Grounds for Divorce

In North Dakota, a divorce may be granted for any of the following reasons:

1. adultery,
2. extreme cruelty,
3. willful desertion,
4. willful neglect,
5. abuse of alcohol or controlled substances,
6. conviction of felony,
7. irreconcilable differences.

Where a divorce is based on irreconcilable differences the court need only find that irreconcilable differences exist and it is not required to make findings as to the conduct or fault of the parties. Irreconcilable differences are 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.

While irreconcilable differences is the most common reason for divorce, North Dakota Courts may look to marital misconduct, or other fault based grounds, when making their final determinations.