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North Dakota Legal Guides

Understand North Dakota's specific laws and regulations across six major practice areas. Each guide covers state statutes, court procedures, and key legal differences.

Legal Guides for North Dakota

Personal Injury

North Dakota follows a modified comparative fault system with a 50% bar, barring recovery for plaintiffs whose fault equals or exceeds the combined fault of all defendants. The state has a generous si...

Statute of Limitations: 6 years from date of injury
Comparative Fault: Modified comparative fault, 50% bar
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Family Law

North Dakota family law is governed by North Dakota Century Code (NDCC) Chapter 14-05 (Divorce). The state follows equitable distribution for property division and recognizes both no-fault and fault-b...

Residency Requirement: 6 months in state
No-Fault Ground: Irreconcilable differences
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Criminal Defense

North Dakota has a relatively conservative criminal justice framework but has made notable reforms in recent years, particularly around drug policy and sentencing. The state classifies felonies into C...

DUI Per Se Limit: BAC of 0.08% or higher; enhanced penalties at 0.16% or higher
Marijuana Possession: Up to 0.5 oz is an infraction ($1,000 fine); medical marijuana legal with qualifying condition
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Estate Planning

North Dakota does not impose a state estate tax or inheritance tax. The state adopted the Uniform Probate Code. It is a common law property state with an elective share following the UPC augmented est...

State Estate Tax: No state estate tax
Small Estate Threshold: $50,000 for affidavit
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Business Law

North Dakota offers a business-friendly environment with low formation costs and a relatively small regulatory footprint. The state has a graduated corporate income tax and does not impose a franchise...

LLC Formation Filing Fee: $135 for Articles of Organization
Corporate Income Tax Rate: Graduated rates: 1.41% on first $25,000 up to 4.31% on income over $50,000
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Real Estate

North Dakota real estate law features a judicial foreclosure system, no state transfer tax, and significant mineral rights considerations driven by the Bakken oil formation. The state uses mortgages a...

Judicial Foreclosure: Court-supervised foreclosure with 60-day redemption period
No Transfer Tax: North Dakota does not impose a real estate transfer tax
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