What is “No-Fault” Divorce in North Dakota?

Couple sitting at table with divorce document

Divorce can be overwhelming and legally complex. “No-fault,” in the divorce context, refers to the grounds for the divorce. In these cases, simply showing that there are “irreconcilable differences” is enough to be granted a divorce. 

Under North Dakota’s no-fault divorce laws, it is not necessary to prove that either spouse is to blame for the end of the marriage. In fact, the Court typically is minimally concerned with the reasons for the divorce on either spouse’s part.  A spouse also does not need the other’s consent or agreement to divorce. The filing spouse only needs to allege that there are “irreconcilable differences” that make it impossible for the marriage to continue. . You also don’t need to provide details to the judge as to why your marriage has broken down and you can no longer live with your spouse. 

No-fault grounds are typically the easiest way to get a divorce. It can, for example,  eliminate the need to make cheating accusations or allege other fault grounds at the outset of what can be a long, stressful divorce process. Eliminating the need to prove “fault” simply to obtain a divorce, can set the stage for the couple to reach agreement on other issues. However, it’s important to understand that “no-fault” divorce does not mean “uncontested” or “conflict free.”  It can still be contested and high conflict if spouses cannot agree on property division, alimony, child support, and child custody — even if both agree there are irreconcilable differences. 

What are Irreconcilable Differences?

Under North Dakota’s no-fault divorce laws, irreconcilable differences are defined as “those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.” In other words, these are fundamental differences between spouses that make it impossible for them to remain married. Although the specific details for the breakdown do not need to be disclosed to the court, irreconcilable differences can cover a broad scope of marital problems, including: 

  • The inability of the spouses to communicate effectively
  • Incompatible beliefs or views
  • Disagreements over life priorities
  • Loss of physical or emotional intimacy
  • Infidelity or loss of trust
  • Financial disputes or disagreements over financial priorities
  • Substantial conflicts related to parenting matters 

Even if your spouse believes the marital issues can be resolved, if you do not, you can still obtain a no-fault divorce in North Dakota.  

What are Fault-Based Grounds for Divorce?

There are six fault-based grounds for divorce in the state. These include the following: 

  • Adultery — Adultery is defined as voluntary sexual intercourse with a person other than the offender’s spouse.
  • Extreme cruelty — Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon a spouse.
  • Willful desertion — North Dakota defines willful desertion as the voluntary separation of one of the spouses with the intention to desert.
  • Willful neglect — Willful neglect is the failure of either spouse to provide the basic requirements of life when they have the ability to do so, or when they fail to provide due to idle or wasteful behavior.
  • Alcohol or substance abuse — Alcohol or substance abuse can be a fault-based ground for divorce in North Dakota if the spouse’s degree of use prevents them from attending to business or would reasonably inflict a great amount of mental anguish upon the innocent spouse.
  • Felony conviction — If a spouse is convicted of a felony, it is grounds for divorce. 

A fault-based divorce can make a divorce more complex and costly.  Furthermore, they add a layer of complexity onto the case that isn’t necessary.  “Fault” can still come into play in a divorce even if “no-fault” grounds (i.e., irreconcilable differences) are used.  For instance, if a spouse’s adultery or financial misconduct adversely impacted the marital estate, the innocent spouse may argue for a larger share of the marital property or a greater amount of alimony. They can also be used to demonstrate a pattern of negative behavior to influence the outcome of a child custody dispute.  However, proving these facts simply to obtain the divorce itself is often unnecessary.  

Contact an Experienced North Dakota Divorce and Family Law Attorney

Filing under North Dakota’s no-fault divorce laws can simplify the divorce process. It is important to have a skillful divorce attorney by your side who can help navigate the processAt Fremstad Law, we are committed to providing trusted representation for divorce and a wide range of family law matters. contact us online or by calling (701) 401-9423.