Divorce Resources in South Dakota

To file for divorce in South Dakota, you must be a resident of the state at the time the action is commenced under SDCL § 25-4-30. South Dakota has no minimum residency duration requirement — you only need to be a bona fide resident when you file. You file in the circuit court in the county where either you or your spouse resides. Begin by completing Form UJS-309 (Summons) and Form UJS-310 (Complaint) for divorces without minor children, or Form UJS-311 (Summons) and Form UJS-312 (Complaint) for divorces with minor children. You must also complete Form UJS-232 (Case Filing Statement) and Form UJS-023 (Financial Statement). The filing fee is $97, which includes a $50 court filing fee, $40 automation surcharge, and $7 law library fee. If you cannot afford the fee, file Form UJS-022 to request a fee waiver.

After filing your summons and complaint with the clerk of courts, you must serve the defendant. South Dakota law requires personal service of the summons and complaint on your spouse under SDCL § 15-6-4(d). The defendant may also accept voluntary service by signing Form UJS-315 (without children) or Form UJS-317 (with children). In cases involving minor children, you must also serve the South Dakota Parenting Guidelines (Form UJS-302) with the summons under SDCL § 25-4A, Appendix A. The defendant has 30 days from the date of service to file an answer. If the defendant fails to respond, you may pursue a default judgment using Form UJS-321 (without children) or Form UJS-323 (with children). South Dakota imposes an automatic temporary restraining order on both parties from the time of filing under SDCL § 25-4-33.1.

South Dakota requires a mandatory 60-day waiting period between service of the summons and complaint (and filing proof of service) and the entry of a final divorce decree under SDCL § 25-4-34. During this waiting period, the court may issue temporary orders for spousal support, child custody, and other preliminary matters. If both parties agree on all terms, they may file a Stipulation and Settlement Agreement (Form UJS-324 or UJS-325). You must also file a Statement for Jurisdiction (Form UJS-319A or UJS-319B) establishing that residency and grounds requirements are met. In divorces with minor children, both parents must complete a court-approved parenting course within 60 days of service under SDCL § 25-4A-32, and file Form UJS-364 certifying completion before the court will enter a final decree.

To finalize an uncontested divorce, submit the proposed Judgment and Decree of Divorce (Form UJS-326A without children or UJS-326B with children) to the judge for signature. In contested cases, the court will schedule a trial or hearing. The court divides marital property equitably under SDCL § 25-4-44, considering factors including the duration of the marriage, the value of each party's property, each spouse's age and health, and the contributions of each party including homemaker contributions. The court may award alimony under SDCL § 25-4-41. In cases with minor children, the court determines custody based on the best interests of the child under SDCL § 25-4-45, and child support follows the South Dakota Child Support Guidelines. The court shall order mediation in custody disputes unless inappropriate under SDCL § 25-4-56.

South Dakota requires both parents to complete a court-approved parenting course in all divorce cases involving minor children. Under SDCL § 25-4A-32, both parents must complete the course within 60 days of service of the summons and complaint. No final decree of divorce can be entered until both parents have filed a Statement on Court-Approved Parenting Course (Form UJS-364) certifying completion, unless the judge grants a waiver. The court may waive the requirement for good cause shown. The South Dakota Parenting Guidelines (Form UJS-302) must be served on the defendant along with the summons in all divorce and paternity actions under SDCL § 25-4A, Appendix A. If parents cannot agree on a parenting plan, the Guidelines become the default arrangement and are enforceable as a court order unless a parent objects and the court orders otherwise.

South Dakota law mandates court-ordered mediation in custody and visitation disputes between parents. Under SDCL § 25-4-56, the court shall order mediation in any custody or visitation dispute to assist the parties in developing a parenting plan, unless the court deems mediation inappropriate. The court may not order mediation when a parent has a history of or prior convictions related to domestic violence, when mediation services are not readily available, or when the court determines mediation is otherwise inappropriate under the circumstances. The cost of mediation and any court-ordered evaluations is allocated by the court unless the parties agree on a different arrangement. The parenting plan developed through mediation addresses both custody and visitation arrangements. If mediation is unsuccessful, the court proceeds to determine custody based on the best interests of the child under SDCL § 25-4-45.

South Dakota requires parties in divorce proceedings to complete a Financial Statement (Form UJS-023) disclosing all income, expenses, assets, and debts. This financial affidavit ensures the court has accurate financial information for making determinations regarding property division under SDCL § 25-4-44, alimony under SDCL § 25-4-41, and child support. Both the plaintiff and defendant should complete the Financial Statement. The form requires detailed disclosure of monthly income from all sources, monthly living expenses, total debts and liabilities, and anticipated income from the sale of property, gifts, inheritances, or trust funds. Under SDCL §§ 25-4-79 through 25-4-82, the court retains jurisdiction over motions regarding inadvertently omitted or intentionally concealed assets even after the divorce is finalized. An automatic temporary restraining order under SDCL § 25-4-33.1 prohibits both parties from disposing of marital assets during the divorce proceedings.