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Legal Information: North Dakota

Divorce

Updated: 
December 28, 2023

What costs can I expect in a divorce?

In most situations, an uncontested divorce will be much cheaper than a contested divorce because the divorce is usually quicker and so there are less attorney’s fees to pay. However, in either situation, you will likely still have to pay court costs, like filing fees and serving the papers on your spouse. Check with the clerk of court in your county to find out current fees. If you cannot afford to pay the costs, you can try filing a “Petition for Order Waiving Fees and Financial Affidavit,”1 which is an application that you can file to ask the judge not to make you pay the court costs. A judge may or may not agree to waive the court costs. You may be able to get this petition from the clerk of court or from our ND Download Court Forms page.

If you hire a lawyer, you have to pay the attorney’s fees. Generally, attorneys will ask for what is called a retainer, which is a lot like a down-payment or a deposit - it’s money you pay your attorney up front to secure his/her services. Then you may have to pay your attorney an hourly rate, which is deducted from the retainer. For example, if you pay $5,000 as a retainer, and your lawyer charges $250 per hour, the first 20 hours are covered by the retainer; then you’d be billed additionally for any time spent on your case beyond the 20 hours. 

We especially recommend that you get a lawyer if your spouse has one. If you cannot afford an attorney, one of the free or low-cost legal resources on our ND Places that Help page may be able to help. Please note, however, that some legal services providers are unable to take contested divorce cases.

If you decide to represent yourself, it may be a good idea to have a lawyer at least look at your paperwork to make sure it is accurate and fair. You can find forms and additional information from the North Dakota Supreme Court Legal Self-Help Center website.

1 N.D.C.C. § 27-01-07