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Common Questions
Do I have to go to court to get divorced in North Dakota?
Not necessarily. If both parties agree on all issues, a divorce can proceed as uncontested, and a judge may approve the divorce based on written agreements without a formal court hearing. However, contested divorces often require court appearances.
What if my spouse won’t sign the divorce papers?
You can still get a divorce. After filing and properly serving the divorce complaint, the court can grant a default judgment if your spouse doesn’t respond within the required time frame.
How is child custody determined in North Dakota?
North Dakota courts prioritize the “best interests of the child” standard under N.D.C.C. § 14-09-06.2. Factors include each parent’s relationship with the child, stability of the home, ability to provide care, and the child’s developmental needs. Courts can grant sole or joint residential responsibility, and parenting time is decided accordingly.
Can I modify a custody order?
Yes. Custody can be modified if there’s been a material change in circumstances since the original order, and the change is in the child’s best interest. Notably, Kinden v. Kinden, 2025 ND 68, clarified how courts apply the standard for equal residential responsibility modifications under N.D.C.C. § 14-09-06.6.
Can I move out of state with my child?
f you share custody or parenting time, you typically need either the other parent’s written consent or a court order to relocate. The court will assess whether the move is in the child’s best interests under N.D.C.C. § 14-09-07.
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