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Filing for Divorce Together – With Children

IMPORTANT: ND Legal Self Help Center staff and court employees and aren't allowed to give legal advice and can't help you complete these forms. If you're unsure how to proceed, consult an attorney.

The following 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 the following forms. Use at your own risk.

To protect your rights, carefully read this information and all instructions to which you're referred.

You may only use these forms if ALL seven of the following statements are true.

  1. You and your spouse are currently in comunication with each other.
  2. You and your spouse agree on all issues. Both spouses must date and sign Forms 3, 4 & 5 below
  3. One of the spouses has lived in North Dakota for the past six months.
  4. All of the minor children have lived in North Dakota with a spouse for at least the past 6 months (or since birth); *OR* Within the past 6 months, North Dakota was the home state of all of the children and one spouse still lives in North Dakota.
  5. This is the only legal action in North Dakota, any other state, or tribe between you and your spouse regarding the marriage or your minor children.
  6. Neither you nor your spouse are currently in the military; *OR* one or both spouses are currently in the military but not deploying or deployed.
  7. There is no domestic violence protection order or disorderly conduct restraining order in effect regarding either spouse.

You MUST complete Forms 1 through 10 BEFORE you attempt to file your divorce with the Court.  You’ll complete Form 11 only if the Court grants your divorce.

BEFORE you begin, review Form 3, Form 4 and Form 5. Forms 3, 4 and 5 make up the full written agreement for your divorce.  If you and your spouse can reach an agreement of every paragraph, continue.  If not, you can't use this forms set.

  • Instructions Read before completing any forms
  • Form 1 Summons
  • Form 2 Complaint
  • Form 3 Settlement Agreement
  • Form 4 Confidential Property and Debt Listing
  • Form 5 Exhibit B: Parenting Plan
  • Form 6 Confidential Information Form
  • Form 7 Admission of Service
  • Form 8 Affidavit of Proof
  • Form 9 Findings of Fact, Conclusions of Law and Order for Judgment (Proposed)
  • Form 10 Judgment (Proposed)
  • Form 11 Notice of Entry of Judgment

If you prefer to hand write the forms in black ink, you can print out all of the forms and instructions at once by clicking on the following links:

Child Support Calculator

You MUST calculate your child support amount, unless a North Dakota state district court, or an out of state court or tribal court has already ordered child support.

Following is the link to the Child Support Calculator.  The Child Support Calculator is maintained and supported by the Child Support Division of the North Dakota Department of Human Services.  The Child Support Division may be able to provide some assistance with your child support calculations.

If you file this packet of forms without completing the child support calculations, the court will either require you to complete the calculations, or dismiss your divorce case entirely.

If you don’t want to establish child support at this time, OR if you and your spouse have agreed to a different child support amount than the child support calculator shows, you can’t use this packet of forms.

You may be able to apply for services with North Dakota Child Support. If your application for full services is approved by North Dakota Child Support, they can help to establish an order for child support and medical support in a separate child support case.

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 please contact the clerk of court for the county.