Divorce

Deciding to end a marriage is never easy. At SW&L Attorneys, our experienced family law attorneys are here to guide you through the divorce process in both North Dakota and Minnesota. Whether you are considering divorce, ready to file, or responding to a divorce initiated by your spouse, we can answer your questions and advocate for your best interests every step of the way.

Starting the Divorce Process

The first step in a divorce is making the decision that you can no longer remain married. Once that decision is made, the next step is to determine whether you meet the legal requirements to file for divorce in your state. In North Dakota, at least one party must have been a resident for six months prior to filing. In Minnesota, at least one party must have lived in the state for at least 180 days before filing. Once you confirm eligibility, the divorce formally begins with two documents:

• Summons: Notifies your spouse that a divorce action has been started and sets the deadline to respond.
• Complaint (or Petition): Lists the grounds for divorce and outlines what you are seeking, including property division, child custody, support, and spousal maintenance.

These documents must be served on your spouse and then filed with the court. In regard to divorces, both North Dakota and Minnesota are “no-fault” states. This simply means that neither party is required to prove fault or grounds beyond a showing of the irretrievable breakdown of the marriage or irreconcilable differences. As such, if a person wants a divorce, they will be able to get one regardless of what the other party wants, by simply alleging that the parties cannot stay married to one another any longer. While fault is not required to obtain a divorce, it may still be considered when the court is dividing property and debts or determining whether to award spousal support (alimony).

What Happens After Filing

After the Summons and Complaint are filed, several things happen:

• A judge is assigned to your case.
• If children are involved, both parents will likely be required to complete a parenting education course.
• The court may schedule an initial case management conference (sometimes called a scheduling conference), during which deadlines and a potential trial date will be set.

From there, the case proceeds in one of two general directions: settlement or trial preparation.

Settlement vs. Trial
Attempting Settlement

Most divorce cases resolve without a trial. You and your spouse may negotiate directly or through your attorneys. If negotiations stall, a mediator (a neutral third party) may be brought in to help resolve outstanding issues. If you reach an agreement, a Stipulation (or "Marital Termination Agreement" in Minnesota) is drafted and filed with the court, along with other required documents. If the judge approves the agreement, a Judgment is entered typically without a court appearance. This Judgment becomes the enforceable order governing your divorce, including parenting arrangements, property division, and support obligations

Preparing for Trial

If settlement is not possible, your case will proceed to trial. Preparation typically includes:

• Discovery: Written questions (interrogatories), document requests, or requests for admission that must be answered under oath.
• Depositions: Oral testimony taken under oath in advance of trial.
• Exhibits and witness preparation: Organizing evidence and testimony to support your claims.

At trial, each party presents their case, and the judge makes decisions on all unresolved issues.

Timeline: How Long Does Divorce Take?

The length of a divorce varies depending on the complexity of the issues and whether the case settles or goes to trial.

Stipulated Divorce

In a straightforward, uncontested divorce, the process may take approximately 1–3 months, depending on:

• The number of assets and debts to divide
• Whether children are involved
• How quickly documents are drafted, signed, and submitted
• The court’s processing time

 

Contested Divorce

If a trial is necessary, a case can take 6 to 12 months or more. Delays may occur due to:

• How complex discovery process is
• The need for expert evaluations or reports
• Appraisals
• Scheduling conflicts between parties, attorneys, and the court
• High court caseloads

 

Divorce vs. Annulment

While divorce ends a valid marriage, an annulment declares that a marriage was never legally valid to begin with. Annulments are much less common and more difficult to obtain. To be granted an annulment in North Dakota, one of the following must be proven:

• A party was under the legal age of consent without proper approval
• A party was already married
• A party was of unsound mind and did not cohabitate after regaining sound mind
• Consent was obtained by fraud or force, and the parties did not cohabitate afterward
• A party was physically incapable of marriage, and the condition is incurable
• The marriage was between close blood relatives (incestuous)

 

Why You Should Hire an Attorney

Divorce involves sensitive legal, financial, and emotional issues. Whether you're seeking a swift resolution or preparing for a contested trial, having knowledgeable legal counsel ensures your rights are protected. Our attorneys can help with:

• Identifying and valuing marital and non-marital assets
• Navigating custody and parenting time disputes
• Understanding spousal support eligibility
• Preparing for mediation or trial
• Drafting clear, enforceable agreements

 

Contact SW&L Attorneys Today

Every situation is different. The right approach depends on your goals, your family’s needs, and the facts of your case. If you are considering divorce, have been served with divorce papers, or want to learn more about your rights, we’re here to help. Call our Fargo family law team at 701-297-2890.