Filing for Divorce Online in North Dakota
In North Dakota, the process of divorce, also known as dissolution of marriage, is governed by the North Dakota Century Code (N.D.C.C.) Title 14, Domestic Relations and Persons. While the state does not currently offer a fully online process for filing for divorce, certain aspects of the process can be completed digitally.
Initial Filing Process
The initial step in filing for divorce in North Dakota involves completing the necessary legal forms. These forms can be found online on the North Dakota Courts website. The specific forms required may vary depending on whether the divorce is contested or uncontested, and whether there are minor children involved.
According to N.D.C.C. 14-05-22, the plaintiff (the person initiating the divorce) must complete a Summons and a Complaint for Divorce. The Summons informs the defendant (the other spouse) of the divorce action and the requirement to respond within 21 days. The Complaint for Divorce outlines the grounds for divorce and any relief sought, such as division of property, child custody, or spousal support.
Electronic Filing
While North Dakota does not currently offer a fully online divorce filing process, the state does have an electronic filing system known as File & Serve. This system allows attorneys and self-represented litigants to file documents electronically with the court. However, it’s important to note that not all counties in North Dakota participate in the File & Serve system. Therefore, it’s crucial to check with your local court clerk’s office to determine if electronic filing is an option in your county.
Service of Process
Once the initial divorce papers have been filed, they must be served on the defendant. This process, known as service of process, cannot be completed online. According to North Dakota Rules of Court, Rule 4, service must be made by delivering a copy of the summons and complaint to the defendant personally, or by leaving the documents at the defendant’s dwelling or usual place of abode with someone of suitable age and discretion.
Additional Considerations
While some aspects of the divorce process can be completed online, it’s important to remember that divorce is a complex legal process that can have significant implications for your financial and personal life. Therefore, it’s often advisable to consult with a legal professional before proceeding.
In addition, if the divorce involves minor children, additional rules and procedures apply. For example, N.D.C.C. 14-09-09.26 requires that the State of North Dakota be added as a real party in interest in any action involving child support. This requirement is reflected in the informational statement form provided in the appendix.
In conclusion, while you cannot file for divorce entirely online in North Dakota, certain aspects of the process can be completed digitally. However, due to the complexity of divorce proceedings, it’s often advisable to seek legal counsel.