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.