equitable distributionNo-Fault and Fault

Divorce in South Dakota

South Dakota allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires the spouse who files to be a South Dakota resident (or stationed there in the armed services) when the case is filed. No-fault divorce is based on irreconcilable differences.

Quick Facts

Residency Requirement

Residency at time of filing

Waiting Period

60 days after service

Filing Fee (approximate, varies by county)

$100-$250

Property Division

equitable distribution

Grounds for Divorce

  • Irreconcilable differences
  • Adultery
  • Extreme cruelty
  • Willful desertion

Key Facts

  • South Dakota has no specific durational residency requirement
  • A divorce for irreconcilable differences needs both spouses' consent, unless one spouse has not appeared in the case
  • Property is divided by equitable distribution
  • Both fault and no-fault grounds are available
  • A divorce cannot be heard until at least 60 days after the summons and complaint are served

Child Custody

South Dakota courts determine custody based on the best interests of the child. The court considers the quality of each parent's relationship with the child, the ability of each parent to provide for the child's needs, and the adjustment of the child to home, school, and community.

Alimony / Spousal Support

South Dakota courts may award alimony for a reasonable period based on the duration of the marriage, each party's earning capacity, the financial condition of each spouse, and the standard of living during the marriage. Fault may be considered.

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FAQs

Common questions about divorce in South Dakota

The spouse who files must be a South Dakota resident, or stationed there in the armed services, when the case is filed. There is no minimum length of residency, and the filing spouse does not have to keep living there until the decree.

A South Dakota divorce cannot be heard or decided until at least 60 days after the summons and complaint are served. After that, timing depends on whether you agree and on the court's schedule.

Neighboring States

All States

Disclaimer: Anew provides educational information and planning tools only. This is not legal advice. Every divorce situation is unique. Always consult a licensed family law attorney in your state for advice specific to your situation.