South Dakota Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in South Dakota, you must be a resident of the state. The process involves filing a complaint, serving your spouse, and potentially ...
Key Takeaways
- To file for divorce in South Dakota, you must be a resident of the state or a member of the military stationed there when you file.
- South Dakota allows for both no-fault and fault-based divorces, giving you options depending on your circumstances.
- The process involves completing forms, filing with the court, serving your spouse, and potentially attending a hearing.
- A divorce in South Dakota takes a minimum of 61 days from the date the defendant is served with the divorce papers.
- The cost of a divorce in South Dakota varies depending on whether it is contested and if you hire an attorney.
To file for divorce in South Dakota, you must be a resident of the state. The process involves filing a complaint, serving your spouse, and potentially attending a hearing.
South Dakota Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in South Dakota, you must be a resident of the state. The process involves filing a complaint, serving your spouse, and potentially attending a hearing.
Filing for divorce in South Dakota requires understanding the state's specific residency requirements, grounds for divorce, and court procedures. This comprehensive guide walks you through every step of the South Dakota divorce process, from initial filing to final decree.
Table of Contents
- What are the residency requirements for divorce in South Dakota?
- What are the grounds for divorce in South Dakota?
- How do I file for divorce in South Dakota? Step-by-Step
- How long does a divorce take in South Dakota?
- How much does a divorce cost in South Dakota?
- Frequently Asked Questions
- Legal References
What are the residency requirements for divorce in South Dakota?
To file for divorce in South Dakota, you must be a resident of the state or a member of the military stationed there when you file.
South Dakota has one of the shortest residency requirements in the country. To file for divorce, you or your spouse must be a resident of South Dakota at the time of filing. There is no specific time requirement beyond being a resident when you file the paperwork. Members of the military who are stationed in South Dakota are also considered residents for the purpose of filing for divorce. [1]
Civilly Insight: While the residency requirement is minimal, there is a 60-day waiting period after serving the divorce papers before the divorce can be finalized. This period is intended to give couples a chance to reconcile.
What are the grounds for divorce in South Dakota?
South Dakota allows for both no-fault and fault-based divorces, giving you options depending on your circumstances.
South Dakota recognizes both no-fault and fault grounds for divorce. A no-fault divorce is based on "irreconcilable differences," which means there are significant reasons for the marriage to end. For a no-fault divorce, both spouses must agree, or the spouse who was served with the divorce papers must not respond. [2]
No-Fault Grounds
Irreconcilable differences are the only grounds for a no-fault divorce in South Dakota. This is the most common ground for divorce as it does not require one spouse to prove the other was at fault.
Fault Grounds
Alternatively, you can file for a fault-based divorce. The grounds for a fault-based divorce in South Dakota are:
| Ground | Description | Statute |
|---|---|---|
| Adultery | Voluntary sexual intercourse with someone other than your spouse. | SDCL § 25-4-3 |
| Extreme Cruelty | Causing serious physical injury or mental suffering. | SDCL § 25-4-4 |
| Willful Desertion | Leaving the marriage with the intent to end it. | SDCL § 25-4-5 |
| Willful Neglect | Refusing to provide for common needs despite being able to. | SDCL § 25-4-15 |
| Habitual Intemperance | Frequent intoxication that prevents normal activities or causes emotional distress. | SDCL § 25-4-16 |
| Conviction of Felony | Conviction of a felony during the marriage. | SDCL § 25-4-2 |
How do I file for divorce in South Dakota? Step-by-Step
The process involves completing forms, filing with the court, serving your spouse, and potentially attending a hearing.
Step 1: Gather Required Documents
Before you begin, you will need to gather all the necessary financial information for the Financial Affidavit form (UJS-023). This includes information about your income, expenses, assets, and debts.
Step 2: Complete Divorce Forms
You will need to complete several forms, all of which are available on the South Dakota Unified Judicial System website. The primary forms to start the process are the Summons for Divorce (UJS-309) and the Complaint for Divorce (UJS-310). You will also need to complete the Case Filing Statement (UJS-232) and the Financial Affidavit (UJS-023).
Step 3: File with the Court
Once you have completed the necessary forms, you will need to file them with the clerk of courts in the county where you or your spouse live. You will also need to pay a filing fee.
Step 4: Serve Your Spouse
After filing the forms with the court, you must formally notify your spouse by "serving" them with the divorce papers. This can be done by having the sheriff or a private process server deliver the documents. Your spouse can also sign a Notice and Admission of Service form (UJS-315).
Step 5: Wait for Response
Your spouse has 30 days to respond after being served. If they do not respond, you may be able to proceed with a default divorce.
Step 6: Complete Discovery and Negotiation
If your spouse responds and you do not agree on all issues, you will enter the discovery phase. This is where you and your spouse exchange information and documents. You may also attend mediation to try and reach an agreement.
Step 7: Attend Court Hearings
If you and your spouse cannot agree on all issues, you will have to attend a court hearing. A judge will hear both sides and make a decision on the unresolved issues.
Step 8: Receive Final Decree
Once all issues are resolved, either by agreement or by a judge's decision, the judge will sign the Judgment and Decree of Divorce. This officially ends your marriage.
Civilly Tip: The South Dakota Unified Judicial System offers a "Guide and File" system that can help you create the necessary court forms online. This can simplify the process and reduce the risk of errors.
How long does a divorce take in South Dakota?
A divorce in South Dakota takes a minimum of 61 days from the date the defendant is served with the divorce papers.
| Divorce Type | Typical Timeline | Factors |
|---|---|---|
| Uncontested | 2-3 months | Agreement on all issues, no court backlog |
| Contested | 6 months to 1+ year | Disagreements on property, custody, or support; court schedule |
South Dakota has a mandatory 60-day waiting period that begins after the defendant is served with the divorce papers. This means a divorce cannot be finalized until at least 61 days have passed. An uncontested divorce, where both parties agree on all terms, can be finalized shortly after the waiting period ends. A contested divorce, however, can take much longer, depending on the complexity of the issues and the court's schedule.
How much does a divorce cost in South Dakota?
The cost of a divorce in South Dakota varies depending on whether it is contested and if you hire an attorney.
| Cost Category | Typical Range |
|---|---|
| Court Filing Fee | $95 |
| Service of Process | $50 - $150 |
| Attorney Fees (if applicable) | $5,000 - $20,000+ |
| Mediation (if applicable) | $1,000 - $5,000 |
| Total (Uncontested) | $145 - $300 |
| Total (Contested) | $6,000 - $25,000+ |
The primary costs associated with a divorce are the court filing fee, the cost of serving the divorce papers, and attorney fees. The filing fee in South Dakota is currently $95. The cost to have the sheriff or a private process server serve the papers can range from $50 to $150. If you and your spouse can agree on all issues and file for an uncontested divorce without attorneys, your costs will be minimal. However, if you have a contested divorce and need to hire attorneys, the costs can increase significantly.
Frequently Asked Questions
Can I file for divorce online in South Dakota?
You can prepare the necessary forms online using the South Dakota Unified Judicial System's Guide and File tool, but you must still print the forms and file them with the clerk of courts.
Do I need a lawyer to get divorced in South Dakota?
While it is not required, it is highly recommended that you consult with an attorney, especially if you have children or significant assets. The legal process can be complex, and an attorney can help protect your rights.
What if my spouse won't sign the divorce papers in South Dakota?
If your spouse refuses to sign the papers, you can still proceed with the divorce. After you have them served, they have 30 days to respond. If they do not, you can request a default judgment from the court.
How is property divided in a [State] divorce?
South Dakota is an equitable distribution state, which means that marital property is divided in a way that is fair, but not necessarily equal. For more information, see our South Dakota Property Division Guide.
How is child custody determined in [State]?
Child custody is determined based on the best interests of the child. For more information, see our South Dakota Child Custody Guide.
Can I get alimony in [State]?
A judge may award alimony based on a number of factors, including the length of the marriage and the financial situation of each spouse. For more information, see our South Dakota Alimony Guide.
What is the difference between divorce and legal separation in [State]?
A divorce legally ends your marriage, while a legal separation allows you to live separately and make decisions about property and children, but you remain legally married.
Legal References
- [1] SDCL § 25-4-30
- [2] SDCL § 25-4-17.1
- South Dakota Unified Judicial System - Divorce Information & Forms
- WomensLaw.org - South Dakota Divorce