Getting Divorced in South Dakota: A Legal Guide
South Dakota divorce proceedings require at least one spouse to have been a state resident for at least 60 days before filing. The state follows equitable distribution principles for property division, meaning marital assets are divided fairly but not necessarily equally between spouses.
Filing for divorce without understanding South Dakota's specific legal requirements can lead to delays, unfavorable property settlements, or custody arrangements. Consulting with a family law attorney, even briefly, can help protect your rights and ensure proper procedure is followed.
Key Considerations
Scenarios
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Relevant Documents
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
South Dakota Codified Laws § 25-4-1: Grounds for Divorce
This law outlines the legal grounds for divorce in South Dakota, which include adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of felony, and irreconcilable differences. Understanding these grounds is essential as they determine the legal basis for your divorce filing.
South Dakota Codified Laws § 25-4-30: Residency Requirement
To file for divorce in South Dakota, either you or your spouse must be a resident of the state for at least six months before filing. This residency requirement must be met for South Dakota courts to have jurisdiction over your divorce case.
South Dakota Codified Laws § 25-4-45: Property Division
South Dakota follows equitable distribution principles when dividing marital property. This means the court will divide property fairly but not necessarily equally, considering factors such as length of marriage, contributions of each spouse, and economic circumstances.
South Dakota Codified Laws § 25-7-6.1: Child Support Guidelines
This law establishes the guidelines for determining child support obligations in South Dakota. The court uses a specific formula based on both parents' incomes and the number of children to calculate support amounts, which is crucial if you have minor children.
South Dakota Codified Laws § 25-5-7: Child Custody Determination
When determining child custody arrangements, South Dakota courts prioritize the best interests of the child. This law outlines factors the court considers, including the child's relationship with each parent, stability, and each parent's ability to provide care.
South Dakota Codified Laws § 25-4-41: Alimony Provisions
This statute governs spousal support (alimony) in South Dakota divorces. The court may award temporary or permanent support to either spouse based on factors including length of marriage, earning capacity, age, health, and standard of living established during the marriage.
South Dakota Codified Laws § 25-4-56: Waiting Period
South Dakota has a mandatory 60-day waiting period from the time of service of the summons and complaint before a divorce can be finalized. This cooling-off period applies even in uncontested divorces and cannot be waived except in extraordinary circumstances.
Regional Variances
Eastern South Dakota
As the largest city in South Dakota, Sioux Falls courts typically have more resources and specialized family law judges. Cases may move more quickly through the system compared to rural areas. The Second Judicial Circuit serving Minnehaha County also tends to have more standardized procedures for divorce filings.
Home to South Dakota State University, Brookings County courts may have more experience with divorces involving student loans and academic careers. The court may also be more familiar with handling cases where one spouse is temporarily residing elsewhere for educational purposes.
Western South Dakota
As the second-largest city in South Dakota, Rapid City's Seventh Judicial Circuit handles a significant number of divorce cases. The court may have more experience with divorces involving military personnel due to the proximity to Ellsworth Air Force Base, including specific considerations for military pensions and benefits.
This area includes Spearfish and Deadwood, and may have more experience with divorces involving tourism-based seasonal income and property valuations that fluctuate based on the tourist economy. The court may apply different standards when evaluating income stability for alimony and child support calculations.
Native American Jurisdictions
Divorces involving tribal members on the Pine Ridge Reservation may fall under the jurisdiction of tribal courts rather than state courts. The Oglala Sioux Tribal Court applies tribal law which may differ significantly from South Dakota state law regarding property division, child custody, and support obligations.
The Rosebud Sioux Tribal Court has jurisdiction over family law matters for tribal members. Jurisdictional questions can be complex when only one spouse is a tribal member or when property exists both on and off reservation land. Different procedural rules and cultural considerations may apply.
Rural Counties
In predominantly agricultural counties, courts have more experience with farm and ranch asset division, which presents unique challenges in divorce proceedings. Seasonal income, farm equipment valuation, and land inheritance issues may be handled differently than in urban areas. Courts may be more flexible with hearing schedules during planting and harvest seasons.
In counties with smaller populations, divorce proceedings may move more slowly due to limited court resources and schedules. Judges may cover multiple counties and only hold court on specific days of the month. Privacy concerns may also be heightened in communities where many people know each other.
Suggested Compliance Checklist
Determine if you meet South Dakota residency requirements
1 days after startingAt least one spouse must have been a resident of South Dakota for at least 60 days before filing for divorce. Verify that you or your spouse meets this requirement before proceeding with any paperwork.
Gather important financial and personal documents
7 days after startingCollect documents related to assets, debts, income, expenses, tax returns, property deeds, vehicle titles, insurance policies, retirement accounts, bank statements, and children's records. These will be needed for financial disclosures and property division discussions.
Draft Petition for Dissolution of Marriage
14 days after startingThis is the formal request to the court to dissolve your marriage. The petition must include basic information about both spouses, marriage date, separation date, grounds for divorce (South Dakota allows no-fault divorce based on irreconcilable differences), and requests regarding property division, child custody, and support.
Prepare Summons
14 days after startingThe summons notifies your spouse that you have filed for divorce and that they have a specific time period (typically 30 days in South Dakota) to respond. The summons must be served along with the petition.
File divorce papers with the circuit court
15 days after startingFile the Petition for Dissolution and Summons with the circuit court in the county where either you or your spouse resides. You'll need to pay a filing fee (approximately $95 in South Dakota), though fee waivers may be available for those who qualify based on financial need.
Serve divorce papers on your spouse
30 days after startingYour spouse must be legally served with the divorce papers. In South Dakota, this can be done by sheriff's service, private process server, or by having an adult who is not involved in the case deliver the papers. Your spouse can also sign an Admission of Service form. Service must be completed within 60 days of filing.
Prepare or respond with Financial Disclosure Declaration
45 days after startingBoth spouses must complete and exchange financial disclosure forms detailing all assets, debts, income, and expenses. This is a mandatory step in South Dakota divorces to ensure fair property division and appropriate support determinations.
Draft Response to Petition for Dissolution (if you're the respondent)
45 days after startingIf you were served with divorce papers, you must file a response within 30 days. The response addresses each paragraph of the petition, stating whether you agree or disagree with each statement and request. Failure to respond could result in a default judgment against you.
Develop Parenting Plan (if you have minor children)
60 days after startingCreate a detailed plan addressing legal and physical custody, visitation schedules, holiday arrangements, decision-making authority, and communication between parents. South Dakota courts prioritize the best interests of the child when reviewing parenting plans.
Complete Child Support Worksheet (if you have minor children)
60 days after startingSouth Dakota uses specific guidelines to calculate child support based on both parents' incomes and the number of children. The worksheet helps determine the appropriate amount according to state guidelines. Child support is mandatory in South Dakota when parents divorce.
Negotiate and draft Marital Settlement Agreement
75 days after startingWork with your spouse (and attorneys if applicable) to create an agreement covering property division, debt allocation, spousal support, and any other financial matters. If you can agree on terms, this will significantly streamline the divorce process.
Prepare Qualified Domestic Relations Order (QDRO) if dividing retirement accounts
90 days after startingIf you're dividing retirement accounts like 401(k)s or pensions, a QDRO is required. This special court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may have specific requirements for QDROs, so consider consulting with a specialist.
Attend mediation (if required or beneficial)
100 days after startingMany South Dakota courts require mediation for divorcing couples, especially when children are involved. Even if not required, mediation can help resolve disputes more amicably and cost-effectively than litigation. The mediator is a neutral third party who helps facilitate agreement.
Prepare for and attend court hearings
120 days after startingIf there are contested issues that cannot be resolved through negotiation or mediation, you'll need to attend court hearings. Prepare by organizing all relevant documents, understanding what issues remain contested, and being ready to present your position clearly and respectfully.
Draft Final Decree of Divorce
150 days after startingThis document finalizes the divorce and incorporates all agreements and court decisions regarding property division, support, and child custody. The judge will review and sign this decree, making it the official order that ends your marriage and establishes post-divorce obligations.
Prepare Wage Withholding Order (if applicable for support payments)
160 days after startingIn South Dakota, child support and sometimes spousal support payments are typically collected through income withholding. This order directs an employer to withhold support payments from the paying spouse's wages and send them to the South Dakota Disbursement Unit.
Update personal records and accounts after divorce
190 days after startingOnce divorced, update your name (if changed), address, beneficiary designations on insurance policies and retirement accounts, wills/estate plans, emergency contacts, and other personal records. Also update financial accounts, vehicle titles, and property deeds as specified in your divorce decree.
Comply with ongoing court orders
Ongoing days after startingEnsure you're meeting all obligations outlined in the divorce decree, including property transfers, support payments, and custody arrangements. Failure to comply can result in contempt of court charges, fines, or even jail time in extreme cases.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Determine if you meet South Dakota residency requirements | At least one spouse must have been a resident of South Dakota for at least 60 days before filing for divorce. Verify that you or your spouse meets this requirement before proceeding with any paperwork. | - | 1 |
| Gather important financial and personal documents | Collect documents related to assets, debts, income, expenses, tax returns, property deeds, vehicle titles, insurance policies, retirement accounts, bank statements, and children's records. These will be needed for financial disclosures and property division discussions. | - | 7 |
| Draft Petition for Dissolution of Marriage | This is the formal request to the court to dissolve your marriage. The petition must include basic information about both spouses, marriage date, separation date, grounds for divorce (South Dakota allows no-fault divorce based on irreconcilable differences), and requests regarding property division, child custody, and support. | Petition for Dissolution of Marriage | 14 |
| Prepare Summons | The summons notifies your spouse that you have filed for divorce and that they have a specific time period (typically 30 days in South Dakota) to respond. The summons must be served along with the petition. | Summons | 14 |
| File divorce papers with the circuit court | File the Petition for Dissolution and Summons with the circuit court in the county where either you or your spouse resides. You'll need to pay a filing fee (approximately $95 in South Dakota), though fee waivers may be available for those who qualify based on financial need. | - | 15 |
| Serve divorce papers on your spouse | Your spouse must be legally served with the divorce papers. In South Dakota, this can be done by sheriff's service, private process server, or by having an adult who is not involved in the case deliver the papers. Your spouse can also sign an Admission of Service form. Service must be completed within 60 days of filing. | - | 30 |
| Prepare or respond with Financial Disclosure Declaration | Both spouses must complete and exchange financial disclosure forms detailing all assets, debts, income, and expenses. This is a mandatory step in South Dakota divorces to ensure fair property division and appropriate support determinations. | Financial Disclosure Declaration | 45 |
| Draft Response to Petition for Dissolution (if you're the respondent) | If you were served with divorce papers, you must file a response within 30 days. The response addresses each paragraph of the petition, stating whether you agree or disagree with each statement and request. Failure to respond could result in a default judgment against you. | Response to Petition for Dissolution | 45 |
| Develop Parenting Plan (if you have minor children) | Create a detailed plan addressing legal and physical custody, visitation schedules, holiday arrangements, decision-making authority, and communication between parents. South Dakota courts prioritize the best interests of the child when reviewing parenting plans. | Parenting Plan | 60 |
| Complete Child Support Worksheet (if you have minor children) | South Dakota uses specific guidelines to calculate child support based on both parents' incomes and the number of children. The worksheet helps determine the appropriate amount according to state guidelines. Child support is mandatory in South Dakota when parents divorce. | Child Support Worksheet | 60 |
| Negotiate and draft Marital Settlement Agreement | Work with your spouse (and attorneys if applicable) to create an agreement covering property division, debt allocation, spousal support, and any other financial matters. If you can agree on terms, this will significantly streamline the divorce process. | Marital Settlement Agreement | 75 |
| Prepare Qualified Domestic Relations Order (QDRO) if dividing retirement accounts | If you're dividing retirement accounts like 401(k)s or pensions, a QDRO is required. This special court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may have specific requirements for QDROs, so consider consulting with a specialist. | Qualified Domestic Relations Order (QDRO) | 90 |
| Attend mediation (if required or beneficial) | Many South Dakota courts require mediation for divorcing couples, especially when children are involved. Even if not required, mediation can help resolve disputes more amicably and cost-effectively than litigation. The mediator is a neutral third party who helps facilitate agreement. | - | 100 |
| Prepare for and attend court hearings | If there are contested issues that cannot be resolved through negotiation or mediation, you'll need to attend court hearings. Prepare by organizing all relevant documents, understanding what issues remain contested, and being ready to present your position clearly and respectfully. | - | 120 |
| Draft Final Decree of Divorce | This document finalizes the divorce and incorporates all agreements and court decisions regarding property division, support, and child custody. The judge will review and sign this decree, making it the official order that ends your marriage and establishes post-divorce obligations. | Final Decree of Divorce | 150 |
| Prepare Wage Withholding Order (if applicable for support payments) | In South Dakota, child support and sometimes spousal support payments are typically collected through income withholding. This order directs an employer to withhold support payments from the paying spouse's wages and send them to the South Dakota Disbursement Unit. | Wage Withholding Order | 160 |
| Update personal records and accounts after divorce | Once divorced, update your name (if changed), address, beneficiary designations on insurance policies and retirement accounts, wills/estate plans, emergency contacts, and other personal records. Also update financial accounts, vehicle titles, and property deeds as specified in your divorce decree. | - | 190 |
| Comply with ongoing court orders | Ensure you're meeting all obligations outlined in the divorce decree, including property transfers, support payments, and custody arrangements. Failure to comply can result in contempt of court charges, fines, or even jail time in extreme cases. | - | Ongoing |
Frequently Asked Questions
To file for divorce in South Dakota, either you or your spouse must have been a resident of the state for at least 90 days immediately before filing the divorce petition. This residency requirement must be met regardless of where you were married.
Yes, South Dakota allows for no-fault divorce. You can file for divorce based on 'irreconcilable differences,' which means the marriage is irretrievably broken. However, South Dakota also recognizes fault-based grounds such as adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, and conviction of a felony.
South Dakota follows 'equitable distribution' principles, which means marital property is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse's economic circumstances, contributions to the marriage (including homemaking), and each spouse's earning capacity. Property acquired before marriage or through inheritance/gifts typically remains separate property.
Child custody decisions in South Dakota are based on the 'best interests of the child' standard. The court considers factors such as the child's relationship with each parent, stability of each home environment, each parent's ability to provide for the child's needs, and the child's preferences (if they're old enough). South Dakota courts generally favor arrangements that allow both parents to maintain meaningful relationships with their children.
South Dakota uses the 'income shares model' to calculate child support, which considers both parents' incomes and the number of children. The state has established guidelines that determine the basic support obligation. Additional factors like healthcare costs, childcare expenses, and parenting time arrangements may adjust the final amount. Child support typically continues until the child turns 18 or graduates high school, whichever occurs later.
South Dakota does not have a mandatory waiting period between filing for divorce and the finalization. However, the practical timeline depends on court schedules, whether the divorce is contested, and how quickly the required paperwork is completed. An uncontested divorce might be finalized in as little as 60 days, while contested divorces can take significantly longer.
Yes, courts in South Dakota may award alimony (spousal support) based on factors such as the length of the marriage, each spouse's financial resources, age, health, earning capacity, and the standard of living established during the marriage. Alimony can be temporary, rehabilitative (to help a spouse become self-supporting), or permanent in some cases. The amount and duration are determined on a case-by-case basis.
While you're not legally required to have a lawyer to get divorced in South Dakota, it's highly recommended, especially if your case involves children, significant assets, or disputes. If you have an uncontested divorce with simple property division and no children, you might be able to use the state's self-help resources. The South Dakota Unified Judicial System provides some forms online for self-represented litigants.
Legal separation in South Dakota allows couples to live apart with court orders regarding property, support, and child custody, but they remain legally married. Unlike divorce, legal separation doesn't terminate the marriage, so neither spouse can remarry. Some choose legal separation for religious reasons, to maintain health insurance benefits, or as a trial period before deciding on divorce. The process for obtaining a legal separation is similar to divorce.
To start a divorce in South Dakota, you must file a Summons and Complaint for Divorce with the circuit court in the county where either you or your spouse resides. You'll need to pay a filing fee (approximately $95, though fee waivers are available for those who qualify). After filing, you must serve these documents to your spouse according to state law, either through personal service by a sheriff or process server, or by your spouse signing an Admission of Service form.