Divorce Checklist for South Dakota

South Dakota imposes the most lenient residency requirement in the United States for divorce filings. Under SDCL § 25-4-30, the plaintiff must be a resident of South Dakota or a member of the armed services stationed in South Dakota at the time the action is commenced. There is no minimum duration of residency required — a person may establish residency and file for divorce on the same day, provided they intend to remain in the state. Your spouse does not need to live in South Dakota for you to file, although venue considerations under SDCL § 25-4-30.1 may arise if minor children reside out of state with the other parent. Gather proof of your South Dakota residency, such as a driver's license, voter registration, lease agreement, or utility bill showing a South Dakota address, before proceeding to the courthouse.

South Dakota allows both no-fault and fault-based divorce under SDCL § 25-4-2. The most common ground is irreconcilable differences, which requires either written consent from both spouses or a default by the non-filing spouse who fails to make a general appearance. If your spouse contests irreconcilable differences, you must prove a fault-based ground: adultery, extreme cruelty (physical or mental), willful desertion for more than one year, willful neglect, habitual intemperance lasting more than one year, or conviction of a felony. South Dakota does not require a period of separation before filing. Choose your grounds carefully because fault may influence alimony determinations under SDCL § 25-4-41. If you file on irreconcilable differences and the court finds a reasonable possibility of reconciliation under SDCL § 25-4-17.2, the judge may continue the case for up to 30 days before granting dissolution.

Before filing, collect all documents the court will require for property division, support calculations, and custody determinations. South Dakota is an equitable distribution state under SDCL § 25-4-44, meaning the court divides all property — including assets acquired before the marriage — in a fair and equitable manner considering each spouse's contributions, duration of the marriage, and economic circumstances. You must compile records of all real estate deeds, vehicle titles, bank and investment account statements, retirement account statements (401(k), IRA, pension), credit card statements, mortgage documents, and outstanding loan balances. If minor children are involved, gather school records, medical records, and childcare cost documentation. Having these documents organized before filing streamlines the Financial Affidavit completion required by the court and prevents delays during discovery.

The filing fee for a divorce in South Dakota Circuit Court is approximately $97, which includes a $50 base filing fee, a $40 automation surcharge, and a $7 law library fee. If you cannot afford this fee, South Dakota allows you to request a waiver by filing the Motion and Order to Waive Filing Fee and Service of Process Fee (Form UJS-305) along with a Financial Affidavit demonstrating financial hardship. You may also use Forms UJS-022, UJS-023, and UJS-028 depending on your county's requirements. The judge will review your financial information and determine whether to grant the waiver. If the judge denies the Motion and you fail to pay the filing fee, the court may dismiss your case. Filing fee waivers also cover the cost of service by sheriff, which typically ranges from $50 to $75. Prepare documentation of your income, government benefits, and monthly expenses to support your waiver request.

Every divorce action in South Dakota begins with a Case Filing Statement (Form UJS-232), which the Clerk of Courts uses for record-keeping and case assignment. This form collects personal information for both parties, business details, legal representation status, and case type specifics. You must indicate whether minor children are involved, as this determines which subsequent forms you will use throughout the process. The Case Filing Statement must be filed simultaneously with the Summons and Complaint. Complete the form accurately in black ink, printing on one side of the paper only, as required by the South Dakota Unified Judicial System. If you are representing yourself (pro se), indicate this on the form. You may use the free UJS Guide and File online system to prepare this form by answering a series of questions — the system generates the completed documents for you to print and file.

The Summons is the official court document that notifies your spouse of the divorce action and informs them they must file an Answer within 30 days or face a default judgment. Use Form UJS-309 (Summons Without Minor Children) or Form UJS-311 (Summons With Minor Children) depending on your situation. Under SDCL § 25-4-33.1, the automatic temporary restraining order provisions must be printed on the Summons — this language is already included in the UJS forms. The ATRO takes effect upon personal service and prohibits both parties from transferring or hiding assets, making extraordinary expenditures, harassing the other spouse, removing children from South Dakota, or canceling insurance coverage. Complete the form with the court name, county, case number (assigned at filing), and both parties' names. The Summons must be signed by the plaintiff or the plaintiff's attorney.

The Complaint is the foundational legal document that initiates your divorce case, stating the grounds for divorce, the relief you seek, and the facts supporting the court's jurisdiction. Use Form UJS-310 (Complaint Without Minor Children) or Form UJS-312 (Complaint With Minor Children). The Complaint must establish jurisdiction under SDCL § 25-4-30 by stating your South Dakota residency, identify both parties and the date and location of the marriage, state the grounds for divorce under SDCL § 25-4-2, and specify the relief requested — including property division, alimony, child custody, child support, and any other orders. If minor children are involved, include each child's name, date of birth, and current living arrangements. South Dakota courts require specific factual allegations supporting the grounds, not merely conclusory statements. File the original Complaint with the Clerk of Courts.

South Dakota requires both parties to complete and file a Financial Affidavit disclosing all income, expenses, assets, and debts to ensure accurate financial assessments by the court. Use Form UJS-304A (Financial Affidavit Without Minor Children) or Form UJS-304B (Financial Affidavit With Minor Children). This sworn document requires detailed disclosure of gross monthly income from all sources, monthly living expenses, real property and personal property values, bank account balances, retirement account values, outstanding debts, and health insurance information. Under South Dakota's equitable distribution framework (SDCL § 25-4-44), the court relies heavily on the Financial Affidavit to determine fair property division and appropriate support amounts. Incomplete or inaccurate disclosure may result in sanctions, adverse inferences, or modification of the decree. File the Financial Affidavit with the Clerk and serve a copy on your spouse.

When minor children are involved, South Dakota requires the plaintiff to serve the South Dakota Parenting Guidelines (Form UJS-302) along with the Summons and Complaint. These 17-page guidelines, established by the South Dakota Unified Judicial System, become an Order of the Court and govern parenting time, exchanges, communication, and conflict resolution between parents. The guidelines address standard parenting time schedules based on the child's age, holiday and vacation schedules, transportation responsibilities, telephone and electronic communication rights, relocation procedures, and dispute resolution protocols. Parents must also file Form UJS-365 (Instructions for Implementing the South Dakota Parenting Time Guidelines) to specify how the guidelines apply to their particular circumstances. Courts prioritize the best interests of the child under SDCL § 25-4-45 when reviewing parenting arrangements. Both parents should review the guidelines carefully before negotiating a parenting plan.

Take your completed forms to the Clerk of Courts office in the Circuit Court for the county where you or your spouse resides. South Dakota has 66 counties organized into seven judicial circuits, and you must file in the correct venue under SDCL § 25-4-30.1. Submit the Case Filing Statement (UJS-232), Summons (UJS-309 or UJS-311), Complaint (UJS-310 or UJS-312), Financial Affidavit (UJS-304A or UJS-304B), and the Parenting Guidelines (UJS-302) and Implementation Instructions (UJS-365) if minor children are involved. Pay the $97 filing fee or submit your fee waiver motion (UJS-305). The clerk will assign a case number, stamp all documents, and return file-stamped copies to you. Keep these copies in a safe location — you will need them for service on your spouse and throughout the proceedings. All forms must be printed single-sided and completed in black ink.

After filing, you must formally serve your spouse with the Summons, Complaint, Financial Affidavit, and Parenting Guidelines (if applicable) to provide legal notice of the divorce action. South Dakota law provides several service methods: personal service by the county sheriff or a private process server (typically $50–$75), or acceptance of service where your spouse voluntarily signs a Notice and Admission of Service of Summons form. If your spouse agrees to accept service, you may hand-deliver or mail the documents and have them sign the admission form. If your spouse cannot be located after diligent efforts, the court may authorize service by publication in a newspaper under SDCL § 15-6-4(f). The 60-day mandatory waiting period under SDCL § 25-4-34 begins on the date service is completed, not the filing date. File the Proof of Service with the court using Form UJS-317A/B (hand delivery) or Form UJS-315A/B (mailing).

After service, your spouse (the defendant) has 30 days from the date of service to file a written Answer with the Clerk of Court and serve a copy on you. If your spouse files an Answer using Form UJS-318 (with children) or the corresponding form without children, the divorce becomes contested, and the case proceeds to negotiation, mediation, or trial. The defendant must also file their own Financial Affidavit (Form UJS-304A or UJS-304B) and pay a $25 filing fee for the Answer. If your spouse does not file an Answer within 30 days, you may apply for a default judgment using Form UJS-321 (without children) or Form UJS-323 (with children). A default judgment means the court may grant the relief requested in your Complaint without your spouse's participation. However, no judgment — default or otherwise — may be entered until the 60-day mandatory waiting period under SDCL § 25-4-34 has elapsed from the date of service.

South Dakota law under SDCL § 25-4A-32 and Supreme Court Rule 22-09 requires both parties in any action involving child custody or parenting time to complete a court-approved parenting education course within 60 days of the commencement of the action. The course covers the effects of separation and divorce on children, co-parenting skills and responsibilities, children's coping needs, conflict resolution options for parenting disputes, and the financial responsibilities of parents. Only courses listed on the UJS website as approved providers qualify — the court does not accept certificates from other providers. Approved programs include 'Children in the Middle: End the Tug of War in Divorce' and the SMILE Program. Each party is responsible for arranging and paying for their own course participation. A final decree cannot be entered until both parties file the Affidavit of Court-Approved Parenting Course (Form UJS-364) documenting completion or requesting a waiver for good cause.

South Dakota law mandates court-ordered mediation in all custody and visitation disputes between parents unless the court determines it is inappropriate under the facts of the case, per SDCL § 25-4-56. A judge may not order mediation where a parent has a history of domestic violence or certain related prior convictions. Mediation sessions typically last 1 to 2 hours and continue as long as both parents agree and progress is being made — the number of sessions depends on the complexity of the issues and the parents' cooperation. The mediator is prohibited from communicating the parents' behavior or statements to any third party and may only report whether both parents appeared and whether the mediation was successful. The cost of mediation is typically split equally between the parents and paid at the time of each session. If mediation fails, the custody dispute proceeds to trial where the court applies the best interests of the child standard under SDCL § 25-4-45.

If both parties can agree on all terms of the divorce — including property division, debt allocation, alimony, child custody, and child support — they should formalize their agreement using Form UJS-324 (Stipulation and Settlement Agreement Without Minor Children) or Form UJS-325 (Stipulation and Settlement Agreement With Minor Children). South Dakota divides property under the equitable distribution model in SDCL § 25-4-44, considering factors such as the duration of the marriage, the value of each spouse's property, the parties' ages and health, each spouse's earning capacity, and contributions to the marital estate. Both spouses must sign the Stipulation and Settlement Agreement, and both must complete the Affidavit of Plaintiff and Defendant as to Jurisdiction and Grounds for Divorce (Form UJS-319A/B). A stipulated divorce avoids a contested trial and allows finalization as soon as the 60-day mandatory waiting period under SDCL § 25-4-34 has passed.

If the divorce is contested, the court will schedule a series of hearings that may include a temporary orders hearing for interim support or custody arrangements, a pre-trial conference to narrow the issues, a settlement conference where the judge encourages resolution, and ultimately a trial if the parties cannot reach agreement. South Dakota Circuit Courts handle all divorce proceedings. At trial, both parties present evidence and testimony, and the judge makes determinations on all disputed issues including property division under SDCL § 25-4-44, alimony under SDCL § 25-4-41, child custody under the best interests standard in SDCL § 25-4-45, and child support under the South Dakota Child Support Guidelines. Even in uncontested cases, some counties may require a brief final hearing where the plaintiff testifies to jurisdiction and grounds. Prepare all evidence, witness lists, and financial documentation before any scheduled hearing.

After the 60-day mandatory waiting period under SDCL § 25-4-34 has elapsed from the date of service, the parties are responsible for presenting the Judgment and Decree of Divorce to the judge for review and signature. Use Form UJS-326A (without children) or Form UJS-326B (with children) for stipulated divorces, or Form UJS-322A (without children) or Form UJS-322B (with children) for default judgments. The Judgment and Decree must address all issues: dissolution of the marriage, property division, debt allocation, alimony (if any), child custody and parenting time (if applicable), child support calculations, and any other relevant orders. File the original with the Clerk of Courts or bring it to the final hearing. The judge reviews all documents and, if everything is in order, signs the decree. The Clerk then mails copies and a Notice of Entry of Judgment to both parties, officially finalizing the divorce.