Everything to Know About Divorce in South Dakota
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
If you're navigating a divorce in South Dakota, it's crucial to be informed about the legal procedures and requirements. This guide provides a thorough overview to assist you through the process.
Prerequisites
Residency requirements
There is no specific length of residency or waiting period before beginning a divorce. However, you must be a resident "in good faith." To file for divorce in South Dakota, at least one spouse must have their primary residence in the state or be a member of the military stationed in South Dakota at the time of filing.
Grounds for divorce
South Dakota recognizes both no-fault and fault-based grounds for divorce.
- No-fault: Irreconcilable differences leading to the breakdown of the marriage.
- Fault-based: Includes adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, and conviction of a felony.
Waiting period & separation
There are no requirements before filing for divorce.
How to file for divorce in South Dakota
- Determine the appropriate court: File in the Circuit Court of the county where either spouse resides.
- Complete required forms: Summons and Complaint for Divorce, Financial Affidavit, Child Support Worksheet (if applicable), and a Parenting Plan (if children are involved).
- File the forms: Submit the completed forms to the court clerk and pay the filing fee.
- Serve the other party via an acceptable means.
- Attend court hearings: Participate in any required hearings or mediation sessions.
Cost of divorce & filing fees
- Filing fee: $95 to $120, depending on the county.
- Service of Process fee: Typically ranges from $50 to $75.
- Fee waivers: Available for individuals who cannot afford the fees.
- Other costs include litigation fees and other professional services.
Property, assets & debt division
South Dakota follows the principle of equitable distribution, meaning marital property is divided fairly, though not necessarily 50/50.
Spousal support (alimony)
The court considers a number of factors in deciding whether or not to award alimony, including the length of the marriage, the value of their property, ages of the sppouses and their health, and the contributions of each.
Alimony may be set for a timeframe, until remarriage, or until the death of one spouse. Alimony can be increased or decreased either if the ex-spouses agree to change it or by court order. Alimony cannot be awarded later if it is not requested in the divorce.
Child support & custody
Custody
Parental rights are determined based on the best interests of the child, considering factors like the child's relationship with each parent, the child's adjustment to home and school, and the mental and physical health of all individuals involved.
Support
Calculated using the South Dakota Child Support Guidelines, which consider both parents' incomes and the needs of the child.
Military divorce
Military divorces follow the same procedures as civilian divorces but must also comply with federal laws like the Servicemembers Civil Relief Act (SCRA), which can affect timelines and proceedings.
Legal separation and annulment
- Legal Separation: Permitted in South Dakota and allows couples to live separately without ending the marriage.
- Annulment: Declares the marriage null and void, as if it never occurred, based on specific legal grounds. Annulments are rarely granted.
E-filing
South Dakota offers electronic filing for certain cases but is not widely available. Check with your local court for availability.
After divorce: steps to take
There are several to-dos after divorce, including but not limited to:
- Updating personal records (e.g., Social Security, driver's license).
- Revising estate planning documents.
- Adjusting or adding insurance policies and beneficiaries.
- Implementing your parenting plan and child support arrangements.
Legal help and divorce resources
Divorce is a major change, but with the right tools, you can handle it one step at a time. Schedule a call with us to ask your questions—no cost or obligation.
