Divorce in North Dakota: Costs, Laws, and Calculators (2026)

Everything you need to understand the financial reality of divorce in North Dakota. State-specific costs, formulas, and free calculators.

Avg. uncontested
$1,200 - $3,500
Avg. contested
$8,000 - $25,000
Typical timeline
3 - 9 months
DCE State Score
70 / 100

North Dakota divorces typically cost 55% less than the national average of $12,900.

North Dakota keeps court filing fees low and imposes no waiting period after filing.

North Dakota is an equitable distribution state. Its court filing fee is a modest $160, which doubled from $80 in mid-2025, and there is no statutory waiting period after filing. Child support follows a percentage-of-income standard, starting at 14 percent of income for one child. Both fault and no-fault grounds are available, attorney rates run $175 to $325 per hour, and a contested case typically falls between $8,000 and $25,000.

Key Fact

North Dakota's court filing fee is $160, which doubled from $80 in 2025, and child support starts at 14 percent of income for one child.

Recent Development

North Dakota continues to calculate child support as a percentage of the paying parent's income and to keep both fault and no-fault grounds available. These long-standing rules keep the support formula straightforward once income is established.

North Dakota Divorce Quick Facts

Verified statutory data, attorney rates, and procedural rules for North Dakota.

Property division system
Equitable Distribution (judicial discretion)
Alimony formula type
Judicial Discretion
Child support formula
Percentage of Income Model
Mandatory waiting period
None
Residency requirement
180 days
Mediation required
No
Equal parenting presumption
No
Fault divorce available
Yes
Collaborative divorce available
Yes
Filing fee range
$160
Attorney hourly rates
$175 - $325/hour
Data last verified
May 30, 2026

DCE State Score Breakdown

Our proprietary index ranks every state on cost, complexity, and timeline. Higher is more favorable.

Overall DCE State Score

70/ 100

A score of 70 means North Dakota is more favorable than average in terms of divorce cost and complexity.

Cost Score

30/ 40

Based on filing fees, attorney rates, and total typical costs in North Dakota.

Complexity Score

24/ 30

Reflects judicial discretion, mandatory mediation, and procedural hurdles.

Timeline Score

16/ 30

Driven by waiting periods and average case duration from filing to decree.

Divorce Calculators for North Dakota

All 15 calculators preconfigured with North Dakota statutory data.

North Dakota Divorce Laws Overview

Property Division

North Dakota uses equitable distribution to divide marital property. This does not mean equal, it means fair, based on the circumstances. Judges consider factors including each spouse's income and earning capacity, contributions to the marriage, length of the marriage, and the economic circumstances of each spouse. Outcomes can vary significantly from case to case.

Spousal Support (Alimony)

North Dakota judges have broad discretion in setting alimony awards. There is no statutory formula. Courts weigh a set of statutory factors including: length of the marriage, each spouse's earning capacity, standard of living during the marriage, financial resources of each spouse. This means outcomes can vary significantly depending on the judge and the specific facts of your case.

Child Support

North Dakota uses the Percentage of Income Model for child support. The paying parent's gross income is multiplied by a fixed percentage based on the number of children. The receiving parent's income is not directly factored into the basic calculation.

Custody and Parenting Time

North Dakota courts determine custody based on the best interests of the child. While there is no statutory presumption of equal time, courts generally favor arrangements that allow both parents meaningful involvement in the child's life.

This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.

Frequently Asked Questions

How much does a divorce cost in North Dakota?
An uncontested divorce in North Dakota typically costs $1,200 - $3,500. Contested cases run $8,000 - $25,000, depending on attorney involvement, custody disputes, and the complexity of the marital estate. Court filing fees alone are $160.
How long does a divorce take in North Dakota?
North Dakota requires a 0-day waiting period after filing. Uncontested cases finalize in roughly 3 months on average, while contested cases take about 9 months from filing to final decree.
How is property divided in North Dakota?
North Dakota uses equitable distribution. Marital assets are divided based on what the court considers fair, not necessarily equal. Judges weigh income, contributions, length of marriage, and the economic circumstances of each spouse.
How is child support calculated in North Dakota?
North Dakota uses the Percentage of Income Model. North Dakota uses the Percentage of Income Model for child support. The paying parent's gross income is multiplied by a fixed percentage based on the number of children. The receiving parent's income is not directly factored into the basic calculation.
How is alimony determined in North Dakota?
North Dakota alimony follows a judicial discretion approach. North Dakota judges have broad discretion in setting alimony awards. There is no statutory formula. Courts weigh a set of statutory factors including: length of the marriage, each spouse's earning capacity, standard of living during the marriage, financial resources of each spouse. This means outcomes can vary significantly depending on the judge and the specific facts of your case.

Divorce Costs in Nearby States

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