  • Document costs: notary fees, copies, postage, and certified copies of the final judgment.

If your spouse will sign an Admission of Service and you submit a clean agreed packet, many people keep costs much lower than in contested cases.

8. When a DIY Divorce Might Not Be Right for You

DIY uncontested divorce is not the best fit for everyone. Consider getting legal help if:

  • There is domestic violence, threats, stalking, or coercive control.
  • You suspect hidden assets, hidden debts, or financial manipulation.
  • You own a business, have complex retirement assets, or have complex property issues.
  • There are serious disputes about children, relocation, or safety.
  • You feel pressured to sign an agreement you do not understand.

9. Where a Self-Help Divorce Kit Fits Into the Process

Even when a divorce is uncontested, the paperwork can feel overwhelming. A North Dakota DIY divorce kit can help by organizing the process, explaining how the forms fit together, and helping you avoid common rejection points like service mistakes or missing required attachments.

Download Our North Dakota Uncontested Divorce Self-Help Kit

10. Final Thoughts and Next Steps

If you and your spouse can cooperate and agree on the key terms, an uncontested divorce in North Dakota can be much more affordable and predictable than a contested court battle.

  • Choose the correct lane (Divorce With Children vs Divorce Without Children).
  • Put your agreement into a clear Settlement Agreement (Stipulation).
  • Plan service early and use Admission of Service if your spouse is cooperative.
  • If eligible, consider the paper submission route using the Affidavit of Proof for Stipulated Judgment.
  • Confirm the current “vital stats” reporting form required by your clerk before final submission.

11. Frequently Asked Questions

What is an uncontested or simple divorce in North Dakota?

An uncontested (or “simple”) divorce in North Dakota generally means you and your spouse agree on all major terms: property, debts, support, and (if applicable) parenting and child support. Your agreement is typically written as a Settlement Agreement (Stipulation), and you submit a packet of forms for the court to review.

What is an Admission of Service, and why is it so important?

An Admission of Service is a document the other spouse can sign to confirm they received the divorce papers. In a cooperative case, it can help you avoid paying Sheriff or process server fees and can reduce delays caused by service mistakes.

Can an agreed divorce be finished without a hearing?

Some agreed cases can be submitted for a decision without a hearing when the packet is designed for written review, such as the “Divorce With an Agreement – No Children” lane that uses an Affidavit of Proof for Stipulated Judgment.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.