Serving divorce papers in North Dakota
After you file in North Dakota, your spouse must get the papers. This page covers who can deliver the papers, how your spouse can accept or waive service, the deadline to respond, what happens without a response and the law.
Checked against official sources: Oct 24, 2026
In short
If you were served: Time to respond: 21 days after service. If you are filing: Your spouse must be served with the Summons and Complaint under N.D. R. Civ. P. 4, or can sign an Admission of Service (Form 5 in the agreed packet).
- Time to respond
- 21 days after service
- Accept or waive service
- Possible: your spouse signs a form
- Law
- ND Legal Self Help Center: Default divorce; N.D. R. Civ. P. 4, 12
Were you served in North Dakota?
Enter the day you got the papers (the summons and the petition). We show the deadline to answer.
How papers are served in North Dakota
Your spouse must be served with the Summons and Complaint under N.D. R. Civ. P. 4, or can sign an Admission of Service (Form 5 in the agreed packet).
Law: ND Legal Self Help Center: Default divorce; N.D. R. Civ. P. 4, 12
Deadline to respond and default
21 days after service
If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.
Serving your spouse in North Dakota, step by step
File your papers first
File with the State District Court. Service comes after filing.
Serve the papers
Your spouse must be served with the Summons and Complaint under N.D. R. Civ. P. 4, or can sign an Admission of Service (Form 5 in the agreed packet).
Or have your spouse sign
Your spouse must be served with the Summons and Complaint under N.D. R. Civ. P. 4, or can sign an Admission of Service (Form 5 in the agreed packet).
File proof of service
File the proof of service with the court.
Watch the deadline
21 days after service.
If there is no response
If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.
Questions about serving divorce papers in North Dakota
How do you serve divorce papers in North Dakota?
Your spouse must be served with the Summons and Complaint under N.D. R. Civ. P. 4, or can sign an Admission of Service (Form 5 in the agreed packet).
Can my spouse accept or waive service in North Dakota?
Your spouse must be served with the Summons and Complaint under N.D. R. Civ. P. 4, or can sign an Admission of Service (Form 5 in the agreed packet).
How long does my spouse have to respond in North Dakota?
21 days after service
More about divorce in North Dakota
- All North Dakota divorce laws
- Uncontested divorce in North Dakota
- North Dakota divorce forms and filing fees
- Alimony in North Dakota
- Child custody and support in North Dakota
- Divorce timeline estimator for North Dakota
- Divorce checklist for North Dakota
- Served with divorce papers: what to do
- Timeline estimator
Serving papers in nearby states
Sources
- N.D. Cent. Code ch. 14-05 (Divorce)
- N.D. Cent. Code ch. 27-05.2 (clerk fees)
- ND Legal Self Help Center: Divorce
- ND Legal Self Help Center: Divorce with an agreement - No Children
- ND Legal Self Help Center: Default divorce
- ND Courts: Family Law Mediation Program
- 2023 HB 1037 (spousal support), enrolled text
Last checked: Oct 24, 2026.