Divorce in South Dakota: A Complete Guide
Going through a divorce is one of life's most challenging transitions. Whether you are just beginning to consider the possibility or have already made the decision to end your marriage, understanding how divorce works in South Dakota is essential to protecting your rights and planning your path forward. South Dakota has its own unique set of laws governing divorce — from some of the most lenient residency requirements in the country to an "all-property" equitable distribution model that affects how assets are divided.
This guide provides a thorough overview of South Dakota divorce law, covering everything from the grounds you can cite to the costs and timelines you should expect. While this resource is designed to educate and inform, it is not a substitute for personalized legal advice from a qualified South Dakota family law attorney.
Grounds for Divorce in South Dakota
South Dakota recognizes seven statutory grounds for divorce under SDCL § 25-4-2. These grounds are divided into fault-based and no-fault categories, giving petitioners flexibility in how they approach the dissolution of their marriage.
Fault-Based Grounds
South Dakota law provides six fault-based grounds for divorce:
- Adultery — One spouse engaged in voluntary sexual intercourse with a person other than their spouse during the marriage.
- Extreme cruelty — One spouse inflicted grievous bodily injury or grievous mental suffering upon the other, making continued cohabitation intolerable.
- Willful desertion — One spouse abandoned the other without consent or justification.
- Willful neglect — One spouse failed to provide the common necessities of life when they had the ability to do so.
- Habitual intemperance — One spouse exhibited a chronic and excessive pattern of alcohol or drug use.
- Conviction of a felony — One spouse was convicted of a felony after the marriage took place.
Filing on fault-based grounds can sometimes influence outcomes related to property division or spousal support, though this is not guaranteed and depends on the specific circumstances of the case.
No-Fault Ground
The seventh ground is the no-fault option: irreconcilable differences. This is by far the most commonly used ground for divorce in South Dakota. It simply means the marriage has broken down to the point that it cannot be repaired, and neither party needs to prove the other did something wrong. Choosing the no-fault ground often leads to a smoother, less contentious process.
Residency Requirements
South Dakota has one of the most lenient residency requirements in the nation for filing a divorce. Under SDCL § 25-4-30, the plaintiff (the spouse who files) must be a resident of South Dakota or be stationed in the state as a member of the armed services at the time the action is commenced. There is no specific minimum duration of residency required before filing, which sets South Dakota apart from many other states that require six months or even a year of residency.
This means that if you have recently moved to South Dakota and established residency — including obtaining a South Dakota driver's license, registering to vote, or otherwise demonstrating your intent to make the state your home — you may be eligible to file for divorce right away. However, the court must still be satisfied that your residency is genuine and not established solely for the purpose of obtaining a divorce in the state.
Property Division
South Dakota follows equitable distribution principles when dividing property in divorce, but with a significant distinction: it is an "all-property" state. This means that when a court divides marital assets, it has the authority to consider and distribute all property owned by either spouse, regardless of when or how it was acquired. Property brought into the marriage, inherited assets, and gifts can all potentially be subject to division.
How Equitable Distribution Works
Equitable distribution does not necessarily mean a 50/50 split. Instead, the court aims to divide property in a manner that is fair and just based on the totality of the circumstances. Factors the court may consider include:
- The duration of the marriage
- The value of each spouse's property
- The age, health, and earning capacity of each spouse
- Each spouse's contribution to the acquisition of marital property, including homemaking and child-rearing contributions
- The needs of each party, especially the custodial parent
- Any fault-based grounds that contributed to the dissolution of the marriage
Marital Debts
Just as assets are subject to division, so are debts. The court will allocate responsibility for mortgages, credit card balances, car loans, and other liabilities in a manner it deems equitable. Spouses should be prepared to provide full financial disclosure during the divorce process.
Child Custody and Visitation
When children are involved, custody is often the most emotionally charged aspect of a South Dakota divorce. The courts prioritize the best interests of the child above all other considerations when making custody determinations.
Types of Custody
South Dakota courts may award:
- Sole custody — One parent has primary physical and legal custody, while the other typically receives visitation rights.
- Joint custody — Both parents share legal custody (decision-making authority) and may also share physical custody.
Best Interests Factors
The court evaluates a range of factors to determine what arrangement serves the child's best interests, including:
- The quality of the child's relationship with each parent
- The child's adjustment to home, school, and community
- The mental and physical health of all parties involved
- Each parent's willingness to facilitate a meaningful relationship between the child and the other parent
- The wishes of the child, if the child is of sufficient age and maturity
- Any history of domestic violence, abuse, or substance abuse
Parenting Plans
Parents are encouraged to develop a mutually agreeable parenting plan that outlines custody schedules, holiday arrangements, decision-making responsibilities, and communication protocols. If parents cannot agree, the court will impose a plan based on its own assessment of the child's best interests.
Spousal Support (Alimony)
South Dakota courts have the discretion to award spousal support — commonly referred to as alimony — to either spouse in a divorce proceeding. There is no rigid formula for calculating alimony in South Dakota; instead, the court considers a variety of factors:
- The length of the marriage
- The financial resources and earning capacity of each spouse
- The standard of living established during the marriage
- The age and health of each party
- The contribution of one spouse to the education or career advancement of the other
- The time needed for the requesting spouse to acquire sufficient education or training to become self-supporting
- Any fault contributing to the dissolution
Spousal support may be awarded on a temporary basis (during the divorce proceedings), for a rehabilitative period (to help a spouse become self-sufficient), or on a more long-term basis in marriages of extended duration where one spouse has significantly lower earning capacity.
Child Support
South Dakota uses an income shares model to calculate child support obligations. This model estimates the amount both parents would have spent on the child if the household were still intact, then apportions that amount between the parents based on their respective incomes.
The South Dakota Department of Social Services publishes child support guidelines and schedules. Key factors include:
- The gross income of both parents
- The number of children requiring support
- Health insurance costs for the child
- Childcare expenses
- Any special needs of the child
Child support orders can be modified if there is a substantial change in circumstances, such as a significant change in income or the needs of the child.
The Filing Process
Filing for divorce in South Dakota involves several key steps:
Step 1: Prepare and File the Complaint
The process begins when one spouse (the plaintiff) files a Complaint for Divorce with the circuit court in the county where either spouse resides. The complaint sets out the grounds for divorce and the relief sought, such as property division, custody, and support.
Step 2: Serve the Other Spouse
After filing, the complaint must be formally served on the other spouse (the defendant) in accordance with South Dakota rules of civil procedure. Service can be accomplished through personal service by a sheriff or process server, or by other means approved by the court.
Step 3: Response
The defendant has 30 days after being served to file an answer to the complaint. If the defendant does not respond, the court may grant a default judgment.
Step 4: Discovery and Negotiation
Both parties exchange financial information and relevant documents. Many couples are able to negotiate the terms of their divorce through direct negotiations, mediation, or collaborative law without going to trial.
Step 5: Trial or Settlement
If the parties reach an agreement, they submit a stipulated settlement to the court for approval. If they cannot agree, the case proceeds to trial, where a judge will decide all contested issues.
Step 6: Final Decree
Once all issues are resolved, the court issues a Decree of Divorce, which formally dissolves the marriage and sets forth the terms of property division, custody, support, and other matters.
Timeline and Costs
Waiting Period
South Dakota imposes a 60-day waiting period after service of process on the defendant before the divorce can be finalized. This means that even in the most amicable, uncontested cases, the divorce cannot be completed in fewer than 60 days from the date of service.
Filing Fees
The court filing fee for a divorce in South Dakota typically ranges from $95 to $120, depending on the county. As of February 2026, you should verify the exact fee with your local clerk of courts, as fees are subject to change.
Total Costs
Beyond the filing fee, the total cost of a divorce depends on numerous factors:
- Uncontested divorce (both parties agree on all terms): May cost as little as a few hundred dollars if handled without attorneys, or $1,500–$3,000 with minimal legal assistance.
- Contested divorce (disputes over property, custody, or support): Can range from $5,000 to $20,000 or more, depending on the complexity and whether the case goes to trial.
- Additional expenses may include mediation fees, appraisal costs, guardian ad litem fees (in custody disputes), and expert witness fees.
Tips for Navigating Your South Dakota Divorce
- Organize your finances early. Gather bank statements, tax returns, retirement account statements, property deeds, and debt records. Full financial transparency will streamline the process.
- Consider mediation. South Dakota courts encourage mediation as a cost-effective and less adversarial way to resolve disputes. Mediation can be especially beneficial when children are involved.
- Focus on the children. If you have children, prioritize their well-being throughout the process. Courts take a dim view of parents who use children as leverage.
- Consult an attorney. Even in an uncontested divorce, a brief consultation with a family law attorney can help you understand your rights and avoid costly mistakes.
Legal Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and procedures can change, and every case involves unique facts and circumstances. The information presented here reflects a general overview of South Dakota divorce law as of early 2026 and may not account for recent legislative changes or local court rules. You should consult a licensed South Dakota family law attorney for advice tailored to your specific situation. Neither the author nor the publisher of this guide assumes any liability for actions taken based on the information provided herein.