South Dakota State Laws
Updated for 2026
South Dakota Divorce Laws
Your complete guide to divorce in South Dakota.
Understanding South Dakota Divorce Law
Property Division
South Dakota follows Equitable Distribution.
Fair DivisionGrounds for Divorce
No-Fault: Irreconcilable differences
Fault or No-FaultChild Custody
Courts consider best interests factors.
Best InterestsChild Support
Uses the Income Shares Model.
Income Shares ModelChild Custody Factors
1
Quality of relationship with parents
2
Capacity of parents to provide care
3
Stability of each home
4
History of domestic abuse
5
Effect on childs current routine
6
Siblings and half-siblings
7
Preference of mature child
8
Any other relevant factors
Spousal Support
Temporary Alimony
During proceedings
Rehabilitative Alimony
For training or education
Permanent Alimony
Long-term support
Key Statutes
SDCL 25-4-2
Grounds for Divorce
Irreconcilable differences
SDCL 25-4-44
Property Division
Equitable division
SDCL 25-4-45
Child Custody
Best interests standard
Recent Changes
2024
Parenting Plan Updates
South Dakota updated parenting time guidelines.
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