North Dakota Divorce Mediation Basics
Divorce mediation can be an alternative to lengthy, public court battles. A divorce mediator can assist with a settlement agreement on issues like property division, alimony, child support and child custody, and more.
In North Dakota, there are three basic types of divorce: contested, uncontested, and summary divorce. Contested divorce requires a traditional court proceeding, whereas an uncontested divorce is useful when you and your spouse have been able to agree on all important issues. Summary divorce is somewhere in-between, where most issues are resolved, but you may need a judge to assist with the final issues that need to be resolved. N.D. Cent. Code § 14-05-17 (2022).
To qualify for an uncontested divorce, you must agree on all important issues and file a written settlement agreement that details the agreements between the spouses. You must also meet certain residency requirements (generally six months). Finally, you must agree on the reason(s) for your divorce.
To file an uncontested divorce in North Dakota, visit the North Dakota Courts Legal Self-Help Center for Divorce to find information and resources for filing. To file, visit the Clerk of the Court in the county where you or your spouse lives. N.D. Cent. Code § 28-04-05 (2022). You can use the Clerk of the Court locator to find your county court.
You can save time and money by first working with a mediator to resolve your disputes. Our North Dakota divorce mediation can save you significant time and money when you use a divorce mediator to assist with your divorce settlement agreement.
For more information on North Dakota divorce mediation, visit DivorceNet’s page on divorce in North Dakota.
Divorce mediation offers a number of advantages, including:
- lower cost,
- freedom to make informed decisions,
- control, and
You and your spouse control the outcome of divorce mediation, not the courts.
For divorce mediation to be successful, it’s important that both spouses engage in good faith. Mediation will likely not be successful if one spouse is more interested in harming the other spouse than resolving disputes over property or child custody arrangements. If both spouses engage in good faith, though, mediation can save significant time and money for both spouses.