South Dakota Divorce Checklist
divorce.law/resources/divorce-checklist/south-dakota/
Prepared: 5/20/2026
Data updated: 3/1/2026
Estimated Timeline
60 days minimum for uncontested divorce (mandatory waiting period under SDCL § 25-4-34), 2-4 months typical for stipulated uncontested cases, 6-12 months or longer for contested divorces involving custody disputes, property valuation, or trial in South Dakota
Documents to Gather
- Certified Marriage Certificate
- Birth Certificates for Minor Children
- Social Security Numbers
- Driver's License or State-Issued ID
- Prenuptial or Postnuptial Agreement(if applicable)
- Existing Court Orders(if applicable)
Financial Documents
- Last 3 Years of Federal and State Tax Returns
- Last 3 Months of Pay Stubs
- Bank Account Statements (Last 12 Months)
- Retirement Account Statements
- Investment and Brokerage Account Statements
- Real Estate Documents
- Vehicle Titles and Loan Statements
- Credit Card and Loan Statements
- Health Insurance Policy Documents
- Life Insurance Policies(if applicable)
- Business Ownership Documents(if applicable)
Key Steps
1. Before Filing
- Verify Residency Requirements
- Determine Grounds for Divorce
- Gather Essential Personal and Financial Documents
- Explore Fee Waiver Options If Needed
2. Filing Process
- Complete the Case Filing Statement
- Prepare the Summons
- Draft the Complaint for Divorce
- Complete the Financial Affidavit
- Include South Dakota Parenting Guidelines (If Children Involved)
- File All Documents with the Clerk of Courts
3. After Filing
- Serve Your Spouse with the Divorce Papers
- Wait for Your Spouse's Response
- Complete the Mandatory Parenting Course (If Children Involved)
- Participate in Mediation for Custody Disputes (If Required)
- Negotiate a Stipulation and Settlement Agreement
- Attend Court Hearings (If Contested or Required)
- Submit the Judgment and Decree of Divorce for the Judge's Signature
Key Deadlines
Quick Reference
To file for divorce in South Dakota, you must be a resident of the state at the time of filing under SDCL § 25-4-30 — there is no minimum residency duration requirement. File a Case Filing Statement (Form UJS-232), Summons (Form UJS-309 or UJS-311), Complaint (Form UJS-310 or UJS-312), and Financial Affidavit (Form UJS-304A or UJS-304B) with the Clerk of Courts in your county's Circuit Court, paying the $97 filing fee. If minor children are involved, include the South Dakota Parenting Guidelines (Form UJS-302). Serve your spouse, who then has 30 days to file an Answer. A mandatory 60-day waiting period under SDCL § 25-4-34 begins on the date of service. Cases with minor children require both parties to complete a court-approved parenting course within 60 days. Custody disputes may require court-ordered mediation under SDCL § 25-4-56. After the waiting period, submit the Judgment and Decree (Form UJS-326A/B) for the judge's signature. Uncontested divorces typically finalize in 2 to 4 months; contested cases take 6 to 12 months or longer.