- Residency requirement
- Resident at time of filing
- Waiting period
- 60 days after service
- Grounds
- No-fault and fault-based
- Property division
- Equitable distribution
- Where to file
- Circuit Court
Residency requirements in South Dakota
Before a South Dakota court can grant a divorce, residency must be established: Resident at time of filing. If you recently moved, you may need to wait or file in the state where you or your spouse previously lived.
Grounds for divorce
South Dakota allows no-fault divorce and also recognizes fault-based grounds (such as adultery, cruelty, or abandonment). Fault can sometimes affect support or property outcomes, so it’s worth discussing with an attorney.
How long a divorce takes in South Dakota
The mandatory waiting period is 60 days after service. Uncontested cases often finish soon after that period ends, while contested cases can take many months depending on the issues and the court’s calendar.
Dividing property and debt
South Dakota follows equitable distribution. Courts divide marital property fairly, which isn’t always 50/50, considering factors like the length of the marriage, each spouse’s income and contributions, and future needs.
Custody and child support
South Dakota courts decide custody based on the best interests of the child and calculate child support using state guidelines based on both parents’ incomes. Parents are encouraged to agree on a parenting plan.
Filing in South Dakota
Divorce cases are filed in the Circuit Court in the county where you or your spouse lives. Filing fees vary by county; fee waivers are available if you qualify. Most courts post forms and self-help resources online.
Related: How to file for divorce · Child custody explained
Laws change. This summary is general information for South Dakota and may not reflect the latest updates or local court rules. Confirm details with a licensed South Dakota attorney.
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