South Dakota divorce guide
Divorce in South Dakota
Everything you need to file in South Dakota: who can file, how long it takes, what it costs, how property and support work, and the forms you will use.
South Dakota at a glance
The fast facts
Residency
No fixed duration; must be a bona fide South Dakota resident at the time of filing
Waiting period
60 days from the date the spouse is served (mandatory, cannot be waived)
Filing fee
$97, fee waivers available
Property
Equitable distribution
Grounds
No-fault and fault
Legal separation
Available
Reviewed September 2026 from South Dakota's court self-help pages and statutes. Fees and local rules change, so confirm with your county clerk before you file.
How to file for divorce in South Dakota
- Check residency. No fixed duration; must be a bona fide South Dakota resident at the time of filing.
- Prepare and file the Summons and Complaint for Divorce (Form UJS-300) with the Circuit Court in your county. The filing fee is typically $97, and you can ask for a fee waiver if you cannot afford it.
- Serve your spouse, or have them sign an acceptance of service, and file proof of service.
- Exchange financial disclosures. Both spouses must complete and file a Financial Affidavit.
- Settle the issues in a written agreement, and a parenting plan if you have children.
- Wait out the waiting period. 60 days from the date the spouse is served (mandatory, cannot be waived). Then ask the court for your final judgment.
Residency and grounds
Residency: No fixed duration; must be a bona fide South Dakota resident at the time of filing.
Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.
Separation: None required for no-fault (irreconcilable differences) divorce; spouses may continue living together until the divorce is final.
How property is divided
South Dakota uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.
Custody and child support
Parenting terms: South Dakota uses the terms custody (legal custody and physical custody). Every decision is made in the child's best interests.
Parenting class: Not mandated statewide; required in some individual counties, so filers should check local circuit rules.
Child support: South Dakota uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.
Spousal support
South Dakota courts can award general, rehabilitative, or restitutional alimony, but it must be requested at the time of divorce or the right to it is lost.
Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.
Faster and simpler options
South Dakota does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.
Legal separation: available in South Dakota, for couples who want support and parenting orders without ending the marriage.
How long it takes
The minimum is set by the waiting period: 60 days from the date the spouse is served (mandatory, cannot be waived). A typical timeline is 2 to 4 months uncontested; 6 to 18+ months contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.
Worth knowing in South Dakota
- South Dakota's official filing fee (about $97 with automation and law-library surcharges) is one of the lowest in the country.
- Uncontested divorces usually need no court appearance; the judge signs the decree based on the paperwork.
- South Dakota does recognize a separate-maintenance action distinct from divorce (SDCL 25-4-40), despite some guides claiming otherwise.
Official resources
Official forms and instructions come from South Dakota's courts. Sources we reviewed:
Last reviewed September 2026. Laws and fees change; confirm with your court before you file.
Straight answers
South Dakota divorce, plain answers
How long does a divorce take in South Dakota?
The waiting period is 60 days from the date the spouse is served (mandatory, cannot be waived). A typical timeline is 2 to 4 months uncontested; 6 to 18+ months contested.
How much does it cost to file for divorce in South Dakota?
The court filing fee is typically $97. You can ask for a fee waiver if you cannot afford it. Service, classes and professional help are extra.
How long do I have to live in South Dakota to file?
No fixed duration; must be a bona fide South Dakota resident at the time of filing.
Is South Dakota a community property state?
No. South Dakota uses equitable distribution, so marital property is divided fairly, which is not always equally.
Can I divorce in South Dakota if my spouse will not agree?
Yes. Your spouse cannot stop the divorce. Once they are properly served, the case can go ahead, by default if they do not respond.
Does South Dakota have legal separation?
Yes. South Dakota offers legal separation.
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