Steps You Must Take Before the Court Can Grant a Divorce (Divorce Case Management)

Overview

After service of the Summons and Complaint on the Defendant spouse, there are many steps before the District Court judge assigned to the divorce case can grant your divorce.

Divorce Case Management are the steps that start with service of the Summons and Complaint and end with a final divorce judgment.

Rule 8.3 of the North Dakota Rules of Court includes the Divorce Case Management rules that move your divorce case forward to settlement or to trial. Each spouse is responsible for meeting the requirements and deadlines of Rule 8.3.

Rule 8.3 isn’t the only Divorce Case Management rule or statute (law). Other court rules and North Dakota statutes (laws) are part of Divorce Case Management. Each spouse is responsible for meeting the requirements of Divorce Case Management court rules and statutes. The most common court rules and statutes are outlined below.

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 may not 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. 

Rule 8.3(a) Required Meeting to Prepare the Informational Statement (Informational Statement filed 37 days after service of Summons and Complaint)

Within 30 Days after service of the Summons and Complaint, the spouses must meet to prepare the joint Informational Statement and to begin a preliminary Property and Debt Listing.

At minimum, you must be prepared to exchange copies of current paystubs, employment and income information, tax returns, preliminary pension or retirement account information, and asset, debt, and expense documentation.

Within 7 Days after the required meeting, you must file the Summons, Complaint, and Informational Statement with the North Dakota State District Court.

If the Clerk of District Court accepts the Summons, Complaint, and Informational Statement for filing, the Clerk assigns a case number to your divorce case.

• Informational Statement (Rule 8.3 Appendix C)
• Notice of Filing

Rule 8.3(b) Scheduling Order (issued 30 days after Informational Statement filed)

Within 30 Days after your Informational Statement is accepted for filing, the judge assigned to your divorce case issues the scheduling order. The judge uses your Informational Statement to create their scheduling order.

Before issuing the scheduling order, the judge may require you to attend a scheduling conference. If the judge requires a scheduling conference, you get notice of the date, time and location.

The scheduling order may establish any or all of the following deadlines:

• Specific dates to finish discovery (gathering evidence) and other pretrial preparations;
• Specific dates for serving, filing, or hearing motions;
• Specific dates to finish mediation or alternative dispute resolution;
• Specific dates for the spouses to complete parent education or divorce education;
• A specific date for filing the property and debt listing;
• Specific dates to finish parenting evaluations;
• A specific date for spouses to be prepared for the pretrial conference;
• A specific date for spouses to be prepared for the trial;
• A specific date for identification of witnesses and documents; and
  • Witness & Exhibit List
• A specific date for spouses to submit their proposed parenting plans.

Rule 8.3(c) Pretrial Conference Statement (served and filed 14 days before Pretrial Conference)

If the spouses don’t reach a settlement on all issues in the divorce, your contested divorce eventually goes to trial. Issues on which you and your spouse don’t agree are decided by the judge.

At least 14 days before the date of the pre-trial conference, each spouse must prepare, serve, and file their own, separate Pretrial Conference Statement.

• Pretrial Conference Statement (Rule 8.3 Appendix D)
  
  • Exhibit A: Property & Debt Listing
  • Exhibit B: Itemized Monthly Expenses
  • Exhibit C: Proposed Parenting Plan 

Rule 8.3(c)(4) Joint Property and Debt Listing (file 14 Days before trial)

At least 14 days before your divorce trial date, you must file a joint property and debt listing.

Carefully review the Order you receive after your pretrial conference. If your Pretrial Order gives you a different deadline for filing the Joint Property and Debt Listing, follow the requirements of your Pretrial Order.

• Joint Property & Debt Listing (Rule 8.3 Appendix E)

Discovery (gathering evidence)

After service of the Summons and Complaint on the Defendant spouse, the spouses may begin the discovery process.

Discovery is a formal process where the spouses ask each other for information. The spouses may also ask non-parties for information.

The “Discovery Rules” are Rule 26 through Rule 37 of the North Dakota Rules of Civil Procedure.

For more information about discovery, go to the “Discovery” section in the Guide to a Civil Action, or Civil Case. 

Family Law Mediation Program (for disputed or unresolved parenting responsibilities)

Within 10 days of filing the Summons, Complaint and proof of service, your divorce case may be referred to the Family Law Mediation Program. The Family Law Mediation Program is for mediation of disputed or unresolved parental rights and responsibilities issues.

If your divorce case is referred to the Family Law Mediation Program, the program provides up to 6 hours of combined pre-mediation orientation and mediation at no cost to the spouses.

If your divorce case is referred to the Family Law Mediation Program, you receive an order and schedule for mediation. Read the order and schedule carefully, as you need to follow the requirements and meet the deadlines.

• Contested Child Proceedings Mediation (N.D.C.C. Chapter 14-09.1)
• Family Mediation Program (Rule 8.1 N.D.R.Ct.) 

Interim (Temporary) Orders (for orders effective until divorce is final)

After the Summons, Complaint and proof of service are accepted for filing by the Clerk of District Court, either spouse may make a motion for an interim, or temporary, order in your divorce case.

A motion for an interim order is a written request to the District Court judge asking for temporary resolution of any or all of the following:

• Payment of support (child support, spousal support);
• Temporary parental rights and responsibilities (custody, visitation, decision making, etc.);
• A parenting schedule for minor children;
• Payment of lawyer's fees and costs;
• The use of real or personal property; and/or
• For restraining and eviction orders related to property.

If the judge issues an interim order in your divorce case, the order lasts until the judge issues a different interim order, issues a final divorce judgment, or dismisses your divorce case.

• Interim Orders in Domestic Relations Cases (Rule 8.2 N.D.R.Ct.)

Motion for Interim (Temporary) Order Informational Guides are available for the spouse making the motion, and the spouse answering, or responding, to the motion. 

Appointment of Parenting Investigators, Parenting Coordinators, or Guardian Ad Litems

When one of the contested issues in a divorce is parenting rights and responsibilities, either spouse may make a motion in writing to the District Court judge to appoint a parenting investigator, a parenting coordinator, or a guardian ad litem. The other spouse answers the motion in writing to tell the judge if they agree or disagree and explain why.

Parenting Investigators investigate the child’s and family’s history and present situation. When the investigation is complete, they file a report with the judge.

The required qualifications and responsibilities of a Parenting Investigator are found in Rule 8.6 of the North Dakota Rules of Court.

The North Dakota Court System maintains a Parenting Investigator Roster.

Parenting Coordinators are neutral individuals authorized to use any dispute resolution process to resolve disputes between spouses related to a parenting plan or court order.

The required qualifications and responsibilities of a Parenting Coordinator are found in Rule 8.11 of the North Dakota Rules of Court.

The North Dakota Court System maintains a Parenting Coordinator Roster.

Guardian Ad Litems are lawyers appointed by the District Court judge to represent the best interests of the minor child in a divorce case. A judge may appoint a Guardian Ad Litem when either spouse, or the judge, have special concern for the future of the child.

The required qualifications and responsibilities of a Guardian Ad Litem are found in Rule 8.7 of the North Dakota Rules of Court.

The North Dakota Court System maintains a Guardian Ad Litem Roster. 

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.