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Answer or Respond to a Divorce Complaint (Defendant)

Don’t ignore the Summons and Complaint for Divorce!

You only have 21 days to respond. If you don’t answer the summons and complaint in writing, the judge is allowed to grant the Plaintiff spouse a default divorce judgment without your input.

If you missed your 21 day deadline and the Plaintiff made a motion for a default divorce judgment, go to Answer to Motion for Default Judgment – for Defendant for information and forms to help you answer the motion.

If you have any doubts about whether it’s proper for your spouse to serve you divorce papers in North Dakota, consult a lawyer immediately.

Overview

The information and forms on this page are for spouses who were served a Summons and Complaint for divorce.

One spouse, the Plaintiff, may start the divorce by arranging to serve a Summons and Complaint for divorce on the other spouse, the Defendant. In North Dakota, serving the summons and complaint starts the divorce. Filing the summons and complaint doesn’t start the divorce.

Why Doesn’t the Summons or the Complaint Have a Case Number?

A case number is only assigned by the Clerk of Court after the divorce summons and complaint are filed. The summons and complaint can’t be filed until copies are served on the Defendant.

In fact, Clerks of Court can’t accept a summons and complaint for filing without proof copies were already served on the Defendant spouse.

How Do I Know the Summons and Complaint are Valid (Real)?

If the Summons is signed and dated by a lawyer, to be valid the lawyer must be currently licensed to practice law in North Dakota. You can check if that lawyer is allowed to sign the summons by going to the lawyer search on the North Dakota Court System website. Enter the Bar ID number or the lawyer’s name.

If the Summons is signed by the Plaintiff because the Plaintiff isn’t represented by a lawyer, to be valid the summons must be signed by a clerk of court or deputy clerk of court. If the summons is signed by just the Plaintiff, the summons isn’t valid. 

Step 1: Calculate the Deadline for Serving Your Answer and Counterclaim

The first step to answer a summons and complaint for divorce is to calculate your deadline for serving your answer on the Plaintiff spouse.

You must serve a copy of your written answer on the Plaintiff within 21 days after the day you were served the summons and complaint.

How to Calculate your Deadline:

  • Don’t include the day you were served the summons and complaint for divorce.
  • Count every calendar day, including Saturdays, Sundays, and North Dakota state holidays.
  • Include the last day of the deadline, but if the last day falls on a Saturday, Sunday, or North Dakota state holiday, the deadline continues to run until the end of the next day that isn’t a Saturday, Sunday, or North Dakota state holiday.
    • For example, if the last day of the 21 day deadline lands on a Sunday, the deadline extends until the end of the next day, which is Monday. 

Step 2: Fill out the Forms to Answer a Summons and Complaint for Divorce

The second step to answer a summons and complaint for divorce is to prepare two required documents:

  • The Answer & Counterclaim is the written response by the Defendant spouse to the Complaint. The Answer must also state defenses to each of the claims in short, plain statements. The Counterclaim is the Defendant’s written demand to the court for judgment granting the relief you’re seeking.
  • The Confidential Information Form lists the full confidential information that isn’t allowed to appear in other documents filed with the court. This form is part of the court’s divorce record, but this form isn’t seen by the public.

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.

Forms are available only for divorces involving common and uncomplicated circumstances. The following forms won’t work for every divorce. If the following forms don’t work for your situation, you need to create your own legal documents, or retain a lawyer to create the documents for you.

You may use the Center’s forms as templates to create your own legal documents. You may also find the General-Use forms in the District Court Civil Action Section of this webpage useful as a starting point for creating your own legal documents.

Forms to Answer a Summons and Complaint With Children – Read the Instructions First!

Forms to Answer a Summons and Complaint Without Children – Read the Instructions First!

Step 3: Arrange to Serve the Answer and Counterclaim on the Plaintiff

Service is providing copies of your completed Answer & Counterclaim to your spouse, the Plaintiff. The court doesn’t serve the documents for you.

The court won’t file your Answer & Counterclaim until you have proof of service. A Declaration of Service by Mail gives the court proof of service.

Review the service instructions and forms carefully. If you have questions, retain a lawyer to help you.

(Service by mail is a common way to serve an answer to a summons and complaint. However, there are other ways to serve your documents. To the review other service options, go to Service Instructions and Forms.)

Service by Mail:

Notice of Filing:

Steps You Must Take Before the Court Can Grant a Divorce

You, the Defendant, need to take more steps to get a divorce. There are multiple tasks to complete and deadlines to meet.

Your first step is to meet with your spouse to prepare a joint informational statement and a preliminary property and debt listing. You have 30 days after you’re served the summons and complaint to meet and prepare the informational statement.

Go to Steps You Must Take Before the Court Can Grant a Divorce (Divorce Case Management) for instructions, forms, and other information.

If you don’t understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer.

The information provided on and obtained from this site doesn’t constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it’s being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn’t liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed, contact the clerk of court for the county.