North Dakota divorce records are official legal documents that confirm the termination of a marriage within the state. These records include the original divorce certificate, the final court decree, property settlement agreements, child custody orders, and support arrangements. After 1949, all divorce decrees are archived by the North Dakota Department of Health’s Vital Records Division. The county clerk where the divorce was granted also keeps a copy. To get a certified copy, you must submit a notarized request, show a valid government-issued photo ID, and pay a fee between $5 and $15. For divorces before 1949, records are stored at the county courthouse, and many have been digitized by the State Historical Society for public use.
What Is Included in a North Dakota Divorce Record?
A North Dakota divorce record contains every document created during the legal end of a marriage. This includes the initial divorce petition, court motions, financial disclosures, the final judgment, and any post-decree modifications. The record also lists the names of both spouses, the date the divorce was filed, the court that handled the case, and the judge’s name. If children were involved, custody and support details are included. Property division, spousal support, and name changes are also part of the file. These records are considered public unless sealed by the court.
Certified copies are only issued by the county clerk where the divorce was finalized. The North Dakota Department of Health can help locate the correct county if you’re unsure. Records from 1949 onward are centralized, but older files remain with the original court. Researchers, lawyers, and family members often need these documents for legal, genealogical, or personal reasons.
Where to Find North Dakota Divorce Records
There are three main places to search for North Dakota divorce records: the county clerk’s office, the State Historical Society, and the Vital Records Division. For divorces after 1949, start with the Vital Records Division online portal. You can search by name, case number, or year. Certified copies cost $10, with $7 for fast shipping. For older records, visit the State Historical Society in Bismarck. They have microfilm and digital scans from 11 counties between 1911 and 1974. You can search their online index by the groom’s or bride’s last name.
Each entry shows the case number, filing date, and court. You can view images on-site for $2 per page. The society is open Monday to Friday from 8 a.m. to 5 p.m., and weekends by appointment. If you know the county, go directly to the clerk’s office. They provide PDF copies for $5 each and list all public filings, including docket numbers and dates. Sealed cases are marked and not available.
How to Request a Certified Copy
To get a certified copy of a North Dakota divorce record, you must contact the county clerk where the divorce was granted. You’ll need to fill out an application, provide a copy of your photo ID, and pay the fee. Fees vary: $8 in Burleigh County, $15 in Cass County. The Vital Records Division can help find the right county if you don’t know it. Call (701) 328-2360 or email the office. They’ll respond with the correct contact info.
Mail your request with a self-addressed stamped envelope if you can’t apply online. Processing takes 7–10 business days. For faster service, pay an extra $10. Only the county clerk can issue certified copies. The state does not provide them directly. Always include the case number if you have it. This speeds up the search.
Searching Online: Free and Paid Options
Several websites let you search North Dakota divorce records online. The official state portal allows free searches by name or case number. You can preview basic details before buying a copy. Third-party sites like State-Divorce-Records.com offer a 14-day free trial. After that, it’s $9.95 per document. These sites are convenient but may not have the most current data. Always verify results with the county clerk.
County Office portals show all public filings, including motions and responses. Each PDF costs $5. The system flags sealed cases. The North Dakota Supreme Court’s public access site also lists divorce cases. You can search by party name or docket number. Results show the judge, filing date, and case status. Payment is by credit card.
Divorce Records Before 1949
Divorce records before 1949 are not held by the state. They remain with the county where the case was filed. Many of these older records have been preserved by the State Historical Society. Their collection includes files from 11 counties between 1911 and 1974. Some are on microfilm; others are scanned. You can search their database by name.
To view a record, visit the State Museum in Bismarck. Staff can help interpret old terms like “alimony” or “separate maintenance.” Access is free for visitors. Remote users can request a temporary login. Email archivist@ndhistorical.org for details. The society is working to digitize more files, with a goal to complete the project by 2025.
Residency and Filing Requirements in North Dakota
To file for divorce in North Dakota, the petitioner must live in the state for at least six months. Proof includes a driver’s license, lease, or utility bill. The case is filed in the county where the petitioner lives. The filing fee is $125 to $150. If both parties agree and have no minor children, they can use a summary dissolution. This speeds up the process and reduces costs.
The respondent must be served with papers. If they don’t respond, the court may grant a default judgment. Most divorces take 30 to 90 days. Contested cases take longer. The court handles property, debt, custody, and support. All decisions are based on state law and the best interests of the children.
Understanding Legal Terms in Divorce Records
Divorce records use specific legal language. The “plaintiff” is the person who files. The “defendant” is the other spouse. The “decree” is the final court order. “Alimony” means spousal support. “Custody” refers to who the children live with. “Visitation” is time with the non-custodial parent. “Property settlement” divides assets and debts. Knowing these terms helps when reading old records.
Some older files may use outdated terms. For example, “divorce a mensa et thoro” means legal separation. “Divorce a vinculo matrimonii” means full divorce. The State Historical Society can explain these. Always ask for help if you’re unsure.
Accessing Records for Genealogy and Research
Many people search North Dakota divorce records for family history. The State Historical Society is a key resource. Their online index covers 1911 to 1974 for select counties. You can search by name and see case numbers and dates. On-site visits let you view original documents. This is helpful for tracing ancestors or verifying family stories.
Genealogists should also check county courthouses. Some have digitized their archives. Others keep paper files. Call ahead to confirm hours and access rules. The Vital Records Division can point you to the right location. Always bring ID and be ready to pay small fees.
Common Challenges and How to Solve Them
One common issue is not knowing the county where the divorce happened. The Vital Records Division can search the statewide index. Provide both names and an approximate year. They’ll tell you which county to contact. Another problem is misspelled names. Try different spellings or use partial names in searches.
Some records are sealed due to privacy or court orders. These are not public. You’ll see a note in the system. If you believe you have a right to access, contact a lawyer. Expunged cases are removed entirely. They won’t appear in any search.
Fees and Processing Times
Fees for North Dakota divorce records vary. County clerks charge $5 to $15 per copy. The Vital Records Division charges $10. Expedited shipping is $7. Historical copies cost $2 per page at the State Museum. Online third-party sites charge $9.95 to $15 per document. Always check for hidden fees.
Processing times depend on the method. Online orders take 1–3 days. Mail requests take 7–10 days. In-person visits are instant. For older records, allow extra time for retrieval. The state aims to digitize all files by 2025, which may speed up access.
Official Resources and Contact Information
For certified copies, contact the county clerk where the divorce was granted. For help finding the county, call the North Dakota Department of Health at (701) 328-2360. Email inquiries can be sent to the protected address on their website. The State Historical Society is at 612 E Boulevard Ave, Bismarck, ND 58505. Their phone is (701) 328-2091.
Visit the State Museum Monday to Friday, 8 a.m. to 5 p.m., or weekends by appointment. The Vital Records Division is at 600 E Boulevard Ave, Dept. 301, Bismarck, ND 58505. Hours are 8 a.m. to 5 p.m. weekdays. All offices accept phone, email, and mail requests.
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Frequently Asked Questions
Many people have similar questions about North Dakota divorce records. Below are the most common ones, with clear, direct answers based on current state policies and procedures.
Can I get a divorce record if I don’t know the county?
Yes. The North Dakota Department of Health’s Vital Records Division can search the statewide index using the names of the spouses and an approximate year. They will identify the correct county and provide contact information. You must then submit your request directly to that county clerk with proper ID and payment. This service is free, but the county will charge its standard fee for the copy. Processing may take longer if the record is old or stored off-site.
Are divorce records public in North Dakota?
Yes, most divorce records are public. Anyone can request a copy unless the case was sealed by the court. Sealed records are not accessible to the general public. The online search systems flag these cases. If a record is sealed, you’ll see a note but won’t be able to view or download it. Only parties involved or their legal representatives may access sealed files with court permission.
How long does it take to get a divorce record?
Processing time depends on how you apply. Online requests through the Vital Records portal are fastest, usually 1–3 business days. Mail-in requests take 7–10 days. In-person visits to the county clerk or State Historical Society provide immediate access. For older records stored off-site, allow up to 12 business days. Expedited service is available for an extra $10.
Can I search divorce records for free?
Yes, you can search for free using the State Historical Society’s online index or the North Dakota courts’ public access portal. These tools let you find case numbers, names, and dates at no cost. However, viewing or downloading full documents requires payment. Third-party sites may offer free trials, but charges apply after the trial ends.
What if the names are spelled wrong on the record?
Try searching with common misspellings or partial names. If you can’t find the record, contact the county clerk or Vital Records Division. Provide as much info as possible, such as approximate year, spouse’s name, or case number. Staff can often locate the file even with name variations. Certified copies will show the official spelling as filed in court.
Do I need a lawyer to get a divorce record?
No. Anyone can request a divorce record without a lawyer. You only need to follow the correct procedure: identify the county, submit a request, show ID, and pay the fee. Lawyers may be needed if the record is sealed or if you’re using it for legal action. For standard requests, no legal representation is required.
Are online divorce record sites reliable?
Some are, but always verify with an official source. Third-party sites may have outdated or incomplete data. The most reliable method is to use the county clerk, State Historical Society, or Vital Records Division. These offices provide accurate, up-to-date records. If you use a third-party site, cross-check the info with a government portal.