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To obtain a divorce or marital dissolution in North Dakota or Minnesota, one of the parties seeking it must have been a resident for six months before commencing the case.
Both states recognize no-fault divorce involving “irreconcilable differences” or an “irretrievable breakdown” of the marital relationship. North Dakota also recognizes at-fault divorce in cases of adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, or a felony conviction
When it comes to custody and parenting time, North Dakota and Minnesota laws may differ in details, but family court systems in both states recognize child’s best interests as the guiding principle.
Property division issues in both North Dakota and Minnesota divorces can be complex. A family court in North Dakota will consider unique factors when determining whether nonmarital property will be divided. In Minnesota, all property obtained during a marriage is presumed to be marital, whereas nonmarital property is recognized as separate.
