Grounds for Divorce in North Dakota: No-Fault, Fault and Separation Requirements
North Dakota has seven grounds for divorce, including irreconcilable differences. Condonation and unreasonable delay defeat fault grounds, conduct is a spousal support factor, and domestic violence can bar residential responsibility.
What are the grounds for divorce in North Dakota?
Seven (NDCC 14-05-03).
| Ground | Section | What the statute says |
|---|---|---|
| Adultery | 14-05-03(1), 14-05-04 | Voluntary sexual intercourse of a married person with someone other than the spouse |
| Extreme cruelty | 14-05-05 | Grievous bodily injury or grievous mental suffering inflicted on the other |
| Willful desertion | 14-05-06 | Voluntary separation with intent to desert, including persistent refusal of marital relations or to dwell together without cause |
| Willful neglect | 14-05-07 | Failure to provide the common necessaries of life despite the ability, or through idleness, profligacy or dissipation |
| Alcohol or substance abuse | 14-05-08 | Defined by the statute |
| Felony conviction | 14-05-03(6) | Conviction of a felony |
| Irreconcilable differences | 14-05-03(7), 14-05-09.1 | Substantial reasons for not continuing the marriage that make it appear the marriage should be dissolved |
Is North Dakota a no-fault state?
It has a no-fault ground, irreconcilable differences, and keeps fault grounds. Irreconcilable differences are grounds the court determines to be substantial reasons for not continuing the marriage (14-05-09.1).
Is there a separation requirement in North Dakota?
No. The only fixed time is the six-month residence rule; use the North Dakota divorce timeline calculator to see it.
Can a divorce be denied in North Dakota?
Yes, on a showing of condonation, which is conditional forgiveness of the offense, or of limitation and lapse of time (14-05-10); a divorce must also be denied when there is an unreasonable lapse of time before the action starts that suggests acquiescence (14-05-16). These rules matter for fault grounds, not for irreconcilable differences.
What is condonation in North Dakota?
Conditional forgiveness of a matrimonial offense, which requires knowledge of the facts, reconciliation and remission of the offense by the injured party, and restoration of the offending party to all marital rights (14-05-13); it is revoked and the original cause revived if the condonee commits a like or other cause of divorce or is guilty of great conjugal unkindness (14-05-14).
Are grounds shared with legal separation in North Dakota?
Yes. The court may grant a temporary or permanent decree of separation for any cause for which a divorce may be decreed (14-05-03.1).
What if a spouse has abused alcohol in North Dakota?
Abuse of alcohol or controlled substances is a ground defined in 14-05-08, and a serious pattern can also matter to parenting: the court considers the parents’ mental and physical health as it affects the child (14-09-06.2(1)(g)).
Does fault matter to alimony in North Dakota?
Yes, as a factor: the conduct of the parties during the marriage is one of the factors for spousal support, and the court may not award permanent spousal support (14-05-24.1(2)-(3)). See the North Dakota alimony calculator.
Does fault matter to property in North Dakota?
The property statute directs an equitable distribution and does not list marital fault (14-05-24). See the North Dakota property division calculator.
Can a spouse deny the marriage is over in North Dakota?
A spouse can contest the ground, but irreconcilable differences are determined by the court on substantial reasons for not continuing the marriage, not on both spouses agreeing (14-05-09.1).
Does fault matter to the children in North Dakota?
Evidence of domestic violence must be considered, and credible evidence of a serious incident or a pattern creates a rebuttable presumption that the perpetrator may not be awarded residential responsibility, overcome only by clear and convincing evidence (14-09-06.2(1)(j)). See the North Dakota parenting time calculator.
Frequently asked questions
What are the grounds for divorce in North Dakota?
Adultery, extreme cruelty, willful desertion, willful neglect, alcohol or substance abuse, felony conviction and irreconcilable differences.
Is North Dakota a no-fault divorce state?
It has a no-fault ground and also keeps fault grounds.
Is a separation period required for a North Dakota divorce?
No separation period is required.
Does adultery matter in a North Dakota divorce?
It is a ground, and conduct during the marriage is a spousal support factor.
Can my spouse stop a North Dakota divorce?
Condonation can defeat a fault ground, but irreconcilable differences is decided on substantial reasons not to continue the marriage.
Official sources
- NDCC chapter 14-05: divorce
- NDCC chapter 14-09: parent and child
- NDAC 75-02-04.1: child support guidelines
- Fox v. Fox, 1999 ND 68, 592 N.W.2d 541
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited North Dakota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed North Dakota attorney.