Dating After Divorce at 40 and Beyond in South Dakota: 2026 Complete Guide

By Antonio G. Jimenez, Esq.South Dakota16 min read

At a Glance

Residency requirement:
South Dakota has no minimum residency duration requirement. Under SDCL § 25-4-30, you must simply be a resident of South Dakota (or a military member stationed there) at the time you file for divorce. You do not need to have lived in the state for any specific number of months or years before filing.
Filing fee:
$95–$120
Waiting period:
South Dakota uses the Income Shares Model to calculate child support under SDCL Chapter 25-7. Both parents' combined monthly net incomes are used to determine the total child support obligation from a standardized schedule, and that obligation is then divided proportionally between the parents based on their respective net incomes. The noncustodial parent's proportionate share establishes the child support payment amount.

As of May 2026. Reviewed every 3 months. Verify with your local clerk's office.

Need a South Dakota divorce attorney?

One personally vetted attorney per county — by application only

Find Yours

Entering the dating world after divorce at 40 or beyond in South Dakota requires both emotional readiness and understanding of your legal standing as a single person. Under SDCL § 25-4-34, South Dakota imposes a mandatory 60-day waiting period before your divorce becomes final, and you cannot legally remarry until your decree is entered. The good news: research from AARP shows that 75% of women in their 50s establish a serious, exclusive relationship within two years of divorce, and 81% of men do the same. South Dakota's unique no-minimum-residency requirement under SDCL § 25-4-30 means your divorce can be finalized relatively quickly once initiated, allowing you to move forward with your personal life sooner than in most states.

Key FactsSouth Dakota
Filing Fee$97 (as of March 2026)
Waiting Period60 days mandatory
Residency RequirementMust be resident at filing (no minimum duration)
Grounds for DivorceNo-fault (irreconcilable differences) or 6 fault-based
Property DivisionEquitable distribution (all-property state)
Legal to DateAfter divorce decree is final

When You Can Legally Start Dating in South Dakota

South Dakota law does not prohibit dating during a pending divorce, but beginning a new relationship before your decree is finalized carries significant legal and financial risks that can affect property division and custody outcomes. Under SDCL § 25-4-45.1, South Dakota courts generally do not consider marital fault when dividing property, except when that fault directly impacted the marital estate. Dating during divorce proceedings can be characterized as adultery under SDCL § 25-4-3, which remains a fault-based ground for divorce and could influence judicial discretion in borderline property division cases.

The safest approach is waiting until your divorce decree is entered by the court, which occurs no sooner than 60 days after your spouse is served under SDCL § 25-4-34. For uncontested divorces in South Dakota, the typical timeline runs 2 to 4 months from filing to final decree. Contested cases involving custody disputes or substantial assets typically require 6 to 12 months or longer. South Dakota circuit courts require completion of all property division, custody arrangements, and support calculations before entering the final decree.

Once your divorce is final, you are legally single and free to date, cohabitate, or remarry without restrictions under South Dakota law. The court retains no jurisdiction over your personal relationships after the decree is entered. Your divorce decree serves as legal proof of your single status should any questions arise in future relationships or if you decide to remarry.

Understanding Gray Divorce Statistics and Your Prospects

Gray divorce (divorce among adults aged 50 and older) now represents 36% of all U.S. divorces, a dramatic increase from just 8.7% in 1990, according to Pew Research Center data from October 2025. The gray divorce rate climbed from 3.9 per 1,000 married women over 50 in 1990 to approximately 10.3 per 1,000 by 2023, where it has stabilized. For adults 65 and older, divorce rates have roughly tripled since 1990, making this the only age demographic where divorce rates continue to increase.

South Dakota divorced individuals face a dating landscape with distinct characteristics. WalletHub ranked South Dakota 49th for dating opportunities but 2nd for dating economics, meaning dates are affordable but finding compatible partners presents challenges. Matchmaking professionals in Sioux Falls report significant gender imbalance in the 40 to 59 age bracket, with substantially more women seeking partners than men at speed-dating events. Demand among women consistently exceeds supply of participating men.

The median duration of marriages ending in gray divorce is approximately 23 years, meaning most people dating after 40 in South Dakota are exiting long-term relationships and re-entering a dating environment that has transformed dramatically since their single years. Nearly half (48%) of those divorcing at age 50 or older are ending a second or subsequent marriage, which carries inherently higher dissolution risk according to the National Center for Family and Marriage Research.

Financial Considerations for Dating After Divorce

Women over 50 experience a 45% decline in their standard of living after divorce compared to 21% for men, according to research published in the Journal of Gerontology. This financial disparity directly impacts dating after divorce at 40 and beyond, as economic stability influences everything from housing choices to entertainment budgets to retirement planning. South Dakota's equitable distribution system under SDCL § 25-4-44 divides property based on fairness rather than equal 50/50 splits, meaning outcomes vary significantly based on individual circumstances.

Cost CategoryDating After Divorce Impact
Housing35-40% of budget typical for single households
Dating Expenses$150-300 monthly average for active daters
Personal Appearance$100-200 monthly (wardrobe, grooming)
Dating App Subscriptions$30-60 monthly for premium features
Childcare (if applicable)$200-500 per dating night out

South Dakota divorce costs range from $250 to $500 for uncontested DIY filings to $15,000 to $30,000 for contested cases with attorney representation. Attorney fees in South Dakota average $200 per hour, below the national average. The base filing fee is $97, consisting of a $50 court filing fee, $40 automation surcharge, and $7 law library fee. If you cannot afford filing fees, South Dakota permits fee waivers through Form UJS-022 for households at or below 125% of federal poverty guidelines.

Before actively dating, ensure your finances are stabilized post-divorce. Create a budget that accounts for dating expenses without compromising essential obligations like housing, utilities, insurance, and any court-ordered support payments. South Dakota courts can modify spousal support under SDCL § 25-4-41 if circumstances change substantially, but cohabitation with a new partner may trigger such modifications depending on your decree's specific language.

Best Dating Apps and Sites for Divorced People Over 40

Singles ages 50 to 70 now dominate today's dating landscape, with a 23% increase in adults in this age range joining online dating platforms since 2022. Choosing the right platform significantly impacts your dating success. According to Pew Research, adults under 50 favor Tinder, Bumble, and Hinge, while those over 50 gravitate toward Match and eHarmony for their focus on serious relationships and compatibility matching.

PlatformBest ForMonthly CostKey Feature
eHarmonySerious relationships$35-65Lowest divorce rate among marriages formed
MatchOver-40 professionals$24-45Large user base, established reputation
OurTimeSingles 50+$24-36Age-specific community
StirDivorced parents$30-40Single parent features
ZooskWide age range$25-3040 million users worldwide

eHarmony was named Best Dating Site of 2026 by Datezie editors, with a peer-reviewed University of Florida and Gonzaga University study confirming that eHarmony marriages have the lowest divorce rate and highest marital satisfaction of any major matchmaking service. Over 2 million couples have found love through the platform. The guided communication feature particularly benefits people returning to dating after divorce, walking users through early conversations and reducing first-message anxiety.

For South Dakota specifically, professional matchmaking services like Introductions Inc. in Sioux Falls report increased interest as singles seek more personal, human-centered dating experiences. Matchmakers note that clients in their 40s and 50s who married young often need guidance on "the reality of dating in 2026." Midwest singles typically prioritize core values and family compatibility over the "ephemeral things" that may drive coastal dating preferences.

Most successful mature daters invest 2 to 6 months of consistent active effort before finding serious relationships through apps. Timeline varies dramatically based on location (South Dakota's smaller population means a smaller dating pool), effort level, profile quality, and realistic standards. Start with mainstream platforms like Match or eHarmony for the largest user pools before trying age-specific alternatives.

Emotional Readiness for Dating Over 40 After Divorce

The biggest fear of divorce, identified by 45% of all respondents in AARP's study of midlife divorce, was the prospect of being alone. However, 80% of divorced individuals reported either a somewhat or very positive outlook on their life at present, suggesting that the fear often exceeds the reality. Dating after divorce at 40 requires honest self-assessment of emotional readiness before investing time and emotional energy in new relationships.

Psychologists recommend allowing approximately one year of healing for every five years of marriage before seriously dating. A 20-year marriage would suggest a 4-year recovery period, though individual circumstances vary significantly. Signs of emotional readiness include: thinking about your ex without intense emotional reactions, accepting your role in the marriage's end, feeling optimistic about your future, and having clear understanding of what you want in a new partner.

South Dakota offers mental health resources through the South Dakota Division of Behavioral Health for those struggling with post-divorce adjustment. Group therapy, individual counseling, and divorce support groups throughout Sioux Falls, Rapid City, and Aberdeen provide structured environments for processing divorce-related emotions before entering the dating pool. Insurance coverage varies, but many plans cover mental health services under parity requirements.

Common pitfalls for midlife daters after divorce include rushing into new relationships to avoid loneliness, comparing every potential partner to your ex-spouse, using dating apps as an ego boost rather than genuine connection, and ignoring red flags because you fear being alone. Successful dating over 40 after divorce requires patience, self-awareness, and willingness to learn from past relationship patterns.

Dating as a Divorced Parent in South Dakota

South Dakota courts determine custody based on the best interests of the child under SDCL § 25-4-45, and introducing children to new romantic partners too quickly can negatively impact custody arrangements. Most family therapists recommend waiting 6 to 12 months of serious, exclusive dating before introducing a new partner to your children. Younger children generally need longer adjustment periods than teenagers.

Child's AgeRecommended Wait Before Introduction
Under 59-12 months of exclusive dating
5-10 years6-9 months of exclusive dating
11-15 years4-6 months of exclusive dating
16+ years3-4 months of exclusive dating

South Dakota parenting plans established during divorce should address overnight guests and cohabitation. If your decree contains specific provisions about romantic partners during parenting time, violating those terms can constitute grounds for contempt or custody modification. Review your decree carefully before introducing children to new partners or allowing overnight stays during your custody time.

Apps like Stir cater specifically to single parents, allowing users to coordinate dating around custody schedules. For South Dakota parents with joint custody arrangements, maximizing dating opportunities during non-custodial time reduces complications. Be transparent with potential partners about your parenting responsibilities early in the relationship. Divorced people dating over 40 often have custody obligations, and partners who cannot accommodate children's needs are fundamentally incompatible.

Cohabitation with a new partner can trigger custody modification proceedings if your ex-spouse argues the arrangement negatively impacts the children. South Dakota courts evaluate overnight guests and cohabitation as factors in determining whether modification serves the children's best interests. Document that any new partner has passed background checks and poses no safety concerns if custody disputes arise.

Remarriage Considerations After Divorce in South Dakota

South Dakota imposes no waiting period between divorce finalization and remarriage. Once your decree is entered by the circuit court, you can obtain a marriage license the same day if desired. The marriage license fee in South Dakota is $40, and there is no waiting period between obtaining the license and the ceremony. Blood tests are not required. Licenses are valid for 20 days from issuance.

Remarriage StatisticPercentage
Divorced women who remarry52%
Divorced men who remarry64%
Remarriages ending in divorce60%
Median time to remarriage (women)3.5 years
Median time to remarriage (men)3.1 years

Second marriages have a 60% divorce rate compared to approximately 41% for first marriages, according to the American Psychological Association. This higher failure rate stems partly from bringing unresolved issues from previous marriages, blended family complications, and financial complexities involving prior obligations. Premarital counseling significantly improves second marriage outcomes and is particularly valuable for couples where one or both partners were previously divorced.

If you remarry after divorce in South Dakota, your new marriage does not automatically terminate spousal support obligations from your prior marriage. Under SDCL § 25-4-41, alimony modifications require court approval and demonstration of substantial change in circumstances. However, many divorce decrees include provisions terminating spousal support upon the recipient's remarriage. Review your specific decree language before assuming remarriage affects support obligations.

Blended family estate planning requires special attention. South Dakota intestacy laws under SDCL Chapter 29A would distribute your assets according to statutory formulas that may not reflect your intentions for stepchildren versus biological children. Consult an estate planning attorney to update wills, trusts, beneficiary designations, and powers of attorney after remarriage.

South Dakota-Specific Dating Resources and Communities

South Dakota's population of approximately 920,000 creates a smaller dating pool than metropolitan areas, requiring strategic approaches to meeting potential partners. Sioux Falls (population 200,000+) offers the most dating opportunities, followed by Rapid City (approximately 80,000). Rural areas present additional challenges, with some residents reporting that social options are limited to casinos and bars.

Professional matchmaking services have seen increased demand in South Dakota as singles seek alternatives to dating apps. These services typically charge $1,000 to $10,000+ depending on service level but offer personalized screening and introduction services. For divorced professionals over 40, matchmaking eliminates the fatigue of swiping and provides curated introductions based on compatibility criteria.

Local singles events in South Dakota include speed dating (most common in Sioux Falls, with periodic events in Rapid City and Aberdeen), hiking and outdoor activity groups through organizations like Meetup, church singles groups across denominations, and professional networking events through chambers of commerce and industry associations. The South Dakota State Fair, held annually in Huron, draws singles from across the state and provides low-pressure social opportunities.

For those open to long-distance relationships, South Dakota's central location provides reasonable driving access to Minneapolis-St. Paul (4 hours from Sioux Falls), Omaha (3 hours from Sioux Falls), and Denver (6 hours from Rapid City). Dating apps can be configured to expand geographic range, significantly increasing the potential dating pool for South Dakota residents willing to travel.

Frequently Asked Questions

How long should I wait after my South Dakota divorce to start dating?

South Dakota law permits dating immediately after your divorce decree is entered by the circuit court, which occurs no sooner than 60 days after service under SDCL § 25-4-34. However, psychologists recommend allowing approximately one year of healing per five years of marriage before seriously dating. Starting too soon risks carrying unresolved emotional baggage into new relationships.

Can dating during my pending divorce affect my settlement in South Dakota?

Dating during a pending South Dakota divorce can negatively impact your case even though SDCL § 25-4-45.1 generally excludes fault from property division. Courts retain discretion to consider fault that directly affected the marital estate, and new relationships may be characterized as adultery under SDCL § 25-4-3. New relationship expenses could be viewed as dissipation of marital assets.

What percentage of divorced people over 40 find new partners?

According to AARP research on midlife divorce, 75% of women and 81% of men in their 50s establish serious, exclusive relationships within two years of divorce. Approximately 52% of divorced women and 64% of divorced men eventually remarry, with median times of 3.5 years and 3.1 years respectively. Success depends heavily on emotional readiness and realistic expectations.

Which dating apps work best for divorced people over 40 in South Dakota?

eHarmony and Match consistently rank highest for serious relationships among over-40 daters, with eHarmony marriages showing the lowest divorce rate of any major platform per University of Florida research. For South Dakota specifically, larger platforms provide more matches in the state's smaller population. OurTime caters specifically to 50+ singles seeking age-appropriate communities.

How do I introduce a new partner to my children after divorce?

Most family therapists recommend waiting 6 to 12 months of exclusive, serious dating before introducing new partners to children. Review your South Dakota parenting plan for any provisions regarding romantic partners during custody time. Initial introductions should be brief, casual, and in neutral locations. Allow children to adjust gradually rather than immediately integrating partners into family routines.

Does remarriage affect my spousal support in South Dakota?

Remarriage can terminate spousal support obligations depending on your specific divorce decree language. Under SDCL § 25-4-41, modifications require court approval and demonstrated substantial change in circumstances. Many decrees include automatic termination upon recipient remarriage, but some do not. Cohabitation without marriage may also trigger modification depending on decree provisions.

What are the biggest challenges for midlife dating in South Dakota?

South Dakota ranks 49th for dating opportunities according to WalletHub, with challenges including small population density, gender imbalance (more women than men seeking partners in the 40-59 age range), limited urban centers, and social scenes that revolve around bars and casinos in rural areas. Successful South Dakota daters often expand their geographic search radius to neighboring states.

How much does dating cost after divorce?

Active daters typically spend $150 to $300 monthly on dating expenses including meals, entertainment, and activities. Premium dating app subscriptions cost $30 to $60 monthly. Personal appearance investments (wardrobe, grooming) add $100 to $200 monthly. Single parents must factor childcare costs of $200 to $500 per dating night. Budget carefully given the documented 45% decline in women's living standards post-divorce.

Is South Dakota a good state for dating over 40?

South Dakota presents mixed dating prospects for those over 40. The state ranks 49th for dating opportunities due to small population and limited urban options, but 2nd for dating economics, making it affordable to date. Sioux Falls offers the most opportunities with approximately 200,000 residents. Success often requires expanding geographic preferences, utilizing matchmaking services, or being open to long-distance relationships.

When can I remarry after divorce in South Dakota?

South Dakota imposes no waiting period between divorce finalization and remarriage. Once your decree is entered by the circuit court, you can apply for a marriage license immediately. The license fee is $40 with no waiting period between license issuance and ceremony. Licenses remain valid for 20 days. However, second marriages have a 60% divorce rate, so many experts recommend substantial dating periods before remarriage.

Frequently Asked Questions

How long should I wait after my South Dakota divorce to start dating?

South Dakota law permits dating immediately after your divorce decree is entered by the circuit court, which occurs no sooner than 60 days after service under SDCL § 25-4-34. However, psychologists recommend allowing approximately one year of healing per five years of marriage before seriously dating. Starting too soon risks carrying unresolved emotional baggage into new relationships.

Can dating during my pending divorce affect my settlement in South Dakota?

Dating during a pending South Dakota divorce can negatively impact your case even though SDCL § 25-4-45.1 generally excludes fault from property division. Courts retain discretion to consider fault that directly affected the marital estate, and new relationships may be characterized as adultery under SDCL § 25-4-3. New relationship expenses could be viewed as dissipation of marital assets.

What percentage of divorced people over 40 find new partners?

According to AARP research on midlife divorce, 75% of women and 81% of men in their 50s establish serious, exclusive relationships within two years of divorce. Approximately 52% of divorced women and 64% of divorced men eventually remarry, with median times of 3.5 years and 3.1 years respectively. Success depends heavily on emotional readiness and realistic expectations.

Which dating apps work best for divorced people over 40 in South Dakota?

eHarmony and Match consistently rank highest for serious relationships among over-40 daters, with eHarmony marriages showing the lowest divorce rate of any major platform per University of Florida research. For South Dakota specifically, larger platforms provide more matches in the state's smaller population. OurTime caters specifically to 50+ singles seeking age-appropriate communities.

How do I introduce a new partner to my children after divorce?

Most family therapists recommend waiting 6 to 12 months of exclusive, serious dating before introducing new partners to children. Review your South Dakota parenting plan for any provisions regarding romantic partners during custody time. Initial introductions should be brief, casual, and in neutral locations. Allow children to adjust gradually rather than immediately integrating partners into family routines.

Does remarriage affect my spousal support in South Dakota?

Remarriage can terminate spousal support obligations depending on your specific divorce decree language. Under SDCL § 25-4-41, modifications require court approval and demonstrated substantial change in circumstances. Many decrees include automatic termination upon recipient remarriage, but some do not. Cohabitation without marriage may also trigger modification depending on decree provisions.

What are the biggest challenges for midlife dating in South Dakota?

South Dakota ranks 49th for dating opportunities according to WalletHub, with challenges including small population density, gender imbalance (more women than men seeking partners in the 40-59 age range), limited urban centers, and social scenes that revolve around bars and casinos in rural areas. Successful South Dakota daters often expand their geographic search radius to neighboring states.

How much does dating cost after divorce?

Active daters typically spend $150 to $300 monthly on dating expenses including meals, entertainment, and activities. Premium dating app subscriptions cost $30 to $60 monthly. Personal appearance investments (wardrobe, grooming) add $100 to $200 monthly. Single parents must factor childcare costs of $200 to $500 per dating night. Budget carefully given the documented 45% decline in women's living standards post-divorce.

Is South Dakota a good state for dating over 40?

South Dakota presents mixed dating prospects for those over 40. The state ranks 49th for dating opportunities due to small population and limited urban options, but 2nd for dating economics, making it affordable to date. Sioux Falls offers the most opportunities with approximately 200,000 residents. Success often requires expanding geographic preferences, utilizing matchmaking services, or being open to long-distance relationships.

When can I remarry after divorce in South Dakota?

South Dakota imposes no waiting period between divorce finalization and remarriage. Once your decree is entered by the circuit court, you can apply for a marriage license immediately. The license fee is $40 with no waiting period between license issuance and ceremony. Licenses remain valid for 20 days. However, second marriages have a 60% divorce rate, so many experts recommend substantial dating periods before remarriage.

Estimate your numbers with our free calculators

View South Dakota Divorce Calculators

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering South Dakota divorce law

Vetted South Dakota Divorce Attorneys

Each city on Divorce.law has one personally vetted exclusive attorney.

+ 2 more South Dakota cities with exclusive attorneys

Part of our comprehensive coverage on:

Life After Divorce — US & Canada Overview