Reviewed August 2026
Uncontested Divorce Checklist in North Dakota
A North Dakota divorce is uncontested when both spouses agree on every issue and file together instead of as opposing parties. North Dakota's self-help courts publish a specific File for Divorce Together track, built around five plain-language eligibility questions. This is the closest thing the state has to a distinct simplified divorce process, even though no separate statute sets it out the way some states' summary dissolution laws do. North Dakota's divorce statutes set no general waiting period between filing and judgment, which sets it apart from many states. The one timing rule that matters is tied to certain fault grounds, not to the no-fault path most agreeing couples use. Couples who qualify for the file-together track complete a packet of about ten documents, built around a settlement agreement rather than contested pleadings.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under North Dakota law for people researching before they file. It is not legal advice, and Virdix does not prepare or file North Dakota paperwork. See how Virdix works for California divorces.
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What makes a North Dakota divorce uncontested
A case is uncontested when both spouses agree the marriage should end, most often under the no-fault ground of irreconcilable differences. They also need to resolve property, debt, and any parenting terms. The plaintiff must have lived in North Dakota in good faith for six months immediately before filing. If that six months wasn't met at filing, the six months immediately before the decree is entered works instead. North Dakota's fault grounds, including desertion, neglect, and habitual intemperance, each require the underlying conduct to continue for a full year before they qualify. The no-fault ground carries no such time requirement.
File for Divorce Together eligibility
North Dakota's Legal Self Help Center publishes a File for Divorce Together, No Children track. Couples must answer yes to all five of its criteria. The spouses must be in current communication and agree on every issue, with nothing left in dispute. They must have no minor or dependent children, and will have none. At least one spouse must have lived in North Dakota for the last six months. No other legal action between them over the same marriage can be pending. Couples who meet all five conditions can use this track's packet instead of filing as opposing parties.
Document checklist
The file-together packet includes roughly ten documents. These are a Summons, a Complaint, a Settlement Agreement, a Property and Debt Listing, an Admission of Service, and an Affidavit of Proof. It also includes Findings of Fact, Conclusions of Law, and Order for Judgment, a Judgment, a Confidential Information Form, and a Notice of Entry of Judgment. North Dakota does not use a single numbered Judicial-Council-style petition form. The case starts with a Summons and Complaint instead. The Legal Self Help Center notes its packet forms are not official court forms and that acceptance can vary by court. Confirm the current version with the district court where you file. A fee waiver is available under North Dakota Century Code Chapter 27-05.2. North Dakota has no single official numbered fee-waiver form, though. Confirm the accepted format with the district court clerk.
Is a hearing required
The file-together packet is built around an Affidavit of Proof rather than a live hearing. This suggests North Dakota's uncontested process can be finalized largely on the papers, once the settlement agreement and supporting documents are complete. No primary statutory source spells out hearing requirements for the file-together track specifically. Confirm with the district court clerk whether your county requires a personal appearance before assuming the case will be resolved without one.
Sources: North Dakota Century Code Title 14, Chapter 5, Divorce, North Dakota Courts, Simple Divorce self-help page, North Dakota Courts, Divorce self-help hub
Not independently confirmed
- Whether a personal court appearance or hearing is required for the File for Divorce Together track in any or all district courts
- Whether e-filing through the statewide Odyssey portal is mandatory or optional specifically for self-represented divorce filers
Uncontested Divorce Checklist in North Dakota: frequently asked questions
What qualifies a North Dakota divorce as uncontested?+
Both spouses agree the marriage should end, typically under the no-fault ground of irreconcilable differences. They also need to resolve property and debt division, plus any parenting issues. At least one spouse generally needs six months of North Dakota residency before filing, or before the decree is entered if residency wasn't met at filing.
What is North Dakota's File for Divorce Together track?+
It is a self-help packet for couples with no minor or dependent children who agree on every issue. They must be in communication, meet the six-month residency requirement, and have no other pending legal action over the marriage. Qualifying couples file together rather than as opposing plaintiff and defendant.
Is there a waiting period for an uncontested North Dakota divorce?+
No general statutory waiting period applies to the no-fault ground. North Dakota's divorce chapter sets no fixed number of days between filing and judgment. Some fault grounds, like desertion or habitual intemperance, require a full year of the underlying conduct before they qualify. This doesn't apply to the no-fault path.
Do we have to attend a hearing for an uncontested North Dakota divorce?+
The self-help packet includes an Affidavit of Proof rather than requiring live testimony, so many uncontested cases can likely be resolved largely on the papers. This isn't confirmed statewide, though. Confirm with the district court clerk in the county where you're filing.
What documents does North Dakota's uncontested divorce packet include?+
Roughly ten documents: a Summons, Complaint, Settlement Agreement, Property and Debt Listing, Admission of Service, and Affidavit of Proof. Also included are Findings of Fact and Conclusions of Law with Order for Judgment, a Judgment, a Confidential Information Form, and a Notice of Entry of Judgment.
What if we can't afford the North Dakota filing fee?+
North Dakota Century Code Chapter 27-05.2 authorizes a fee waiver, but there's no single official numbered form. The Legal Self Help Center publishes fee waiver instructions and forms, but notes these aren't official court forms. Confirm the accepted version with your district court clerk.
This page is general information about uncontested divorce checklist in North Dakota, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with North Dakota's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in North Dakota. Virdix does not prepare or file North Dakota divorce paperwork. It is not a substitute for an attorney licensed in North Dakota.
More North Dakota divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in North Dakota, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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