Legal Separation
Overview
Legal separation is a civil court process with requirements that are very similar to the requirements for granting a divorce.
Unlike a divorce, a legal separation does not end the marriage. Legally separated spouses cannot remarry. However, a legal separation ends many of the legal responsibilities spouses have to each other, while they are married.
A North Dakota State District Court may grant a legal separation, even if neither spouse was married in North Dakota.
Residency Requirement for Legal Separation
The spouse starting the legal separation, also called the Plaintiff or Petitioner, must meet the residency requirement before a North Dakota State District Court can grant a legal separation.
The Plaintiff or Petitioner must have been a resident of North Dakota at least 6 months before starting the legal separation.
Or, the Plaintiff or Petitioner must have been a resident of North Dakota for 6 months immediately before the District Court grants the judgment of legal separation.
Informational Guide for Legal Separation
Forms are not available for every legal issue or circumstance. If you do not find the form on this website, the form is not available through the North Dakota Legal Self Help Center.
You may need to create legal documents yourself. The General-Use forms in the District Court Civil Action Section of this website may be used as a starting point for creating your own legal documents.
Legal Separation Informational Guide:
- Legal Separation for Plaintiff and Defendant
- Includes formatting examples of a variety of legal separation documents
Selected Statutes (Laws) & Rules
Following are legal research starting points related to legal separation. You may need to conduct additional legal research into your legal issue. See the Legal Research Section of this website.
- Chapter 14-05 of the North Dakota Century Code
- Chapter 14-09 of the North Dakota Century Code
- Chapter 14-14.1 of the North Dakota Century Code
- Rule 8.1 of the North Dakota Rules of Court
- Rule 8.2 of the North Dakota Rules of Court
- Rule 8.3 of the North Dakota Rules of Court
- Rule 8.4 of the North Dakota Rules of Court
- Rule 8.5 of the North Dakota Rules of Court
- The North Dakota Rules of Civil Procedure
Other Resources
Following are other resources related to legal separation proceedings that may be of interest.
If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.
The information provided on and obtained from this site does not 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 is not 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.