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To be eligible for divorce in North Dakota, you must have been a resident of North Dakota at least six months before a judge issues the divorce decree.1 Your spouse does not have to live in North Dakota. As long as you will have been a resident for at least six months before your divorce goes through, you can file for a divorce in North Dakota.2
1 N.D. Cent. Code § 14-05-17
2 Smith v. Smith, 459 N.W.2d 785
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