Grounds for Divorce in North Dakota

North Dakota is a no-fault divorce state — meaning you don't have to prove your spouse did anything wrong. But the state also still recognizes six fault-based grounds under Chapter 14-05 of the North Dakota Century Code, and the distinction between the two tracks matters more than most people realize.

No-Fault: Irreconcilable Differences

The overwhelming majority of North Dakota divorces are filed under the no-fault ground of "irreconcilable differences" (N.D.C.C. § 14-05-03(7)). Irreconcilable differences are defined as substantial reasons for not continuing the marriage that make it appear the marriage should not be preserved.

You don't need to prove misconduct, infidelity, or any specific event. You don't need your spouse's agreement that the differences are irreconcilable. You simply state in your Complaint that irreconcilable differences exist, and the court accepts that as sufficient grounds.

This is the path the North Dakota Legal Self Help Center's standardized form packets are designed for. If you're representing yourself, this is almost certainly the ground you should file under.

Fault-Based Grounds

North Dakota retains six fault-based grounds for divorce under N.D.C.C. § 14-05-03:

1. Adultery — sexual intercourse with someone other than the spouse during the marriage
2. Extreme cruelty — physical violence, emotional abuse, or conduct that endangers life or health
3. Willful desertion — must have been continuous for at least one year (N.D.C.C. § 14-05-08)
4. Willful neglect — failure to provide necessities of life, must persist for at least one year
5. Habitual intemperance — chronic substance abuse lasting at least one year
6. Conviction of a felony — after the marriage

For desertion, neglect, and intemperance, the statute requires the condition to persist for a continuous 12-month period before you can cite it as grounds.

Why Fault Grounds Rarely Make Sense for Self-Represented Filers

Filing on fault grounds is legally harder, more expensive, and riskier:

You must prove it. No-fault requires only the assertion that irreconcilable differences exist. Fault requires admissible evidence — testimony, documentation, records — that meets the legal standard. The Plaintiff carries the burden of proof.

No standardized forms exist. The North Dakota Legal Self Help Center only provides form packets for no-fault filings based on irreconcilable differences. If you file on fault grounds, you must draft your Complaint from scratch and may need to prepare a trial-ready evidence package.

It rarely changes the outcome on property. North Dakota uses the Ruff-Fischer guidelines for equitable distribution of property. While "conduct of the parties during the marriage" is one of the factors, courts have consistently held that fault alone doesn't automatically result in a larger property award. The practical difference in property division between a no-fault and fault-based case is often minimal.

It does affect spousal support. Marital misconduct can be a factor in spousal support decisions — but North Dakota already prohibits permanent spousal support. Support is limited to rehabilitative or general-term durations, and modification or termination triggers are built into the statute regardless of how the divorce was filed.

When Fault Grounds Might Matter

There are narrow circumstances where filing on fault could influence the outcome:

• Extreme cruelty involving domestic violence — may support a motion for temporary protective orders and affect custody determinations
• Dissipation of marital assets — if a spouse has squandered significant assets through substance abuse or reckless spending, documenting this through a fault filing can strengthen the property division argument under the Ruff-Fischer factors

But even in these cases, most family law practitioners recommend filing no-fault and raising misconduct as a factor during property division or custody proceedings rather than making it the basis for the divorce itself.

The Bottom Line

File under irreconcilable differences unless you have a specific strategic reason not to and the resources to litigate a fault-based case. The North Dakota Divorce Filing Process Guide covers the no-fault filing path in detail, including the exact Complaint language and how grounds interact with the Ruff-Fischer property division framework.

See more North Dakota guides →