North Dakota Divorce Filing Fee: 2026 Costs and Fee Waivers
If you're researching North Dakota divorce costs, watch the date on whatever you're reading. For nearly three decades the filing fee sat at $80. On July 1, 2025, under N.D.C.C. § 27-05.2-03, the state doubled it to $160 — and a lot of older blog posts, and even some paid document-preparation services, still quote the outdated $80 figure.
Current Filing Fees
| Fee | Amount | Who Pays |
|---|---|---|
| District Court filing fee | $160 | Plaintiff, at filing |
| Defendant's Answer fee | $100 | Defendant, when filing a response |
| Post-decree motion fee | $160 | Whoever files the modification motion |
Other Costs You'll Likely Hit
Filing fees are just the court's cut. Depending on your case, expect some combination of:
| Cost | Typical Range |
|---|---|
| Sheriff service of process | $50–$75 |
| Mandatory parenting class (if children involved) | $35–$75 per parent |
| Court-funded parenting mediation (custody disputes only) | Free, up to 6 hours |
| Private financial mediation (property/debt disputes) | $150–$300 per hour |
| Guardian ad litem (contested custody) | $1,500–$5,000 |
| Full-service attorney retainer | $2,500–$5,000+ |
Note that the court-funded mediation program covers parenting disputes only — it does not extend to property, debt, or spousal support disagreements. If you're stuck on how to split real estate or vehicles but agree on the kids, you'll need private mediation or negotiation to resolve the financial side.
How to Get a Fee Waiver
If the $160 filing fee (or the $100 answer fee) isn't affordable, North Dakota's indigency waiver process under N.D.C.C. § 27-01-07 requires three documents:
- Petition for Waiver of Filing Fees (Form 1) — the formal request.
- Financial Declaration in Support of Petition for Waiver of Filing Fees (Form 2) — a sworn, detailed accounting of household income, cash assets, liabilities, and monthly expenses, submitted under penalty of perjury.
- Proposed Order Waiving Filing Fees (Form 3) — the order a judge or judicial referee signs if the petition is approved.
Eligibility generally tracks 125% of the Federal Poverty Guidelines, though the judge makes the final call based on the Financial Declaration. If the petition is denied, you have to pay the $160 immediately — the clerk will not accept the filing without either the fee or an approved waiver.
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Why the Fee Increase Matters for Self-Represented Filers
A doubled filing fee combined with a $100 answer fee and $50-75 in service costs pushes total court costs for even a simple, uncontested North Dakota divorce past $300 before any attorney, mediator, or document-prep service gets involved. For litigants who don't qualify for a fee waiver but also don't want to pay a $2,500+ retainer, that gap is exactly where a self-directed, forms-plus-process approach makes the most financial sense.
The North Dakota Divorce Filing Process Guide includes the fee waiver paperwork walkthrough and a full cost breakdown by scenario, so you know what you're actually budgeting for before you file.
Get Your Free North Dakota — Divorce Filing Quick-Start Checklist
Download the North Dakota — Divorce Filing Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.