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Answering a Motion for a Default Divorce Judgment – Informational Guide

Don’t Ignore the Motion for Default Divorce Judgment!

You have a 14 or 17 calendar day deadline to respond. If you don’t answer the motion in writing, the judge is allowed to grant the Plaintiff spouse a default divorce judgment without your input.

Overview of Answering a Motion for Default Divorce Judgment

The Plaintiff spouse in a divorce case may make a motion for a default divorce judgment when they can prove that the Defendant spouse was served the Summons and Complaint for divorce and the Defendant didn't answer in writing within 21 days after service.

(For more information about answering a summons and complaint for divorce, go to Answer or Respond to a Divorce Complaint – for Defendant.)

The Plaintiff must prove the following, in writing, in their motion for default divorce judgment:

  1. The Defendant was served the Summons and Complaint for divorce as required by Rule 4 of the North Dakota Rules of Civil Procedure;
  2. At least 21 days have passed since the day after the Defendant was served the Summons and Complaint, and the Defendant didn’t respond in writing;
  3. The North Dakota State District Court has the authority (jurisdiction) to grant the Plaintiff a divorce; and
  4. The Plaintiff provided all other necessary information and proof to the District Court judge.

The Defendant has 14 or 17 calendar days to oppose the Plaintiff’s motion in writing. The way the Defendant opposes the Plaintiff’s motion is by serving and filing a written Answer to Motion for Default Divorce Judgment.

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.

ND Legal Self Help Center staff and court employees are not allowed to give legal advice and can't help you create legal documents or complete any forms. If you are unsure how to proceed, consult a lawyer.

Answer a Motion for Default Divorce Judgment – Informational Guide

Forms Required for All Defendants:

Forms Required for All Defendants With Children:

Form Defendants With Children May Need:

Forms Required for All Defendants Without Children:

Form Defendants Without Children May Need:

Other Resources

Following are other resources related to answering a default divorce judgment motion that may be of interest.

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 is 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 please contact the clerk of court for the county.