Residency Requirements:
In order to file for divorce in South Dakota, the filing spouse must
have been a resident for at least 6 months before filing for a divorce.
If the defendant is not a resident, the divorce may be filed for in
any county that the plaintiff designates in the complaint.
[North Dakota Century Code; Volume 3A, Chapters 14-05-17 and 28-04-05].
Legal Separation:
The grounds for legal separation are the same as for divorce.
1. irreconcilable differences;
2. adultery;
3. confinement for incurable insanity for a period of 5 years;
(4) conviction of a felony;
(5) willful desertion;
(6) cruel and inhuman treatment;
(7) willful neglect;
(8) habitual intemperance (drunkenness).
[North Dakota Century Code; Volume 3A, Chapters 14-06-01].
General Divorce Procedure:
Separation agreements are specifically authorized by statute.
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Grounds for North Dakota Divorce:
No-fault:
Irreconcilable differences is recognized as the
no-fault ground for divorce in North Dakota.
Fault-based:
Fault-based grounds include adultery, confinement for 5 years
because of permanent insanity, conviction of a felony, willful
desertion, cruel and inhuman treatment, willful neglect,
and drunkenness. [Chapter 14-05-03].
Where to file for divorce:
In North Dakota, an action for dissolution of marriage may be brought
in the county in which the defendant resides at the time of the
beginning of the action. Otherwise file in any county that plaintiff
designates.
Mediation or Counseling:
If child custody is at issue, the court may order the parents to
submit to mediation. [North Dakota Century Code; Volume 3A,
Chapter 14-09.1-02].
Title of Divorce action:
Complaint for Divorce.
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