Are Divorce Records Public in North Dakota?
Divorce records are open to the public in North Dakota. Anyone who wishes to look up divorce records in North Dakota can do so by submitting a request to the clerk of the district court where the divorce decree was issued. Typically, North Dakota divorce records are available to the parties named on the record and their children. Requesters can also obtain copies of divorce records from the county recorder in the county where the divorce or annulment was decreed. The personnel in charge will assist in determining what county to contact.
Understanding North Dakota Divorce Records
A North Dakota divorce record is the complete collection of information about a marriage dissolution finalized in the state. The information contained in a divorce record will include all information contained in a divorce certificate and a divorce decree, in addition to all other documents produced during the court case.
North Dakota divorce records describe all official documents that provide information about marriages that have been dissolved in North Dakota state courts. These records include vital records and case files that provide information about family court judgments about the dissolution of marriages. The three main types of divorce documents are divorce records, divorce decrees, and divorce certificates.
How to Find Public Divorce Records Online
North Dakota allows public access only to divorce records older than 50 years from the day of issuance. Individuals seeking to find public divorce records online must visit an official channel of the family courthouses to use a public access terminal or query staff of the clerk's office.
On the other hand, persons seeking records can also use a third-party site or private aggregate databases offering this service to find North Dakota divorce records online. Required details for search include the divorcee's name and state. However, search fees frequently apply to use such sites.
Note: Divorce records are considered court records. They may, therefore, be searched on third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
Understanding North Dakota Divorce Certificates
A divorce certificate is a vital document usually issued by a state’s Department of Health, to establish the termination of a marriage. It contains some of the information provided by the divorce’s final court judgment. A typical divorce certificate will include the following information:
- Names of the couple who obtained the divorce
- Where the divorce was granted
- When the divorce judgment was issued
- Court case number
How Do I Obtain a North Dakota Divorce Certificate?
Divorce certificates are public documents that are typically provided by a state’s Department of Health when a request is received. The North Dakota Department of Health Division of Vital Records does not issue divorce records. Inquiries about divorce records received by the Division of Vital Records will be forwarded to the appropriate County Recorder.
Understanding North Dakota Divorce Decrees
A North Dakota divorce decree is a court document issued after a divorce proceeding in the state. It is the final enforceable order by the court that officially terminates the marriage. It details the settlement agreed upon by all parties and gives a clear picture of each party’s post-marriage responsibilities. Divorce decrees will contain details of the following post-marital agreements:
- Alimony payments
- Division of assets
- Custody of underaged children
- Visitation rights & schedules
- Child support payments
The County Court Clerk or Recorder maintains divorce decrees in the county in which the divorce was decreed. Both parties to the divorce will receive a copy of the divorce decree after the divorce has been finalized.
How Do I Obtain a North Dakota Divorce Decree?
A North Dakota divorce decree stays in the custody of the County Recorder in the county where the divorce was granted. The attorneys of record will receive copies of the divorce decree after the judgment has been finalized, and the divorced parties may obtain these copies from their attorneys.
To obtain a certified copy of a North Dakota divorce decree, submit a written request to the County Recorder in the county where the divorce was finalized. Divorce decrees can also be requested by visiting the appropriate County Recorder's Office and making the request in person.
Certified copies of divorce decrees are only available to the eligible parties. These are the individuals named on the record, their immediate family members, and their legal representatives. A valid photo ID is required when requesting a divorce record. The County Recorder maintaining the divorce record will charge a fee for the search, copying, and certification of the divorce decree. This fee may vary in different counties or judicial districts.
When making the request, provide the following information to facilitate the record search:
- Names of both individuals on the divorce record, including maiden names
- Date of divorce finalization
- Location of the divorce finalization
- Relationship to one or both parties named in the record
The State of North Dakota Courts website provides access to divorce records through its North Dakota Court Record Inquiry (NDCRI) system and offers a handy search tool. The information available through this service is not considered an official court record. It is not a certified record and cannot be used for legal purposes.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How to Find Out if Someone is Divorced in North Dakota.
Record seekers can find out if someone is divorced in North Dakota by requesting their divorce records from the Department of Health and Human Services Vital Records Office or requesting a record of divorce from the state’s courthouse within working hours.
Likewise, those permitted by law can obtain North Dakota divorce records by querying the office of the Clerk of Family Court in the judicial district where the divorce decree was granted. On the other hand, third parties requesting North Dakota divorce certificates must provide proof of their relationship with the party involved. For example, anyone requesting divorce records of their parents must provide birth certificates since the names of their parents will appear on them.
Note that records are not readily accessible to the public from the court since they’re vital records. Details about a divorce record are only accessible to the parties involved.
Does North Dakota Recognize Common-Law Marriages?
North Dakota common-law marriages are not recognized as lawful unions in the state. However, North Dakota common-law marriages are acknowledged as valid if created in other states that support this type of union. A common-law marriage (also known as non-ceremonial marriage or informal marriage) is a legal structure where cohabiting couples hold themselves out to friends, family, and the community as “being married,” but without going through a formal ceremony or acquiring a marriage license. Merely adopting a partner’s last name or living together for an extended period does not validate a common-law marriage.
North Dakota Dissolution of Marriage Records
A dissolution of the marriage process is no different from a divorce process in North Dakota. Simply put, marriage dissolution refers to the severing of lawful, marital ties between spouses via the court system. All ties are said to be officially dissolved when the court issues a final judgment and decree of dissolution.
Notably, details are only accessible to the parties directly involved in the case and those who can have access by the law. A dissolution of marriage is the legal process of ending a marriage contract.
A dissolution of marriage record contains information such as the name of the spouses, their date of birth, and the dissolution of the marriage decree.
That said, dissolution of marriage records in North Dakota refers to the records created from court proceedings initiated to legally terminate a marriage and decide the rights or liabilities of spouses. Such records contain the divorced spouses' names, the divorce date, the presiding court's name, filed motions and documents, information about the divorce agreement (e.g., custody of children involved), etc.
Unlike other U.S. states, North Dakota does not interchange the terms "divorce" and "dissolution of marriage".
How to Find Dissolution of Marriage Records in North Dakota
Those seeking to find the dissolution of marriage records in North Dakota can check the database maintained by the judicial system in North Dakota. Records can also be requested via mail or in person at North Dakota Family Court. Individuals seeking records can send a mail to request records or visit the courthouse where the divorce was granted to search through records of dissolution of marriage in North Dakota. Requesters need to know the case number, the name of the spouse, or the date of the divorce.
How to Get Divorce Papers in North Dakota
Divorce papers can be accessed on the official website of the judicial system of North Dakota. Persons in need of divorce papers in North Dakota can also contact the local court clerk to get a list of all the forms needed to be filled.
Requesters can make inquiries from the clerk, who can give guidance in regards to how to file one’s paperwork either online, in person, or by mail. A petitioner can also visit the court in person or use the Family Court's Virtual Clerk Help Desk. In addition, one can make use of a third-party website that provides this service.
How to Find Divorce Papers Online
Divorce papers can be accessed on the official website of the judicial system of North Dakota. This is usually for individuals who want to file a divorce or respond to a divorce petition in the state. The North Dakota judiciary does not charge a fee to download such forms or documents online.
