Does North Dakota have Jurisdiction for your divorce?

North Dakota law requires that the filing spouse (the Plaintiff) must have been a resident of the state for either at least six (6) months immediately prior to the filing of the Complaint, or at least 6 months prior to the entry of the Decree of Divorce.

If you have minor children living with your spouse in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. Your spouse can waive that jurisdiction in writing.


You should file the divorce in the county where you presently reside, or in the County where your spouse resides, if she lives in another County. You or your spouse must have a North Dakota address in the county where you are filing your divorce. North Dakota civilian residents living overseas may file in North Dakota if they have maintained their residency in North Dakota.