North Dakota Divorce Residency Requirements
In order to file your Complaint for Divorce in North Dakota, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the North Dakota residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
A separation or divorce may not be granted unless the plaintiff in good faith has been a resident of the state for six months next preceding commencement of the action. If the plaintiff has not been a resident of this state for the six months preceding commencement of the action, a separation or divorce may be granted if the plaintiff in good faith has been a resident of this state for the six months immediately preceding entry of the decree of separation or divorce.
The Dissolution of Marriage is typically filed with in county in which the filing spouse resides. (North Dakota Century Code - Volume 3A - Chapters: 14-05-17 and 28-04-05)
Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of North Dakota. It is most common that people file for a divorce in the county in which they live. You can also read more about the North Dakota residency requirements in the North Dakota state statutes located at: https://www.legis.nd.gov/. If you are unsure of whether or not you meet the North Dakota residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
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