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Legal Separation in North Dakota: Grounds, Residency and Effects

Independently fact-checkedBy Recording Law Editorial Team7 min read

Independently fact-checked against primary sources (last audited October 8, 2026). · 3 primary sources cited on this page. How we verify our legal content

Legal Separation in North Dakota: Grounds, Residency and Effects

North Dakota allows legal separation. Under N.D.C.C. 14-05-03.1, "The court may grant a temporary or permanent decree of separation for any cause for which a divorce may be decreed." The spouses stay married, but the decree can settle support, property and debts, and either spouse can later ask the court to turn it into a divorce under N.D.C.C. 14-05-29.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers court-decreed legal separation under N.D.C.C. chapter 14-05, mainly sections 14-05-03.1, 14-05-17 and 14-05-26 to 14-05-29. It does not cover inheritance or retirement-benefit effects of a separation decree, tax or insurance consequences, North Dakota case law, or other states' law. For divorce, see North Dakota divorce laws.

Yes. The statute uses the term "decree of separation," and the court system's Legal Self Help Center calls the case a legal separation. N.D.C.C. 14-05-03.1 lets the court grant either a temporary or a permanent decree.

A separation does not end the marriage. N.D.C.C. 14-05-01 provides that a marriage "is dissolved only: 1. By the death of one of the parties; or 2. By a judgment of a court of competent jurisdiction decreeing a divorce of the parties." The court system's materials state that legally separated spouses cannot remarry.

A separation can be granted "for any cause for which a divorce may be decreed" (N.D.C.C. 14-05-03.1). The divorce causes in N.D.C.C. 14-05-03 are:

  1. Adultery.
  2. Extreme cruelty.
  3. Willful desertion.
  4. Willful neglect.
  5. Abuse of alcohol or controlled substances.
  6. Conviction of a felony.
  7. Irreconcilable differences.

N.D.C.C. 14-05-09.1 defines irreconcilable differences as "those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved."

Residency requirement

The six-month residency rule covers separation and divorce alike. N.D.C.C. 14-05-17 provides: "A separation or divorce may not be granted unless the plaintiff in good faith has been a resident of the state for six months next preceding commencement of the action." The section also allows the six months to be the six months immediately before the decree is entered.

What a separation decree can include

N.D.C.C. 14-05-27 sets out the main financial terms:

North Dakota: a wooden gavel on a sound block on a plain desk in window light

"Upon the granting of a separation, the court may include in the decree an order requiring a party to pay for spousal support and for the support of any minor children of the parties. Subject to section 14-05-24, the decree may also provide for the equitable division of the property and debts of the parties."

Section 14-05-24 is North Dakota's equitable-distribution statute. For how spousal support is set, see North Dakota alimony laws.

Other provisions also touch separation cases:

  • Parenting. The court system's legal separation guide says the separation judgment may include residential responsibility (custody) and parenting time. Section 14-05-22 is worded for "an action for divorce," and 14-05-29 provides for orders about minor children when a separation decree is revoked. See North Dakota child custody laws.
  • While the case is pending. N.D.C.C. 14-05-23 addresses temporary support, attorney's fees and parental rights while an action for separation or divorce is pending.
  • Length of the marriage. For spousal support, N.D.C.C. 14-05-24.1(1) measures the length of the marriage up to service of the summons in an action for legal separation or divorce.

What changes after the decree

N.D.C.C. 14-05-28 describes the legal effect:

"The decree of separation confers upon the parties all the rights of property, business, and contracts as if unmarried and releases both parties from all obligations of maintenance, except as may be required by the decree."

So after the decree, support duties between the spouses are whatever the decree orders. This page does not cover how a separation decree affects inheritance, a surviving spouse's rights, retirement plans or health insurance; ask a North Dakota lawyer before relying on a decree for those purposes.

Either party may apply to revoke the separation decree under N.D.C.C. 14-05-29, on 10 to 20 days' notice. At the hearing:

North Dakota: a wall calendar with a span of weeks marked with a pencil line

"If it appears to the court at the hearing of the application that reconciliation between the parties to the marriage is improbable, the court shall revoke the separation decree and, in lieu of that decree, shall render a decree divorcing the parties."

When it does, the court divides property if that was not done before and makes provisions for the children. Section 14-05-29 does not state a minimum period the spouses must be separated before applying. Living apart under a separation decree is not one of the seven divorce causes in 14-05-03; the conversion route is the revocation procedure in 14-05-29.

Separate maintenance when a divorce is denied

A related remedy exists inside a divorce case. Under N.D.C.C. 14-05-26, "Though a judgment of divorce is denied, the court in an action for divorce may provide for the maintenance of one spouse by the other and the maintenance of any or all children."

Forms and court help

The North Dakota Legal Self Help Center has a legal separation page and a Legal Separation Informational Guide (revised July 2025). The court system does not offer a packet of legal separation forms; self-represented parties prepare their own documents, using general-use templates where available. For child support amounts, see North Dakota child support laws.

Disclaimer: This article provides general legal information about legal separation under North Dakota law, N.D.C.C. chapter 14-05. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about a specific situation, consult a lawyer licensed in North Dakota or the North Dakota Legal Self Help Center.

Last updated: 2026-10-08.

Frequently Asked Questions

Is there legal separation in North Dakota?

Yes. N.D.C.C. 14-05-03.1 allows a temporary or permanent decree of separation for any cause for which a divorce may be granted.

How long do you have to live in North Dakota to file for legal separation?

Six months. Under N.D.C.C. 14-05-17 the plaintiff must have been a good-faith resident for six months before starting the action, or for the six months before the decree is entered.

Can you remarry while legally separated in North Dakota?

No. A separation does not dissolve the marriage; under N.D.C.C. 14-05-01 only death or a divorce judgment does.

Can a North Dakota legal separation be converted to a divorce?

Yes. Either spouse may apply to revoke the decree, and if the court finds reconciliation improbable it shall grant a divorce in its place (N.D.C.C. 14-05-29).

Does a North Dakota separation decree divide property?

It can. N.D.C.C. 14-05-27 allows the decree to provide for the equitable division of property and debts, subject to section 14-05-24, along with spousal and child support.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. N.D.C.C. chapter 14-05, Divorce (14-05-01, 14-05-03, 14-05-03.1, 14-05-09.1, 14-05-17, 14-05-22 to 14-05-29)(ndlegis.gov).gov
  2. North Dakota Courts Legal Self Help Center: Legal Separation(ndcourts.gov).gov
  3. North Dakota Courts, Legal Separation Informational Guide (Rev. Jul. 2025)(ndcourts.gov).gov
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