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Burleigh County Divorce Records

What Are Burleigh County Divorce Records?

Divorce records in Burleigh County are official legal documents that provide evidence of the dissolution of a marriage within the county's jurisdiction. These records are maintained pursuant to North Dakota Century Code § 14-05, which governs divorce proceedings throughout the state. Divorce records typically consist of multiple documents filed during the divorce process, including the initial petition for divorce, financial disclosures, custody arrangements, and the final divorce decree.

The legal authority for maintaining these records falls under the jurisdiction of the Burleigh County District Court, which processes and archives all divorce cases within the county. As part of the South Central Judicial District, the court maintains these records in accordance with state recordkeeping requirements.

Divorce records serve multiple important purposes:

  • Legal proof of marital status change
  • Documentation required for remarriage
  • Evidence for name change processes
  • Verification for Social Security benefits claims
  • Supporting documentation for loan applications
  • Required evidence for immigration matters
  • Historical and genealogical research

The completeness and accessibility of divorce records in Burleigh County are governed by both state statutes and court administrative rules, which balance the public's right to information with privacy considerations for the involved parties.

Are Burleigh County Divorce Records Public?

Burleigh County divorce records have a nuanced public access status that varies depending on the specific document type and information contained therein. Generally, court divorce case files are considered public records under the North Dakota Open Records Law § 44-04-18, which establishes the presumption that government records are open to public inspection. However, this general rule has several important exceptions and limitations.

Court divorce case files typically include:

  • Publicly accessible documents: Petitions, responses, court orders, and final decrees
  • Restricted documents: Financial affidavits, psychological evaluations, and documents containing sensitive personal information

Certified divorce certificates, which provide official verification of a divorce, have more restricted access. According to the North Dakota Department of Health and Human Services, these certificates are available only to:

  • The parties named in the divorce
  • Legal representatives with proper authorization
  • Individuals who can demonstrate a direct and tangible interest in the record

Certain information within divorce records may be sealed or redacted by court order, particularly when the records contain:

  • Information about minor children
  • Sensitive financial data
  • Allegations of domestic violence
  • Social Security numbers and other personal identifiers

The court balances the public's right to access government records with the privacy interests of individuals involved in divorce proceedings. This balance is maintained through careful application of statutory exemptions and judicial discretion in determining which portions of divorce records should remain confidential.

How To Find a Divorce Record In Burleigh County in 2026

Members of the public seeking divorce records in Burleigh County may utilize several methods to locate these documents. The appropriate approach depends on the requester's relationship to the case and the specific information needed.

For court case records, individuals may:

  1. Visit the Burleigh County Clerk of District Court in person:

    Burleigh County Clerk of District Court
    514 E. Thayer Avenue
    Bismarck, ND 58501
    701-355-1350
    Burleigh County District Court

    Hours: Monday-Friday, 8:00 AM - 5:00 PM (excluding holidays)

  2. Submit a written request by mail to the above address, including:

    • Full names of both parties to the divorce
    • Approximate date of divorce (month and year)
    • Case number (if known)
    • Requester's contact information
    • Specific documents requested
    • Payment for applicable fees

  3. Access the North Dakota Courts Records Inquiry system to search for basic case information online.

For certified divorce certificates, requesters must:

  1. Contact the North Dakota Department of Health and Human Services Vital Records office:

    North Dakota Department of Health and Human Services - Vital Records
    600 East Boulevard Avenue, Dept. 325
    Bismarck, ND 58505
    701-328-2360
    North Dakota Vital Records

    Hours: Monday-Friday, 8:00 AM - 4:30 PM (excluding holidays)

  2. Complete the official application form for divorce certificates

  3. Provide proper identification

  4. Pay the required fee ($7 for a certified copy)

  5. Demonstrate eligibility to receive the record under state law

Requesters should note that divorce records from 1949 to the present are maintained by the state vital records office, while earlier records may be available through the State Archives or the county where the divorce was granted.

How To Look Up Divorce Records in Burleigh County Online?

Burleigh County residents and other authorized individuals can access certain divorce record information through online platforms maintained by the North Dakota court system. The primary online resource is the District Court Case Search system, which provides public access to non-confidential court records.

To search for divorce records online, follow these steps:

  1. Visit the North Dakota Courts Records Inquiry website
  2. Select "South Central Judicial District" from the district options
  3. Choose "Burleigh County" from the county selection menu
  4. Select "Civil/Family" as the case type
  5. Enter search criteria such as:
    • Party name (last name, first name)
    • Case number (if known)
    • Filing date range
  6. Review the search results, which typically include:
    • Case number
    • Filing date
    • Case type
    • Party names
    • Case status
    • Judge assigned

Important limitations of the online system include:

  • Only basic case information is available online; full documents generally require in-person requests
  • Records sealed by court order will not appear in search results
  • Cases involving domestic violence protection orders may have restricted information
  • Financial affidavits and certain sensitive documents are not available online
  • Records prior to the system's implementation (approximately 1990s) may not be included

For more comprehensive access to divorce records, including document copies, individuals must contact the Burleigh County Clerk of District Court directly. The online system serves primarily as an index to identify cases rather than a complete repository of divorce documentation.

How To Find Divorce Records for Free In Burleigh County?

Burleigh County residents seeking no-cost access to divorce records have several options available, though certain limitations apply to free record searches. The following methods provide access without payment of copy fees:

  1. In-person inspection at the courthouse:

    Burleigh County Courthouse
    514 E. Thayer Avenue
    Bismarck, ND 58501
    701-355-1350
    Burleigh County District Court

    Members of the public may visit during regular business hours (Monday-Friday, 8:00 AM - 5:00 PM) to review non-confidential divorce case files. While inspection is free, any requested copies will incur standard fees.

  2. Online case information search:

    The North Dakota Courts Records Inquiry system provides free access to basic case information, including:

    • Case numbers
    • Party names
    • Filing dates
    • Case status
    • Scheduled hearings

    This system does not provide document images but helps locate cases for further research.

  3. Public access terminals at the courthouse:

    Computer terminals available at the Burleigh County Courthouse provide more detailed access to the court's electronic filing system than the public website. These terminals are available for free use during regular business hours.

  4. Historical divorce records research:

    For divorces prior to 1949, the State Archives maintains historical records that can be researched in person at no cost:

    State Archives and Historical Research Library
    612 East Boulevard Avenue
    Bismarck, ND 58505
    701-328-2091
    North Dakota State Archives

Researchers should note that while record inspection may be free, the following limitations apply:

  • Photo identification is required for courthouse access
  • Staff assistance time may be limited
  • Certain records may be restricted or sealed
  • Certified copies always require payment of statutory fees
  • Research assistance beyond basic direction is not guaranteed

For comprehensive divorce record searches, particularly for legal purposes, requesters may find that paying for certified copies is necessary despite the availability of free inspection options.

What's Included in a Divorce Records In Burleigh County

Divorce records in Burleigh County typically comprise a collection of documents that chronicle the legal dissolution of marriage from initiation through final judgment. These records are maintained pursuant to North Dakota Century Code § 14-05-24.3, which establishes requirements for divorce documentation. The contents of a complete divorce file generally include:

  1. Initial pleadings:

    • Petition for Dissolution of Marriage (Complaint)
    • Summons
    • Proof of service
    • Response or Answer from the respondent spouse

  2. Financial documentation:

    • Property and debt disclosure statements
    • Income verification (tax returns, pay stubs)
    • Pension and retirement account information
    • Real estate appraisals or valuations

  3. Child-related documents (when applicable):

    • Parenting plan proposals
    • Child support calculations
    • Custody evaluations
    • Parenting time schedules

  4. Court proceedings documentation:

    • Hearing notices and minutes
    • Temporary orders
    • Mediation results or settlement conference outcomes
    • Trial exhibits and transcripts (if a trial occurred)

  5. Final judgment documents:

    • Findings of Fact and Conclusions of Law
    • Judgment and Decree of Divorce
    • Property settlement agreements
    • Child support orders
    • Qualified Domestic Relations Orders (QDROs) for division of retirement assets

  6. Post-judgment filings (if applicable):

    • Motions to modify custody, support, or other provisions
    • Contempt proceedings
    • Appeals documentation

The certified divorce certificate, available from the North Dakota Department of Health and Human Services, contains more limited information, typically including:

  • Names of both parties
  • Date and place of divorce
  • Case number
  • Official certification

The level of detail in divorce records varies significantly based on whether the divorce was contested or uncontested, whether minor children were involved, and the complexity of property division issues.

How To Get Proof of Divorce In Burleigh County?

Individuals requiring official proof of divorce in Burleigh County have two primary options for obtaining legally recognized documentation. The appropriate method depends on the intended use of the proof and the level of detail required.

For a certified divorce certificate (official proof of divorce):

  1. Submit a request to the North Dakota Department of Health and Human Services:

    North Dakota Department of Health and Human Services - Vital Records
    600 East Boulevard Avenue, Dept. 325
    Bismarck, ND 58505
    701-328-2360
    North Dakota Vital Records

    Hours: Monday-Friday, 8:00 AM - 4:30 PM (excluding holidays)

  2. Complete the Application for a Certified Copy of a Divorce Record

  3. Provide acceptable identification, such as:

    • Government-issued photo ID
    • Driver's license
    • Passport
    • Military ID

  4. Pay the required fee ($7 per certified copy)

  5. Submit the application:

    • In person at the Vital Records office
    • By mail with payment by check or money order
    • Online through the official vital records portal

For a certified copy of the divorce decree (more detailed proof):

  1. Contact the Burleigh County Clerk of District Court:

    Burleigh County Clerk of District Court
    514 E. Thayer Avenue
    Bismarck, ND 58501
    701-355-1350
    Burleigh County District Court

  2. Provide the following information:

    • Full names of both parties to the divorce
    • Approximate date of divorce
    • Case number (if known)

  3. Pay the applicable fees:

    • $10 for certification
    • $1 per page for copies
    • Additional fees may apply for extensive searches

  4. Request delivery method:

    • In-person pickup
    • Mail delivery (include self-addressed stamped envelope)

Proof of divorce documents are typically required for:

  • Remarriage license applications
  • Name change processes
  • Immigration proceedings
  • Settlement of estates
  • Certain financial transactions

Requesters should specify whether they need the simple certificate or the complete divorce decree, as the appropriate document depends on the specific requirement of the requesting agency or institution.

Can a Divorce Be Confidential In Burleigh County?

While divorce proceedings in Burleigh County are generally matters of public record, North Dakota law provides several mechanisms through which certain aspects of divorce cases may be kept confidential. The confidentiality of divorce records is governed by North Dakota Supreme Court Administrative Rule 41, which establishes parameters for public access to court records.

Circumstances under which divorce information may be confidential include:

  1. Sealed records by judicial order:

    • The court may seal specific documents or entire case files upon motion by either party
    • The judge must find that privacy interests substantially outweigh the public's right of access
    • Sealing orders must be narrowly tailored to protect only necessary information

  2. Automatically confidential information:

    • Social Security numbers
    • Financial account numbers
    • Minor children's identifying information
    • Medical and health information
    • Domestic violence shelter locations
    • Certain victim information in cases involving abuse

  3. Redacted information:

    • Personal identifiers may be redacted from public documents
    • Financial details may be summarized rather than specifically disclosed
    • Sensitive allegations may be filed under separate confidential cover

  4. Alternative dispute resolution:

    • Mediation communications are confidential by statute
    • Settlement negotiations may remain private even when the final agreement becomes public

  5. Domestic violence considerations:

    • Address confidentiality for victims of domestic violence
    • Protective measures for victim safety
    • Restricted access to certain testimony or evidence

Parties seeking confidentiality must typically:

  • File a specific motion requesting confidentiality
  • Demonstrate compelling reasons for restricting public access
  • Propose the least restrictive means of protecting sensitive information

It is important to note that complete confidentiality of an entire divorce proceeding is extremely rare. More commonly, specific sensitive documents or information within the case file receive protected status while the basic fact of the divorce and general case information remain public.

How Long Does a Divorce Take In Burleigh County?

The duration of divorce proceedings in Burleigh County varies significantly based on multiple factors related to case complexity and the level of agreement between parties. Under North Dakota Century Code § 14-05-19.2, there is a mandatory 30-day waiting period between the service of the summons and the earliest possible date for entry of judgment.

Typical timeframes for Burleigh County divorces include:

  1. Uncontested divorces with complete agreement:

    • 60-90 days from filing to final decree
    • Requires signed settlement agreement on all issues
    • May be expedited if both parties waive waiting periods where legally permissible

  2. Divorces with partial agreements requiring limited negotiation:

    • 3-6 months from filing to completion
    • Involves some negotiation but avoids full trial
    • May include mediation sessions

  3. Contested divorces requiring judicial intervention:

    • 6-12 months for moderately contested cases
    • 12-18 months for highly contested matters
    • Complex asset division or custody disputes may extend beyond 18 months

Factors that significantly influence the timeline include:

  • Court calendar congestion in the South Central Judicial District
  • Availability of required documentation and financial disclosures
  • Complexity of property division, especially with business interests or substantial assets
  • Child custody evaluations, which typically add 3-4 months to the process
  • Discovery disputes requiring court intervention
  • Settlement negotiations and mediation attempts
  • Attorney scheduling conflicts
  • Judicial caseload and availability for hearings

According to the North Dakota Court System, the average time from filing to disposition for divorce cases in Burleigh County is approximately 6.2 months, though this average encompasses both simple and complex cases.

Parties seeking expedited proceedings should consider:

  • Alternative dispute resolution methods
  • Comprehensive pre-filing preparation of financial documentation
  • Early agreement on temporary arrangements
  • Focused negotiation on contested issues

The court generally prioritizes cases involving allegations of domestic violence or urgent child welfare concerns, which may receive expedited hearing schedules.

How Long Does Burleigh County Keep Divorce Records?

Burleigh County maintains divorce records according to a structured retention schedule established under North Dakota Century Code § 11-13-02.1, which governs county records management. The retention periods vary based on the type of record and its historical or legal significance.

The retention schedule for divorce records in Burleigh County includes:

  1. Court case files (complete divorce proceedings):

    • Permanent retention for the official court record
    • Maintained initially at the Burleigh County Courthouse
    • Eventually transferred to the State Archives for historical preservation
    • Electronic records maintained indefinitely in the court's case management system

  2. Divorce certificates and vital records:

    • Permanent retention by the North Dakota Department of Health and Human Services
    • Records from 1949 to present maintained in the state vital records system
    • Pre-1949 records maintained by the State Archives

  3. Divorce indexes and dockets:

    • Permanent retention as finding aids
    • Both physical and electronic indexes maintained
    • Searchable through the court's public access systems

  4. Supporting documentation:

    • Financial affidavits: 10 years after case closure
    • Temporary orders: 10 years after case closure
    • Exhibits not returned to parties: 10 years after case closure
    • Discovery materials: Typically returned to parties or destroyed after case closure

  5. Administrative records related to divorce proceedings:

    • Scheduling notices: 2 years
    • Routine correspondence: 3 years
    • Fee payment records: 7 years

The court system has implemented a comprehensive digitization program for older records, with many historical divorce records now available in electronic format. However, some very old records may exist only in paper format at the State Archives.

Researchers seeking historical divorce records should note:

  • Records from the territorial period (pre-1889) are fragmentary
  • Early statehood records (1889-1920) may have limited indexing
  • Modern records (1950-present) are generally well-preserved and indexed
  • Microfilm copies exist for many records from 1920-1990

The permanent retention of core divorce records ensures their availability for legal, genealogical, and historical research purposes indefinitely.

How To Get a Divorce In Burleigh County

Individuals seeking to dissolve a marriage in Burleigh County must follow specific procedures established under North Dakota law. The divorce process, legally termed "dissolution of marriage," is governed by North Dakota Century Code Chapter 14-05 and requires several sequential steps.

To initiate a divorce in Burleigh County:

  1. Establish residency requirements:

    • Either spouse must have been a North Dakota resident for six months before filing
    • The case should be filed in Burleigh County if either spouse resides there

  2. Prepare and file initial documents with the Clerk of District Court:

    Burleigh County Clerk of District Court
    514 E. Thayer Avenue
    Bismarck, ND 58501
    701-355-1350
    Burleigh County District Court

    Required documents include:

    • Summons
    • Complaint for Divorce
    • Confidential Information Form
    • Filing fee payment ($80 as of current fee schedule)

  3. Serve the divorce papers on the other spouse:

    • By sheriff's service (additional fee applies)
    • By private process server
    • By certified mail with return receipt
    • By publication if the spouse cannot be located
    • By acceptance of service if the spouse agrees

  4. Wait for the response period:

    • The served spouse has 21 days to file an Answer
    • If no Answer is filed, the case may proceed by default

  5. Complete financial disclosures:

    • Both parties must exchange financial information
    • Property and debt schedules must be filed with the court
    • Income documentation is required for child support calculations

  6. Attend court-ordered mediation if children are involved:

    • Mandatory in cases with custody or parenting time disputes
    • May be waived in cases involving domestic violence

  7. Negotiate settlement or prepare for trial:

    • Many cases resolve through negotiation or mediation
    • Contested issues proceed to pre-trial conferences and trial

  8. Attend final hearing:

    • Uncontested cases may require only a brief hearing
    • Contested cases involve presentation of evidence and testimony
    • Some uncontested matters may be resolved on written submissions

  9. Receive and implement the divorce decree:

    • The judge signs the Findings of Fact, Conclusions of Law, and Order for Judgment
    • The Judgment is entered by the clerk
    • Property division, support, and custody orders take effect

Individuals may represent themselves in divorce proceedings, though complex cases benefit from legal representation. The North Dakota Legal Self Help Center provides resources for self-represented litigants, including forms and procedural guidance.

How To Get Divorce Papers In Burleigh County

Individuals initiating or responding to divorce proceedings in Burleigh County have several options for obtaining the necessary legal forms and documents. The availability of divorce papers varies based on whether the person is represented by an attorney or proceeding without legal representation.

For self-represented individuals:

  1. Access forms through the North Dakota Court System website:

    • Visit the Legal Self Help Center
    • Navigate to the "Family Law" section
    • Download divorce packet forms in fillable PDF format
    • Forms include instructions for completion and filing

  2. Obtain physical copies at the courthouse:

    Burleigh County Clerk of District Court
    514 E. Thayer Avenue
    Bismarck, ND 58501
    701-355-1350
    Burleigh County District Court

    Hours: Monday-Friday, 8:00 AM - 5:00 PM (excluding holidays)

    • Basic divorce packets are available for a nominal fee
    • Staff cannot provide legal advice but can answer procedural questions
    • Public access computers are available for form completion

  3. Request assistance from the Family Law Facilitator:

    • Limited appointments available for procedural guidance
    • Facilitator can review forms for completeness (not legal advice)
    • Schedule appointments through the Clerk's office

  4. Utilize the Law Library resources:

    North Dakota Supreme Court Law Library
    600 East Boulevard Avenue, Dept. 182
    Bismarck, ND 58505
    701-328-2229
    Supreme Court Law Library

    • Reference materials on divorce procedures
    • Sample forms and templates
    • Legal research resources

Essential divorce forms typically include:

  • Summons
  • Complaint for Divorce
  • Confidential Information Form
  • Financial Affidavit
  • Property and Debt Listing
  • Proposed Parenting Plan (if children are involved)
  • Child Support Guidelines Worksheet (if children are involved)
  • Settlement Agreement (for uncontested cases)
  • Findings of Fact, Conclusions of Law, and Order for Judgment
  • Judgment

Individuals with complex cases involving significant assets, business interests, or contested custody matters are strongly encouraged to consult with an attorney, as standardized forms may not adequately address all legal issues in complicated divorces.

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