Uncontested Divorce in North Dakota

Divorce is obviously a very stressful topic, but this stress can be lightened by opting for an uncontested divorce. It is rather soothing for both the divorcing partners to realize that they agree with each other regarding the main issues of the divorce. In such a case, it is essential that the divorcing partners should complete several forms demanded by the court and thereby terminate their marriage.

In this state, the divorcing partner who files the action is referred to as the Plaintiff. The other divorcing partner, who files a response, is called as the Defendant. The District Court is the venue for filing the action.

Grounds of Uncontested Divorce in North Dakota

Fault grounds

• Alcohol and drug abuse.
• Willful neglect.
• Inhuman and cruel treatment.
• Willful desertion.
• Conviction of a felony.
• Adultery.

No-fault grounds

• Irreconcilable differences.

Forms related to Uncontested Divorce in North Dakota

The Plaintiff ought to fill the below mentioned forms.

• A Complaint: This form indicates that the divorcing couple fulfills the conditions of divorce and the grounds of divorce are irreconcilable differences.

• Verification: This form is used to certify the truth of the Complaint. It must be notarized.

• Summons: As per this document, the Defendant is provided 20 days to file an Answer. Also, the following actions are prohibited.
  • Harassment between the spouses.
  • Dissipation of assets.
  • Removal of children from the state.

• Judgment (Redacted): This form comprises of personal information that is not mentioned in the final judgment.

• Judgment: This form terminates the marriage.

• Findings of Fact, Conclusions of Law and Order of Judgment: This document consists of the findings and conclusions of the court regarding the case. The document also orders a divorce.

• An Affidavit of Proof for Stipulated Judgment: This form summarizes the Complaint. It also includes the terms of the Settlement Agreement in the Findings of Facts, Conclusions of Law and Order of Judgment.

• An Admission of Service: By using this form, the Defendant can admit receipt and acceptance of the Complaint and the Summons.

• A Settlement Agreement: The terms and conditions of the distribution and division of the marital estate are detailed in this form.

Conditions to be fulfilled to apply for a Simplified Dissolution in North Dakota

• The pending divorce must be the singular legal action that is pending between the divorcing couple.
• One of the divorcing partners must have lied in the state for 6 months.
• The divorcing couple should not have minor children and the wife should not be expecting or pregnant.
• The divorcing partners should agree with each other regarding all major topics.

Venue of filing the action

There are 2 probable venues for filing the action.

• The county of the Defendant's residence, if the Defendant is a resident of North Dakota.
• Any county designated by the Plaintiff, if the Defendant is not a resident of North Dakota.

Divorce Papers