North Dakota Divorce Records: Official Certificates, Decrees, and Search Options

Divorce records are comprehensive documents that contain all files related to the dissolution of a marriage. The components of a legally recognized dissolution of marriage in North Dakota include the divorce decree, child custody arrangements, alimony, and property division. These records are valuable as proof of parties' marital status, property, and debt division (between spouses). They may also use them to confirm family structure, track name changes, and reveal remarriages.

Divorce records available in North Dakota include divorce decrees (or judgments) and divorce case files. Depending on their eligibility, individuals may acquire these documents from different state and local authorities. However, access rules and procedures may differ by jurisdiction and record type.

Divorces in North Dakota: In 2023, North Dakota recorded a divorce rate of 2.6 per 1,000 population (down from 2.7 in 2022) and a marriage rate of 5.1 per 1,000.

Official Types of Divorce Documentation in North Dakota

In North Dakota, divorce records consist of three different forms of documentation:

Divorce Certificate

A divorce certificate is an official document that contains basic information about a marriage dissolution proceeding (e.g., the names of the parties involved, the date, and the location of the divorce). This document typically helps individuals provide legal evidence of their marital status (that they are no longer married) without revealing personal details contained in a comprehensive divorce record (divorce decree).

Unlike most states in the US, the North Dakota Vital Records Office does not issue statewide "divorce certificates." Only the county clerk or recorder in the county where a divorce was decreed may issue certified copies of divorce records.

Divorce Decree

This is a court-issued document that sets out the agreed terms of a divorce, including alimony, child support, property division, financial obligations, and other details.

A divorce decree is often needed in the following instances:

• To file a motion to the court seeking the enforcement of the terms of a divorce decree by a non-compliant spouse.
• To officially change one's name with the Social Security Administration.
• To provide evidence that a divorce was finalized.
• To show that a former marriage has officially ended before remarrying.

Individuals may obtain certified copies of divorce decrees from the county clerk or record (i.e., Clerk of the District Court) in the county where the divorce was decreed, unless the court or state law states otherwise.

In North Dakota, each divorce decree is expected to contain the parties' Social Security numbers pursuant to North Dakota Century Code, ch. 14-05. However, this information does not appear in public online copies in line with the state's privacy redaction rules.

Divorce Case File

This is the official paperwork containing all court documents related to the divorce proceeding, maintained by the court. Court case files typically include documents such as the divorce complaint or petition (including the parties' responses), motions, financial affidavits, settlement agreements, interim orders, and the final judgment (decree). The Clerk of District Court in the county where the divorce was granted maintains these documents; However, dated case files, indexed or provided for research, are available from the State Historical Society of North Dakota.

North Dakota court case files are generally open under Administrative Rule 41, but specific confidential records may be restricted or redacted under Rule 3.4 and other relevant state laws.

Document Type	Issued By	Purpose	Contains
Divorce Certificate	Not issued by North Dakota Vital Records (NDHHS - Vital Records only provides referral information)	North Dakota does not issue divorce certificates.	Not available: the state does not maintain a separate divorce certificate file.
Divorce Decree / Judgment	Clerk of District Court (county where divorce was finalized)	Legal proof of the dissolution of marriage and the enforceable terms (custody, property, support). Used for remarriage, name change, and legal enforcement.	Case caption, court name, date and county of decree, judge's signature, division of property, custody and support orders, and Social Security number inclusion per N.D.C.C. § 14-05-01.2 (redacted in public copies).
Divorce Case File	Clerk of District Court (maintains full record)	Complete record of the divorce proceedings for legal, historical, or research use.	Pleadings, motions, evidence, agreements, decrees, and other filings. Older records may be archived with the State Historical Society of North Dakota (State Archives).

Public Access and Confidentiality of North Dakota Divorce Records

In North Dakota, court records, including divorce records, are generally open to the public unless restricted by court order or state or federal law. North Dakota Supreme Court Administrative Rule 41 establishes public access to judicial records in accordance with the state's constitutional provision for open records. Nonetheless, Administrative Rule 41 recognizes limits imposed by law or court order and excludes certain records from public access. Furthermore, there are Privacy protections for Filing regulations (under Rule 3.4) that mandate redaction of sensitive information and establish procedures for filing documents confidentially or under seal.

Information that is typically redacted under Rule 3.4 includes Security numbers, taxpayer identification numbers, dates of birth, the names of minors, and financial account numbers (credit, debit, investment, or retirement accounts). Courts may also seal documents, such as custody evaluation reports or other sensitive files, to protect privacy.

Given the presumed openness of North Dakota divorce files, anyone may request the non-confidential parts of the record, including the divorce decree, unless the court orders sealing. In contrast, the parties to a divorce proceeding and their attorneys may access the complete record, including files marked as confidential by rule or court order. While these files (confidential records) are inaccessible to the public, they are available to the court and the parties. Unless the court states otherwise, sealed records are protected from both the general public and the parties in a divorce case.

In North Dakota, the county district court clerk where a divorce was granted maintains and issues divorce records; the state vital records office does not issue divorce decrees. The vital records office may, however, guide requesters on where to obtain certified copies of divorce records throughout the state. The contact details of the agency are as follows:

North Dakota Department of Health and Human Services (Vital Records Division)

What Information Do North Dakota Divorce Records Include?

In North Dakota, the information contained in a divorce record may vary by county, the type of document (decree or case file), and whether certain portions have been redacted pursuant to Court Rule 3.4 (for privacy reasons). A North Dakota divorce record typically includes:

• Full names of both spouses, including maiden or previous names.
• Case number assigned by the District Court.
• The date and county where the divorce was filed and granted.
• Name of the presiding judge or court division.
• Decree date and legal statement finalizing the divorce.
• Grounds for the divorce (if stated in the pleadings or judgment).
• Child support and alimony (spousal support) details.
• Division of property and debts
• Name of attorneys or legal representatives (if applicable)
• Court seal and official signatures confirming the document's authenticity.

Complete case files may also contain:

• Initial petitions, responses, and motions
• Financial affidavits and settlement agreements
• Protective or sealing orders (if any)
• Record of hearings or mediation outcomes

Note: Personal identifiers such as Social Security numbers, minors' names, or financial account details are typically redacted or sealed pursuant to the North Dakota Rule of Court 3.4 and the Supreme Court Administrative Rule 42.

Procedures for Locating Divorce Records in North Dakota

Parties to a divorce may obtain certified copies of North Dakota divorce decrees (judgments) from the Clerk of the District Court in the county where the divorce was finalized, not from the state Vital Records Office. Information seekers may use the free North Dakota Courts Public Search (Odyssey) to find a case and county, and subsequently request copies from the clerk's office. They may also discover pre-1949 divorce case files through the State Historical Society of North Dakota. Locating a record with the help of a clerk attracts a search fee ($10 per name) and copying or certification fees, which may vary by county.

Record Source	Office or Platform	Years Covered	Access Type	Fees
County Court Record (Certified Judgment/Decree)		All years (by county)	Clerk of District Court (county of divorce) Certified copies of final judgment/decree and case documents	Varies by county for copies/certification; Searches conducted with the help of a clerk cost $10 per name search.
Court Docket Lookup	ND Courts Public Search (Odyssey)	Varies by county, and when each county came online	Online case/docket search to locate case and county; documents requested from the clerk	No portal fee to search; copy fees apply if the requester orders from a clerk.
State Vital Records (routing only)	ND Health and Human Services - Vital Records	Not available for divorce certificates	Provides guidance/contacts; does not issue divorce certificates; refers to the county clerk	Not available
Historical/Research	State Historical Society of North Dakota (Archives) and research guides	Older holdings (varies; statewide cooperation with Vital Records; county courts hold originals)	Reference help and archival materials; confirm availability before visit	Copy fees are minimal/vary by archive policy.

How to Request Certified Copies of Divorce Records in North Dakota

A certified divorce decree is an official copy of the original document that has been verified and endorsed as a "true copy" of the original document by the clerk. Parties to a divorce typically require these documents as proof that a previous marriage has ended and they are eligible to remarry. They may also obtain certified copies for name changes, to access benefits, or to enforce the divorce order.

Requesters may obtain certified copies of North Dakota divorce decrees from the Clerk of District Court in the county where the divorce was granted; the state Vital Records office does not issue divorce certificates.

Step 1. Identify the court where the divorce was finalized.

Requesters may identify the case and relevant county via the North Dakota Courts Public Search (Odyssey). Most divorce decrees and case files are available at the District County where the divorce was granted. The state Vital Records office provides contact details for all counties on its website.

Step 2. Contact the Clerk of the District Court for that county.

Parties to a divorce may request certified copies in person, by mail, or by following the instructions on the court's website. They may also obtain information on the clerk's office visitation hours, fees, and accepted payment methods by contacting the clerk or through their official website.

Step 3. Provide the necessary details.

Inquirers are typically expected to provide the names of both spouses, the approximate date of divorce, and the case number. Providing such information helps speed up the search.

Step 4. Pay the required fee.

Since July 1, 2025, clerk offices charge $20 for a certified copy of a judgment or order and $10 for each additional certified copy of the same document. Searches conducted by the clerk on a requester's behalf cost $10 per name. Plain paper copies attract a fee of $0.10 per page.

Copy Type	Where to Request	Who may Order	Legal Use
Certified Divorce Decree	Clerk of the District Court in the county where the divorce was granted	Generally public unless sealed; parties/attorneys commonly request	Legal proof of dissolution; enforcement of terms (property, custody, support); name change/remarriage
Divorce Certificate (state-level)	Not issued in North Dakota by Vital Records (ND HHS will refer the applicant to the county clerk)	Not available	Not available
Informational Copy	State Historical Society of North Dakota (Archives) and county archives (availability varies)	General public or researchers (subject to access rules)	Genealogical or historical research; older county case materials

Why Search for Divorce Records in North Dakota?

Requesters often seek North Dakota divorce records for practical, legal, and research purposes. Instances where people may need a divorce record include the following:

• Legal proof that a marriage has been dissolved and consequent eligibility for remarriage.
• They provide clarity and legal proof when settling disputes over financial obligations or property ownership after a divorce.
• They help effect a name change on a bank account, passport, etc.
• Divorce records help resolve custody or parental rights (or modifying custody arrangements) and child support issues.
• Employers, financial institutions, or government agencies may review divorce records as part of a hiring process or screening financial transactions.
• Researchers may also use archival divorce records to track family histories or document lineages.

How Long Are Divorce Records Kept in North Dakota?

In North Dakota, divorce case files are maintained long-term and ultimately archived. Under the statewide Court Records Retention Schedule, governed by Administrative Rule 19, "Divorce (10)" case files are to be retained 50 years from the date of disposition and then transferred to the State Archives. Court record custodians, however, are expected to maintain any child-support judgment until all conditions are satisfied.

The Historical Society of North Dakota maintains civil/divorce case records for most counties dating back to 1949. Record searchers may find older cases in the county of origin. In comparison, online access to North Dakota Courts Public Search varies from one county to another, depending on when the county joined the system. Interested parties may contact the Clerk of the District Court or the State Archives to retrieve older or pre-digital records.