Motion for a Default Divorce Judgment – Informational Guide
Overview
This Informational Guide provides a basic, step-by-step guide for making a motion for a 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 didn't answer within 21 days after service.
This Guide includes an Appendix of formatting examples of documents commonly required to make a motion for a 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.
IMPORTANT: ND Legal Self Help Center staff and court employees aren’t allowed to give legal advice and can’t help you create legal documents or complete any forms. If you’re unsure how to proceed, consult an attorney.
Motion for Default Divorce Judgment – Informational Guide
Appendix of Formatting Examples:
Documents ALL Moving Parties Will Need:
- 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: Affidavit of Default, Identification and Active Military Status
- MP6: Confidential Division of Property & Debts & Values (Rule 8.3, N.D.R.O.C.)
- MP7: Confidential Information Form
Documents Moving Parties WITH Children Will Need:
- MP5a: Affidavit of Proof for Default Divorce Judgment (With Children)
- MP8a: Findings of Fact, Conclusions of Law, Order for Judgment (With Children)
- MP9a: Judgment (With Children)
Documents Moving Parties WITHOUT Children Will Need:
- MP5b: Affidavit of Proof for Default Divorce Judgment (No Children)
- MP8b: Findings of Fact, Conclusions of Law & Order for Judgment (No Children)
- MP9b: Judgment (No Children)
Other Resources
Following are other resources related to default divorce judgment motions that may be of interest.
- Answer to Motion for Default Divorce Judgment
- 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.
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