Important Information About Divorce in South Dakota

What is the waiting period in South Dakota?

60 days

Do you need to be separated before filing for divorce in South Dakota? if so, how long?

What is the property (e.g., separate property / equitable property) in South Dakota?

Equitable Distribution

What is the filing fee in South Dakota?

$95

Is joint petition possible in South Dakota?

How do you waive filing fee in South Dakota?

Fill out form https://ujs.sd.gov/media/forms/divorce/UJS%20305%20-%20Affidavit%20of%20Indigency.pdf

What are the annulment rules in South Dakota?

- Unsound mind – one spouse has a mental disability at the time of marriage, such as retardation or insanity.
- Underage – one spouse was below the legal age to be married.
- Duress – one spouse was forced to get married.
- Fraud – one spouse defrauded the other into getting married.

Is there a faster way to divorce in South Dakota? (e.g., summary dissolution in ca)

In a South Dakota uncontested divorce, the spouses must agree on all major issues in the divorce, including:

the grounds for divorce (your reason for ending the relationship)
custody and visitation of any minor children
child support, health, and dental insurance coverage and out-of-pocket expenses
division of real property
division of debts and assets
spousal support or alimony, and any other issues related to the marriage.

What are the parties divorcing called in South Dakota?

Plaintiff/Defendant

What are the methods of serving the petition (or equivalent) + can the respondent waive service in South Dakota?

In divorces where the parties are agreeable to the terms, the Defendant will often times agree to accept service, avoiding the need to have a Sheriff or private process server serve him/her. This means that as the Plaintiff, you may hand-deliver copies of the above itemized documents to the Defendant and the Defendant signs the Admission of Service of Summons (with Minor Children), South Dakota Parenting Guidelines and Complaint with Minor Children. The Defendant neither admits nor denies the contents of the documents; he/she merely admits that they received the documents on the specified date. https://ujs.sd.gov/uploads/forms/divorce/UJS314%20Instructions%20for%20Service%20of%20Summons%20With%20Children%20et%20al.pdf

What are the residency requirements for divorce in South Dakota?

No length of residency or waiting period before beginning the action is required. However, you must be a resident "in good faith."

Does it matter who files first in South Dakota?

No, but note: You must file your divorce in the circuit court in the county of residence of either spouse. The non-filing spouse (the "defendant") has the right to have the place of trial changed to the county where they live. (S.D. Codified Laws § 25-4-30.1 (2022).)

What is the deadline for the response (or equivalent) in South Dakota?

30 days

Are the parties required to go to court in South Dakota?

Uncontested divorce cases do not require a court appearance.

What are there requirements before you can file or finalize your divorce in South Dakota(like classes, etc)?

Parenting class is only required in certain counties

What is the is separation required before you can finalize your divorce in South Dakota?

Is South Dakota a no-fault state?

Both.

If fault, what are the grounds in South Dakota?

Adultery, extreme cruelty (including bodily injury or grievous mental suffering), willful desertion, willful neglect, habitual intemperance, conviction of a felony, and chronic mental illness

Is there permanent alimony/spousal support in South Dakota?

In certain cases, yes.

Is there alimony/spousal support rules in South Dakota?

Discretion of the judge. The court considers a number of factors in deciding whether or not to award alimony. These factors include: the length of the marriage; the value of the property of each of the parties; the ages of the parties; their health and competency to work; the contributions of each of the parties to the accumulations of the marital property and the relative fault of the parties for the breakup of the marriage. Alimony may be set for a term of years, until remarriage of the receiving spouse, or until the death of either spouse. Alimony, if originally awarded, may be increased or decreased either by agreement of the parties or by court order. Alimony cannot be awarded later if it is not awarded in the divorce.

What is the child support rules in South Dakota?

https://dss.sd.gov/childsupport/obligationsdetermined.aspx

What are the military divorce rules in South Dakota?

To get a divorce in South Dakota, you must be a resident of South Dakota or a member of the military stationed in South Dakota at the time you file. Uniformed Services Former Spouse Protection Act (USFSPA), Service Member’s Civil Relief Act (SCRA) rules apply.=

Is there an official spousal support calculator in South Dakota?

Is there an official child support calculator in South Dakota?

https://apps.sd.gov/ss17pc02cal/Calculator.aspx

When are you able to file taxes as a single person in South Dakota?

You can file as a single person if you are divorced or legally seperated on or before Dec 31st

Can parties legally separate in South Dakota?

Where do you file for divorce in South Dakota? (e.g., resident county, etc.)?

Take forms to clerk of the court in the place that either spouse resides.

What is the what are the rules for filing in this place? in South Dakota?

Take forms to clerk of the court in the place that either spouse resides. There is no residency requirement -- i.e. no minimum number of days required for residency to be established.

What are the primary documents generated for divorce called in South Dakota?

Civil Case Filing Statement
Summons
Complaint

Can you change your name during the divorce process in South Dakota?

“Whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. All decrees of divorce previously entered restoring to the divorced woman her former name under this section are declared legal and valid and effective from their date of entry.” [South Dakota Codified Laws; Title 25, Chapter 25-4-47].

Can you finalize your divorce while pregnant in South Dakota?

You can file but the court may not finalize until baby is born.

If you can't divorce while pregnant, what are the rules to get a divorce after pregnancy in South Dakota?

Child custody and child visitation must be resolved before a final settlement can be reached.

Information on ending domestic partnerships (formerly "can you end a domestic partnership at the same time as divorce") in South Dakota?

South Dakota does not recognize Domestic Partnership

Are financial disclosures required in South Dakota?

Both parties need to complete a separate Financial Affidavit Form and submit the same to the Court.

What is the is there free legal help for divorce in South Dakota?

https://ujslawhelp.sd.gov/DivorceSelfRepLitigant.aspx

Is there common law marriage in South Dakota?

SD does not recognize common law marriage consummated after 1959.

Is there e-filing in South Dakota?

Self Represented litigants cannot use the e-filing system https://ujs.sd.gov/media/odyssey/file_serve_faq.pdf

Is the court required in South Dakota?

Are you required to appear in court at any point in the divorce process in South Dakota?

The law doesn't require either spouse to attend a final divorce hearing for uncontested divorces. Instead, if there are no problems with the divorce paperwork, once the 60-day waiting period expires, a judge will sign the Final Judgment or Decree of Divorce and finalize your divorce.

Sources:

https://ujs.sd.gov/
https://ujslawhelp.sd.gov

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Summary

Table of Contents

Marriage & Divorce Laws in South Dakota

South Dakota Finances, Property and Support

Other Important Topics about Divorce in South Dakota

Related Topics

Top Resources for Divorce in South Dakota