Answering a Motion for a Default Divorce Judgment – Informational Guide

Overview

This Informational Guide provides a basic, step-by-step guide for answering a motion for a default divorce judgment.

The Plaintiff spouse in a divorce case may make a motion for a default divorce judgment when they can prove that the Defendant spouse was served the Summons and Complaint for divorce and the Defendant didn't answer in writing within 21 days after service.

DON'T DELAY! The Defendant in a divorce case has either 14 or 17 days to oppose the motion for a default divorce judgment by answering the motion in writing.  If the Defendant misses the deadline, the court may grant the divorce without the Defendant’s input.

This Guide includes an Appendix of formatting examples of documents commonly required to answer a motion for a default divorce judgment.

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.

Forms are available only for divorces involving common and uncomplicated circumstances. The following forms won’t work for every divorce. If the following forms don’t work for your situation, you need to create your own legal documents, or retain a lawyer to create the documents for you.

You may use the Center’s forms as templates to create your own legal documents. You may also find the General-Use forms in the District Court Civil Action Section of this webpage useful as a starting point for creating your own legal documents.

IMPORTANT: ND Legal Self Help Center staff and court employees are not allowed to give legal advice and can't help you create legal documents or complete any forms. If you are unsure how to proceed, consult an attorney.

Answer a Motion for Default Divorce Judgment – Informational Guide

Appendix of Formatting Examples:

Documents ALL Opposing Parties Will Need:

• OP1: Answer Brief in Opposition to Motion for Default Divorce Judgment
• OP2: Affidavit in Support of Answer Brief in Opposition to Motion for Default Divorce Judgment
• OP4: Confidential Information Form

Document Opposing Parties WITH Children MAY Need:

• OP3a: Answer and Counterclaim (With Children)

Document Opposing Parties WITHOUT Children MAY Need:

• OP3b: Answer and Counterclaim (No Children)

Other Resources

Following are other resources related to default divorce judgment motions that may be of interest.

• Motion for Default Divorce Judgment
• Filing Fee Waiver Request
• Service Instructions and Forms

If you don't understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.

The information provided on and obtained from this site doesn't constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn't liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.