Motion for a Default Divorce Judgment

Overview of Making a Motion for a Default Divorce Judgment

A motion for a default divorce judgment is a written set of documents that asks the District Court judge to grant the Plaintiff a divorce because the Defendant missed the 21 day deadline to answer the Summons and Complaint in writing.

The Plaintiff must prove the following, in writing, in their motion documents:

1. The Defendant was served the Summons and Complaint as required by Rule 4 of the North Dakota Rules of Civil Procedure;
2. 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 start of the 21 day deadline depends on the date the Defendant was served the Summons and Complaint. See Step 2 at Start a Divorce on Your Own (Plaintiff) for service instructions and forms.

• Personal Service by Sheriff or Person 18 Years of Older and Not Interested in the Divorce Case: If the Plaintiff arranged to have the Defendant served the Summons and Complaint by a sheriff or other non-interested adult, the Defendant is served on the date they were given the Summons and Complaint.
• Service by Certified Mail, Return Receipt Requested (Restricted Delivery): If the Plaintiff arranged to have the Defendant served the Summons and Complaint by certified mail, return receipt requested, the Defendant is served on the date the green card receipt shows actual delivery.
• Service by Publication in the Newspaper: If the Plaintiff arranged to have the Defendant served the Summons by publication, the Defendant is served 15 days after the first date the Summons was published in the newspaper.

Count forward 21 days starting the day after the Defendant was served. The Defendant’s 21 day deadline is calculated in calendar days. Include weekdays, Saturdays, Sundays, and North Dakota state holidays.

1. On the calendar, go to the date the Defendant was served.
2. Starting the day after the date the Defendant was served, count ahead 21 calendar days.

If the 21^st calendar day lands on a Saturday, Sunday, or North Dakota state holiday, move ahead to the next calendar day that isn’t a Saturday, Sunday, or North Dakota state holiday.

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.

Instructions for Motion for Default Divorce Judgment – Read these instructions first!

Forms Required for ALL Plaintiffs:

• MP1: Notice of Motion for Default Divorce Judgment
• MP2: Motion for Default Divorce Judgment
• MP3: Brief in Support of Motion for Default Divorce Judgment
• MP4: Declaration of Default, Identification, and Active Military Status
• MP8: Exhibit A: Confidential Division of Property & Debt & Values

Form Plaintiffs MAY Need:

• Summary Real Estate Disposition Judgment

Forms Required for Plaintiffs WITH Children:

• MP5a: Declaration of Proof (With Children)
• MP6a: Findings of Fact, Conclusions of Law, Order for Judgment (With Children)
• MP7a: Judgment (With Children)
• MP9: Exhibit B: Parenting Plan (With Children)
• MP10a: Confidential Information Form (With Children)
• MP11a: Declaration of Service by Mail (With Children)

Forms Required for Plaintiffs WITHOUT Children:

• MP5b: Declaration of Proof (No Children)
• MP6b: Findings of Fact, Conclusions of Law, Order for Judgment (No Children)
• MP7b: Judgment (No Children)
• MP10b: Confidential Information Form (No Children)
• MP11b: Declaration of Service by Mail (No Children)

Forms Required if the Judge Grants a Default Divorce Judgment:

• MP12 & MP13: Notice of Entry of Default Divorce Judgment & Declaration of Service by Mail

Other Resources

Following are other resources related to default divorce judgment motions that may be of interest.

• Answer to Motion for Default Divorce Judgment
• Steps You Must Take Before the Court Can Grant a Divorce (Divorce Case Management)
• Filing Fee Waiver Request
• Service Instructions and Forms

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 for help.

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.