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Divorce Residency Requirements in North Dakota

In North Dakota, the plaintiff must have lived in the state in good faith for 6 months before filing (or before the decree), and irreconcilable differences is a no-fault ground for divorce.

Last checked . General information, not legal advice.

North Dakota at a glance

State residency
6 months
If not met at filing, the divorce may still be granted if the plaintiff has been a resident for the 6 months before the decree.
County residency
No county period in the residency statute
No-fault ground
Irreconcilable differences

Sources

Last checked

The rules in North Dakota

How long must you live in North Dakota before filing for divorce?

State residency in North Dakota: 6 months. If not met at filing, the divorce may still be granted if the plaintiff has been a resident for the 6 months before the decree.

Is there a county residency requirement for divorce in North Dakota?

County residency in North Dakota: No county period in the residency statute.

What is the no-fault ground for divorce in North Dakota?

No-fault ground in North Dakota: Irreconcilable differences.

Where do the North Dakota divorce residency requirements come from?

The rules above come from N.D. Cent. Code 14-05-17, N.D. Cent. Code 14-05-03 and N.D. Cent. Code 14-05-09.1. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.