How to File for Divorce in South Dakota
Divorces in South Dakota are filed in Circuit Court. South Dakota is an equitable distribution state and allows both no-fault irreconcilable differences and fault grounds. Many cases resolve by agreement and short hearing.
Requirements to File
You may file if at least one spouse is a South Dakota resident when the case begins. File in Circuit Court in a proper county, often where either spouse resides. There is no pre-filing separation requirement. Timelines vary by service, disclosures, settlement, and your court’s calendar.
Step-by-Step Process
Step 1: Choose your path and prepare forms. For a cooperative case, draft a Summons and Complaint with a proposed Marital Settlement Agreement and financial affidavits. With children, prepare a Parenting Plan.
Step 2: File with the clerk. File at the Circuit Court clerk for the proper county. Pay the filing fee or request a fee waiver if needed.
Step 3: Serve your spouse. Use sheriff or process server, mail with acknowledgment where allowed, or obtain a written acceptance. If you cannot locate your spouse after diligent efforts, request alternate service. Keep proof of service.
Step 4: Observe deadlines and exchange disclosures. The respondent must answer within the civil response window set by court rules. Exchange complete financial information early to keep settlement on track.
Step 5: Settlement or hearing. If you settle, submit your Settlement Agreement, child-related orders if applicable, and a proposed Decree of Divorce. If disputes remain, the court may set case management, mediation, and hearings.
Step 6: Final decree. After review (and any required appearance), the court issues a Decree of Divorce covering property/debt division, alimony if any, custody/parenting time, child support, and any name change. Obtain certified copies.
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FAQs
Do I have to be a resident for a certain time to file in South Dakota?
You must be a resident when you file; there is no set duration requirement before filing.
Which court handles divorces in South Dakota?
The Circuit Court in a proper county, typically where either spouse resides.
How long does a South Dakota divorce take?
Timing depends on service, disclosures, settlement, and court scheduling. Many uncontested cases resolve on paperwork plus a brief hearing.
