Filing for divorce in South Dakota without an attorney costs $95 in court fees. You must meet the residency requirement of Resident at filing. South Dakota is a equitable distribution state with a 60 days waiting period. An uncontested divorce typically takes 2-3 months. Victoria AI guides you through every step with South Dakota-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | $95 (The filing fee is approximately $95 in South Dakota - one of the lowest filing fees in the country. Fees may vary slightly by county.) |
| Residency Requirement | Resident at filing |
| Waiting Period | 60 days |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | Irreconcilable differences (no-fault), Adultery, Extreme cruelty, Willful desertion, Willful neglect, Habitual intemperance, Conviction of felony |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 2-3 months |
| Contested Timeline | 6 months to 1 year |
| Fee Waiver Available? | Yes |
To file for divorce in South Dakota, you must meet the following residency requirement: Resident at filing.
At least one spouse must be a resident of South Dakota at the time of filing. There is no minimum duration - you just need to be a resident when you file.
Tip: Victoria AI can help you determine if you meet South Dakota's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in South Dakota without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must be a resident of South Dakota at the time of filing. There is no minimum duration - you just need to be a resident when you file.
Download the official South Dakota divorce forms: Summons, Complaint for Divorce, Financial Affidavit. All forms are available from the South Dakota courts website.
Fill out the divorce petition (UJS-300) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the South Dakota court and pay the filing fee of $95. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to South Dakota rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by South Dakota law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
South Dakota has a 60-day waiting period from the date the divorce is filed before it can be finalized. This waiting period cannot be waived.
Submit your final judgment to the court. For uncontested divorces in South Dakota, this typically takes 2-3 months. The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in South Dakota. Victoria AI guides you through completing each form correctly.
Initiates the case
States grounds and requests
Financial disclosure
Sworn statement of facts
The filing fee to start a divorce in South Dakota is $95. The filing fee is approximately $95 in South Dakota - one of the lowest filing fees in the country. Fees may vary slightly by county.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | $95 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | $200-$1,000 (uncontested DIY) |
If you cannot afford the filing fee, South Dakota offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in South Dakota, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. South Dakota courts are strict about service requirements.
South Dakota is a equitable distribution state.
South Dakota is an equitable distribution state. All property, regardless of when acquired, may be divided equitably by the court based on contribution, duration, and circumstances of the parties.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how South Dakota law applies to your specific property.
South Dakota uses the Income shares model.
South Dakota uses the income shares model. Support is based on both parents' net incomes combined with the child support schedule, considering the number of children and parenting time.
Understanding the timeline helps you plan and set realistic expectations for your South Dakota divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the $95 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
60 days - South Dakota has a 60-day waiting period from the date the divorce is filed before it can be finalized. This waiting period cannot be waived.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
No minimum residency duration required
Very low $95 filing fee
60-day waiting period
Both fault and no-fault available
Court can divide all property (not just marital)
Simplified procedures available
Common questions about filing for divorce in South Dakota without an attorney.
Get 24/7 guidance specific to South Dakota's forms, procedures, and requirements.
South Dakota-specific forms
Guidance through every required form
Financial disclosure wizard
Complete your financial affidavit step-by-step
Child support calculator
Using South Dakota's exact guidelines
AI document drafting
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Evidence notebook
Organize and categorize case documents
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Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.
All South Dakota divorce information verified from official state court sources.
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