Filing for divorce in South Dakota requires a $97 filing fee and completion of specific court forms available through the South Dakota Unified Judicial System. The state mandates a 60-day waiting period under SDCL § 25-4-34 before any divorce can be finalized, and South Dakota remains one of only two states requiring mutual consent for no-fault divorce when both spouses appear in court. An uncontested divorce in South Dakota typically costs $250-$500 for DIY filers or $3,000-$5,000 with attorney representation, while contested cases average $15,000-$30,000 in total expenses.
Key Facts: South Dakota Divorce Papers
| Requirement | Details |
|---|---|
| Filing Fee | $97 ($50 base + $40 automation + $7 law library) |
| Waiting Period | 60 days from service (mandatory, no exceptions) |
| Residency Requirement | Must be SD resident at time of filing (no minimum duration) |
| Grounds for Divorce | Irreconcilable differences (no-fault) or 6 fault-based grounds |
| Property Division | Equitable distribution (all-property state) |
| Primary Forms | UJS-310 (no children) or UJS-312 (with children) |
| Parenting Class | Required within 60 days if children involved ($20) |
| Forms Source | ujs.sd.gov/self-help |
Understanding South Dakota Divorce Papers
South Dakota divorce papers are the official court documents required to initiate and complete a dissolution of marriage in the state. The South Dakota Unified Judicial System provides standardized forms through its self-help portal, making it possible for individuals to file without attorney assistance. Under SDCL § 25-4-30, South Dakota has no minimum residency duration requirement, meaning you can establish residency and file divorce papers on the same day, making it the most lenient residency requirement in the United States. However, residency must be established in good faith, not merely for the purpose of obtaining a quick divorce.
The divorce process in South Dakota begins when you file a Complaint for Divorce with the Circuit Court in the county where either spouse resides. The respondent spouse must then be served with the Summons and Complaint, triggering the mandatory 60-day waiting period. During this time, parties can negotiate settlement terms, exchange financial disclosures, and complete required parenting education courses if minor children are involved. The court cannot enter a final divorce decree until at least 60 days have elapsed from completed service under SDCL § 25-4-34.
Required Divorce Forms in South Dakota
South Dakota requires different sets of divorce papers depending on whether the marriage produced minor children. The South Dakota Unified Judicial System organizes forms into two primary tracks, each containing the essential documents needed to initiate, process, and finalize your divorce case. Filing the correct forms from the outset prevents delays and rejected filings that can extend your divorce timeline by weeks or months.
Divorce Papers Without Minor Children
For couples without minor children, South Dakota requires fewer forms and involves a simpler process. The core documents include:
- UJS-232: Case Filing Statement (required for all civil cases)
- UJS-309: Summons Without Minor Children
- UJS-310: Complaint for Divorce Without Minor Children
- UJS-304A: Financial Affidavit (Individual)
- UJS-324: Stipulation and Settlement Agreement Without Minor Children (for agreed divorces)
- UJS-326A: Judgment and Decree of Divorce Without Minor Children (for stipulated cases)
- UJS-322A: Default Judgment and Decree of Divorce Without Minor Children (if spouse does not respond)
These forms can be downloaded from the South Dakota UJS Self-Help Portal or completed using the Guide and File online tool.
Divorce Papers With Minor Children
Divorces involving minor children require additional forms addressing custody, parenting time, and child support. The expanded document set includes:
- UJS-232: Case Filing Statement
- UJS-311: Summons With Minor Children
- UJS-312: Complaint for Divorce With Minor Children
- UJS-304B: Financial Affidavit (With Children)
- UJS-302: Parenting Guidelines
- UJS-365: Implementation Instructions for Parenting Guidelines
- UJS-325: Stipulation and Settlement Agreement With Minor Children
- UJS-326B: Judgment and Decree of Divorce With Minor Children
- UJS-364: Statement on Court-Approved Parenting Course
Under SDCL § 25-4A-32, both parents must complete a court-approved parenting education course within 60 days of service. The SMILE Program offers this course for approximately $20 per person. No final decree can be entered until both parents file their certificates of completion on Form UJS-364.
Filing Fees and Court Costs
The cost of filing divorce papers in South Dakota totals $97 as of May 2026, placing it among the most affordable states for divorce filing nationwide. The national average filing fee is $220, making South Dakota's $97 fee 56% below the national average. This fee must be paid when you file your initial Complaint for Divorce with the Circuit Court clerk.
Fee Breakdown
| Component | Amount |
|---|---|
| Base Court Filing Fee | $50 |
| Automation Surcharge | $40 |
| Law Library Fee | $7 |
| Total Filing Fee | $97 |
| Answer Filing Fee (respondent) | $25 |
| Service by Sheriff | $50-$75 |
Additional Costs to Anticipate
Beyond the initial filing fee, divorce papers in South Dakota may trigger several additional expenses:
- Service of process through county sheriff: $50-$75
- Private process server: $50-$100
- Certified copies of final decree: $5-$10 per copy
- Parenting class (if children involved): $20 per person
- Court-ordered mediation: $100-$300 per hour
- Real estate appraisals: $300-$500
- Business or farm valuations: $3,000-$10,000
Fee Waivers for Low-Income Filers
South Dakota provides fee waivers for individuals who cannot afford court costs. To qualify, your income must be at or below 125% of federal poverty guidelines. You must complete an Affidavit of Indigency form and submit it with your divorce papers. The court reviews your financial situation and determines whether to grant a full or partial fee waiver. Approximately 15-20% of pro se divorce filers in South Dakota receive some form of fee relief.
Step-by-Step Process for Filing Divorce Papers
Filing divorce papers in South Dakota follows a structured process that takes a minimum of 60 days from service to final decree. Uncontested divorces where both parties agree on all terms typically finalize within 2-4 months total, while contested divorces take 6-18 months depending on complexity. Following each step precisely helps avoid delays and rejected filings.
Step 1: Verify Residency Requirements
Under SDCL § 25-4-30, you or your spouse must be a South Dakota resident at the time you file. Military members stationed in South Dakota also qualify. South Dakota is unique in having no minimum residency duration, meaning you can establish residency and file on the same day, though the residency must be in good faith.
Step 2: Gather Required Forms
Download the appropriate forms from the South Dakota UJS Forms Portal. Select either the "Divorce Without Children" or "Divorce With Minor Children" packet based on your situation. Print all forms on standard 8.5 x 11 inch white paper.
Step 3: Complete the Complaint and Supporting Documents
Fill out the Complaint for Divorce (UJS-310 or UJS-312) with complete information about both spouses, your marriage, grounds for divorce, and the relief you are requesting. Complete the Financial Affidavit (UJS-304A or UJS-304B) documenting all income, assets, debts, and monthly expenses. If children are involved, complete the Parenting Guidelines (UJS-302) and Implementation Instructions (UJS-365).
Step 4: File with the Circuit Court
File your completed divorce papers at the Circuit Court in the county where you or your spouse resides. Pay the $97 filing fee or submit your Affidavit of Indigency if seeking a fee waiver. The clerk will stamp your documents with the filing date and case number. Keep copies of all filed documents for your records.
Step 5: Serve Your Spouse
Your spouse must receive official notice of the divorce through proper service of process. Service options include:
- County sheriff ($50-$75)
- Private process server ($50-$100)
- Certified mail with return receipt requested
- Acceptance of service (spouse signs acknowledgment)
The 60-day waiting period begins on the date service is completed, not the filing date. File the Proof of Service or Acceptance of Service with the court.
Step 6: Complete Required Parenting Education
If your divorce involves minor children, both parents must complete a court-approved parenting course within 60 days of service under SDCL § 25-4A-32. The SMILE Program (Start Making It Livable for Everyone) costs $20 per person and can be completed online or in person. File Form UJS-364 certifying completion.
Step 7: Negotiate Settlement or Prepare for Trial
If both parties agree on all terms, complete the Stipulation and Settlement Agreement (UJS-324 or UJS-325) outlining property division, support, and custody arrangements. If disputes remain, the court may order mediation at $100-$300 per hour before scheduling trial.
Step 8: Obtain Final Judgment
After the 60-day waiting period expires, you can request entry of the final divorce decree. For stipulated divorces, submit the proposed Judgment and Decree (UJS-326A or UJS-326B) for the judge's signature. For contested cases, the judge issues a decree after trial. Request certified copies for your records, name change documentation, and financial institution requirements.
Grounds for Divorce in South Dakota
South Dakota recognizes seven statutory grounds for divorce under SDCL § 25-4-2, including one no-fault ground and six fault-based grounds. Your choice of grounds affects how your divorce proceeds and may influence alimony determinations under SDCL § 25-4-41. South Dakota remains one of only two states, along with Mississippi, where a contested no-fault divorce cannot be granted if the responding spouse objects.
No-Fault Ground: Irreconcilable Differences
Under SDCL § 25-4-2(7), irreconcilable differences serve as the sole no-fault ground for divorce. The statute defines irreconcilable differences as "substantial reasons for not continuing the marriage" under SDCL § 25-4-17.1. However, under SDCL § 25-4-17.2, no-fault divorce requires either both spouses to consent or the responding spouse to default by failing to appear. If your spouse contests irreconcilable differences and appears in court, you must prove one of six fault-based grounds.
Fault-Based Grounds
The six fault-based grounds under SDCL § 25-4-2 are:
- Adultery (SDCL § 25-4-3): Sexual intercourse with a person other than your spouse
- Extreme cruelty (SDCL § 25-4-4): Infliction of grievous bodily injury or grievous mental suffering
- Willful desertion (SDCL § 25-4-5): Voluntary departure with intent to desert
- Willful neglect (SDCL § 25-4-15): Refusal to provide for common necessities due to idleness, profligacy, or dissipation
- Habitual intemperance (SDCL § 25-4-16): Excessive alcohol or drug use interfering with normal activities
- Conviction of a felony (SDCL § 25-4-2): Criminal conviction requiring imprisonment
Additionally, SDCL § 25-4-18 provides for chronic mental illness as a discretionary ground when one spouse has been committed to a mental institution for at least five years with little prospect of recovery.
Property Division in South Dakota Divorces
South Dakota is an equitable distribution state, meaning courts divide property fairly but not necessarily equally under SDCL § 25-4-44. Significantly, South Dakota is also an "all-property" state, meaning courts can divide all property belonging to either or both spouses, including assets acquired before marriage, inherited property, and gifts. This makes South Dakota unique among equitable distribution states and requires careful consideration when completing your divorce papers and financial affidavits.
Seven Factors Courts Consider
South Dakota courts apply seven factors established in Billion v. Billion, 1996 SD 101, when dividing marital property:
- Duration of the marriage
- Value of property owned by the parties
- Ages of the parties
- Health of the parties
- Competency of the parties to earn a living
- Contribution of each party to property accumulation (including homemaking)
- Income-producing capacity of the parties' assets
What Property Can Be Divided
Unlike most states that limit division to marital property, South Dakota courts under SDCL § 25-4-44 can consider:
- Property acquired during marriage
- Property owned before marriage
- Inherited property
- Gifts received by either spouse
- Retirement accounts and pensions
- Business interests
- Real estate regardless of title
The source of property, such as inheritance or gift, influences but does not automatically determine how courts divide it. Courts may award premarital or inherited property to its original owner but have broad discretion to divide it differently based on the circumstances.
Child Support Guidelines
South Dakota calculates child support using the Income Shares Model under SDCL § 25-7-6, adopted in 2018 to replace the previous flat percentage model. This approach combines both parents' net monthly incomes and applies a support schedule to determine the total child support obligation, which is then divided proportionally between parents based on their respective income shares. The 2026 guidelines schedule covers combined monthly net incomes from $1,200 to $30,000.
Key Support Amounts (2026)
| Combined Monthly Net Income | 1 Child | 2 Children | 3 Children |
|---|---|---|---|
| $2,000 | $362 | $547 | $657 |
| $4,000 | $610 | $915 | $1,098 |
| $6,000 | $819 | $1,232 | $1,481 |
| $10,000 | $1,123 | $1,680 | $2,041 |
| $20,000 | $1,822 | $2,747 | $3,329 |
Important Provisions
- Self-support reserve: $871 per month protects low-income obligors
- Shared parenting credit: Adjusts obligations when each parent has at least 180 overnights per year under SDCL § 25-7-6.27
- Medical support: Apportioned based on income; custodial parent covers first $250 per year in unreimbursed costs under SDCL § 25-7-6.16
- Childcare expenses: Allocated under SDCL § 25-7-6.18
Uncontested vs. Contested Divorce Timeline
The timeline for finalizing your divorce in South Dakota depends primarily on whether your case is contested or uncontested. All divorces must observe the mandatory 60-day waiting period, but the total time from filing to final decree varies significantly based on cooperation between parties.
| Divorce Type | Typical Timeline | Total Cost Range |
|---|---|---|
| Uncontested (DIY) | 70-90 days | $250-$500 |
| Uncontested (with attorney) | 70-120 days | $3,000-$5,000 |
| Contested (settled before trial) | 6-12 months | $8,000-$15,000 |
| Contested (goes to trial) | 12-18 months | $15,000-$30,000 |
Uncontested Divorce Process
An uncontested divorce occurs when both spouses agree on all issues, including property division, debt allocation, spousal support, child custody, and child support. The process involves filing the initial divorce papers, serving your spouse, waiting 60 days, and submitting a stipulated judgment for the court's signature. Most uncontested divorces finalize within 70-90 days from filing, with costs limited to filing fees and service expenses.
Contested Divorce Process
A contested divorce requires resolution of disputed issues through negotiation, mediation, or trial. The timeline expands to accommodate discovery (exchange of financial documents), depositions, mediation sessions, pretrial conferences, and potentially a trial. Complex cases involving business valuations, custody disputes, or significant assets routinely take 12-18 months to finalize.
Where to Get South Dakota Divorce Forms
South Dakota provides multiple resources for obtaining divorce papers, with the most reliable source being the South Dakota Unified Judicial System. Using official court forms ensures compliance with current legal requirements and reduces the risk of rejected filings.
Official Sources
- South Dakota UJS Self-Help Portal: Complete instructions and downloadable forms organized by case type
- Guide and File Tool: Online form preparation system that generates completed forms based on your answers
- UJS Forms Search: Searchable database of all court forms
- Circuit Court Clerk's Office: Your local clerk can provide paper forms and basic filing information
Getting Help with Forms
For questions about completing South Dakota divorce forms:
- UJS Self-Help Email: ujssrlhelp@ujs.state.sd.us
- Legal Form Helpline: 1-855-784-0004
- East River Legal Services: (605) 336-9230 (income-eligible clients)
- Dakota Plains Legal Services: (605) 342-7171 (Native American and low-income clients)
Frequently Asked Questions About South Dakota Divorce Papers
How much does it cost to file divorce papers in South Dakota?
Filing divorce papers in South Dakota costs $97, which includes a $50 base court fee, $40 automation surcharge, and $7 law library fee. This is 56% below the national average of $220. Additional costs include $50-$75 for service of process through the county sheriff and $20 per person for required parenting classes if children are involved. Fee waivers are available for individuals with income at or below 125% of federal poverty guidelines.
How long does a divorce take in South Dakota?
South Dakota requires a mandatory 60-day waiting period from service of the summons and complaint before any divorce can be finalized under SDCL § 25-4-34. Uncontested divorces typically take 70-90 days total, while contested divorces take 6-18 months depending on complexity. The waiting period cannot be waived or shortened under any circumstances, including domestic violence situations or mutual agreement.
What are the residency requirements for divorce in South Dakota?
South Dakota has the most lenient residency requirement in the United States. Under SDCL § 25-4-30, you must simply be a resident of South Dakota or a military member stationed in the state at the time you file. There is no minimum duration requirement, meaning you can establish residency and file for divorce on the same day. However, the residency must be in good faith, not merely to obtain a quick divorce.
Can I get a divorce in South Dakota without my spouse's agreement?
Yes, but with limitations. If your spouse does not respond to the divorce papers within the required timeframe, you can obtain a default judgment. However, if your spouse appears in court and contests irreconcilable differences as grounds, South Dakota requires you to prove one of six fault-based grounds under SDCL § 25-4-2. South Dakota is one of only two states where an uncontested no-fault divorce cannot be granted over one spouse's active objection.
What forms do I need for an uncontested divorce without children?
For an uncontested divorce without minor children, you need Form UJS-232 (Case Filing Statement), UJS-309 (Summons), UJS-310 (Complaint for Divorce), UJS-304A (Financial Affidavit), UJS-324 (Stipulation and Settlement Agreement), and UJS-326A (Judgment and Decree). All forms are available free from the South Dakota UJS website.
Do I need to take a parenting class if I have children?
Yes. Under SDCL § 25-4A-32, both parents must complete a court-approved parenting education course within 60 days of service in any case involving child custody or parenting time. The SMILE Program offers approved classes for approximately $20 per person. No final divorce decree can be entered until both parents file certificates of completion on Form UJS-364 or receive a judicial waiver for good cause.
How is property divided in a South Dakota divorce?
South Dakota courts divide property under equitable distribution principles, meaning fairly but not necessarily equally. Importantly, South Dakota is an "all-property" state under SDCL § 25-4-44, allowing courts to divide all property regardless of when or how it was acquired, including premarital assets, inheritances, and gifts. Courts consider seven factors including marriage duration, property value, each spouse's age and health, earning capacity, and contributions to property accumulation.
Can I file divorce papers online in South Dakota?
South Dakota offers the Guide and File system through the UJS website, which allows you to complete divorce forms online. However, you must still print the completed forms and file them in person or by mail at the Circuit Court clerk's office in the appropriate county. South Dakota does not currently allow electronic filing of divorce papers by pro se (self-represented) litigants.
What if I cannot afford the filing fee?
If you cannot afford the $97 filing fee, you can request a fee waiver by completing an Affidavit of Indigency. To qualify, your income must be at or below 125% of federal poverty guidelines. Submit the affidavit with your divorce papers, and the court will review your financial situation to determine whether to grant a full or partial waiver. Approximately 15-20% of self-represented filers receive some form of fee relief.
Where do I file my divorce papers in South Dakota?
File your divorce papers at the Circuit Court in the county where either you or your spouse resides under SDCL § 25-4-30.1. South Dakota has 66 counties, each served by one of seven judicial circuits. The non-filing spouse has the right to request a change of venue to the county where they reside. Locate your local court using the South Dakota Court Directory.
This guide was prepared by Antonio G. Jimenez, Esq. (Florida Bar No. 21022) covering South Dakota divorce law. Filing fees verified as of May 2026. Always confirm current fees with your local Circuit Court clerk before filing. This information is for educational purposes only and does not constitute legal advice.