How to File for Divorce in South Dakota
Complete guide to South Dakota divorce process, forms, and requirements for 2025
Steps to File for Divorce in South Dakota
1
Meet Residency Requirements
The filing spouse must be a South Dakota resident at the time of filing. No minimum duration required.
2
File the Complaint
File a Complaint for Divorce with the Circuit Court. SD allows no-fault (irreconcilable differences) or fault-based grounds.
3
Serve Your Spouse
Your spouse must be served with the complaint. They have 30 days to respond.
4
Complete Disclosures
Exchange financial disclosures including property, debts, and income information.
5
Attend Hearings
Attend any required hearings. Mediation may be available for contested issues.
6
Finalize After 60-Day Wait
South Dakota requires a 60-day waiting period from service before finalization.
South Dakota Divorce Requirements
Residency Requirement
Resident at Filing
Must be a South Dakota resident at time of filing. No minimum duration required.
Waiting Period
60 Days
South Dakota requires a 60-day waiting period from service before divorce can be finalized.
Filing Fees
$95
Filing fee is approximately $95. One of the lowest in the nation. Fee waivers available.
Required South Dakota Divorce Forms
Complaint for Divorce
Primary form to initiate divorce
Summons
Notice to respondent
Financial Affidavit
Income and assets disclosure
Parenting Plan
Custody arrangement if applicable
Decree of Divorce
Final divorce judgment
Contested vs. Uncontested Divorce in South Dakota
Uncontested Divorce
- Both spouses agree
- 60-day waiting period
- Simplified procedure
- Brief hearing
- Lower costs
- Faster process
Contested Divorce
- Spouses disagree
- Takes longer
- Discovery required
- Multiple hearings
- May need trial
- Higher costs
Important Things to Know
South Dakota has one of the lowest filing fees ($95) and no minimum residency duration requirement. The 60-day waiting period begins from service, not filing.
South Dakota-Specific Considerations
- South Dakota is an equitable distribution state
- 60-day waiting period
- No minimum residency duration
- Simplified process for uncontested
- Parenting plan required with children
Ready to Start Your South Dakota Divorce?
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