Divorce Laws in South Dakota: Complete 2026 Guide

South Dakota recognizes seven statutory grounds for divorce under SDCL § 25-4-2. These include six fault-based grounds — (1) adultery, (2) extreme cruelty, (3) willful desertion, (4) willful neglect, (5) habitual intemperance, and (6) conviction of a felony — as well as one no-fault ground: (7) irreconcilable differences. Additionally, SDCL § 25-4-18 provides for chronic mental illness as a discretionary ground for divorce. For a no-fault divorce based on irreconcilable differences, either both spouses must consent to the divorce on that ground, or the served spouse must fail to make a general appearance in the case (SDCL § 25-4-17.1). Irreconcilable differences exist when there are substantial reasons for the marriage to end. If the judge believes there is a reasonable possibility of reconciliation, the court may continue the case for up to 30 days before granting the divorce. Fault-based grounds each have specific statutory definitions. Adultery (SDCL § 25-4-3) involves sexual intercourse with another person. Extreme cruelty (SDCL § 25-4-4) means the infliction of grievous bodily injury or grievous mental suffering. Willful desertion (SDCL § 25-4-5) involves a spouse voluntarily leaving with intent to desert, and related provisions in SDCL §§ 25-4-8 through 25-4-13 address various aspects of desertion such as refusal of intercourse, fraud-induced absence, and refusal of reconciliation. Willful neglect (SDCL § 25-4-15) is defined as a spouse's refusal to provide for common necessities due to idleness, profligacy, or dissipation. Habitual intemperance (SDCL § 25-4-16) involves excessive alcohol use that interferes with normal activities or causes intense emotional distress. Pursuing a fault-based divorce requires the petitioner to provide evidence supporting the alleged grounds. While the burden of proof is higher, some individuals choose fault-based grounds because it may provide leverage in property division or alimony negotiations. Under SDCL § 25-4-45.1, fault is generally not considered in awarding property or child custody, except as it may be relevant to a parent's fitness.

South Dakota has one of the most lenient residency requirements in the nation for filing a divorce. Under SDCL § 25-4-30, the plaintiff in a divorce action must be a resident of South Dakota at the time the action is commenced, or be a member of the armed services stationed in South Dakota. There is no minimum duration of residency required — no waiting period of 6 months, 1 year, or any other timeframe before you can file. Importantly, once the divorce action is commenced, the plaintiff does not need to maintain South Dakota residency through the conclusion of the proceedings. SDCL § 25-4-30 specifies that the plaintiff need not maintain that residence or military presence to be entitled to the entry of a decree or judgment of divorce. However, the residency must be established in 'good faith,' meaning you cannot simply establish a temporary presence in South Dakota solely for the purpose of obtaining a quick divorce. The divorce must be filed in the Circuit Court in the county where either spouse resides (SDCL § 25-4-30.1). The non-filing spouse (defendant) has the right to request that the place of trial be changed to the county where they reside. As proof of residency, the filing spouse may be asked to provide a South Dakota driver's license, state identification, or an affidavit from a corroborating witness confirming residency.

South Dakota follows equitable distribution principles when dividing property in divorce, but with a significant distinction: it is an 'all-property' state. Under SDCL § 25-4-44, the court has authority to divide all property belonging to either or both spouses at the time of divorce. This means that even premarital assets, inheritances, and gifts may be subject to division — there is no automatic exemption for 'separate' property as in many other equitable distribution states. The court determines the division of property based on equity and the parties' financial positions (SDCL § 25-4-44). South Dakota case law has established several factors courts consider, including: the duration of the marriage, the value of property owned by each spouse, each spouse's age and health, each spouse's earning capacity, the contribution of each spouse to the accumulation of property (including homemaking and child-rearing contributions), and the income-producing capacity of the assets. The source of property — such as whether it was earned, inherited, or gifted — can influence the court's decision but does not automatically determine how it is divided. Equitable distribution means property is divided 'fairly' but not necessarily equally. A 50/50 split is not guaranteed, and the court has significant discretion in determining what is just under the specific circumstances of each case. Courts may also consider economic misconduct, such as dissipation of marital assets, hiding property, or making unauthorized transfers. Under SDCL § 25-4-45.1, fault is generally not considered in property division, except where relevant to the financial circumstances of the case.

Spousal support (also called alimony or maintenance) in South Dakota is governed by SDCL § 25-4-41, which provides that when a divorce is granted, the court may compel one party to make a suitable allowance to the other party for support during the life of that other party, or for a shorter period, as the court may deem just. The purpose of alimony is not to punish a misbehaving spouse but to ensure both spouses can remain financially stable after the dissolution of the marriage. While SDCL § 25-4-41 does not contain a statutory list of factors, South Dakota case law has established several guiding considerations for alimony determinations. Courts evaluate: the length of the marriage; each spouse's earning capacity and potential ability to earn income; the financial conditions of each party after property is divided; the ages, health, and physical condition of both spouses; their social standing and standard of living during the marriage; and the responsibility, if any, of each spouse in causing the marriage to end. Marital fault may be considered as one factor in alimony decisions. South Dakota courts may award several types of alimony. Temporary alimony (SDCL § 25-4-38) is available during the pendency of the divorce proceedings to help a dependent spouse meet immediate financial needs. Permanent alimony, while increasingly rare, may be awarded to a spouse who is unable to become self-supporting due to age, disability, or health issues. Rehabilitative alimony for a set period is more common, designed to support a spouse while they obtain education, training, or work experience needed to become self-sufficient. Either spouse can request modification of an alimony award if there is a substantial change in circumstances (SDCL § 25-4-41), though spouses may agree in writing that the award is non-modifiable. Alimony generally terminates upon the remarriage of the receiving spouse or the death of either party, though the paying spouse must file a motion with the court — alimony does not terminate automatically upon remarriage.

South Dakota courts make all child custody determinations based on the 'best interests of the child' standard as set forth in SDCL § 25-4-45. The statute directs courts to be guided by what appears best for the child's temporal, mental, and moral welfare. If the child is of sufficient age to form an intelligent preference, the court may consider that preference. Importantly, SDCL § 25-4-45 also provides that neither parent may be given preference over the other in determining custody. South Dakota distinguishes between legal custody (decision-making authority regarding the child's upbringing, education, healthcare, and religious training) and physical custody (where the child lives). Joint legal custody is common in South Dakota divorces. There is no statutory presumption of joint physical custody — the judge decides based on the best interests of the child (SDCL § 25-4A-26). Before deciding on joint custody, the court may require a home study or custody evaluation, and either parent may request mediation (SDCL § 25-4-45.3). South Dakota courts consider numerous factors through case law guidance, including: each parent's fitness and ability to provide basic necessities; each parent's moral fitness and ability to provide a nurturing, stable, and safe home environment; each parent's willingness to encourage frequent and meaningful contact with the other parent; the history of the child's care and which parent has been the primary caregiver; the quality of the child's relationship with each parent; and any history of domestic violence or abuse. Under SDCL § 25-4-45.5, if there is a conviction or history of domestic abuse, the court presumes that awarding custody to the abusive parent is not in the child's best interest. Fault in the marriage is not considered in custody determinations except as it may be relevant to parental fitness (SDCL § 25-4-45.1). South Dakota has established standard Parenting Guidelines that provide baseline visitation schedules depending on the children's ages and the distance between parents' homes. Parents are encouraged to develop their own parenting plan that serves the children's best interests. If parents cannot agree, the court may order mediation (SDCL § 25-4-57), and if mediation fails, the court will set a hearing and make custody and visitation determinations (SDCL § 25-4-62).

To file for divorce in South Dakota, the process begins with the plaintiff preparing a Summons and Complaint for divorce. The Complaint is the formal legal document requesting the dissolution of the marriage and typically includes the grounds for divorce, information about both spouses, the date of marriage, details about minor children, and requests regarding property division, child custody, child support, and alimony. Many standard divorce forms are available online through the South Dakota Unified Judicial System (UJS) website or from the local Clerk of Courts office. Once the documents are prepared, the plaintiff files the Summons and Complaint with the Clerk of Courts in the Circuit Court in the county where either spouse resides and pays the filing fee. The filing fee in South Dakota is approximately $95 to $120, depending on the county. If the plaintiff cannot afford the filing fee, they may file a Motion & Order to Waive Filing Fee & Service of Process Fee (UJS-305), along with a Financial Affidavit explaining their financial situation. Upon filing, the clerk assigns a case number. After filing, the plaintiff must serve the defendant with copies of the filed documents. Service can be accomplished through personal delivery by the sheriff or a private process server, by mail with a signed Admission of Service, or in uncontested cases, by hand-delivery with the defendant signing an Admission of Service of Summons form. The defendant has 30 days from the date of service to file a formal written answer. If the defendant does not respond, the plaintiff may be able to proceed with a default divorce. After service is completed, the mandatory 60-day waiting period begins. If the divorce is uncontested (stipulated), the court may grant the divorce based entirely on the parties' affidavits without requiring a court appearance. South Dakota also offers electronic filing through the Odyssey system for certain cases. Divorce cases in South Dakota are handled by the Circuit Courts, which serve as the state's general trial courts with jurisdiction over all civil and criminal matters, including family law. South Dakota is divided into seven judicial circuits, each covering multiple counties. The Circuit Courts have original jurisdiction over divorce, legal separation, child custody, child support, property division, and all other domestic relations matters. Within the Circuit Courts, divorce cases are managed by the Domestic Relations or Family Law department. Cases are filed with the Clerk of Courts in the county where either spouse resides. Each circuit has one or more Circuit Court judges who preside over divorce proceedings. In some counties, magistrate judges may handle certain preliminary matters or uncontested proceedings. Appeals from Circuit Court divorce decisions go to the South Dakota Supreme Court, which is the state's highest appellate court. The Supreme Court reviews issues of law, including challenges to property division, alimony awards, child custody determinations, and child support orders. South Dakota does not have an intermediate appellate court, so all appeals from Circuit Court go directly to the Supreme Court. The South Dakota Unified Judicial System (UJS) oversees all state courts and provides resources, forms, and self-help guides for individuals representing themselves in divorce proceedings.

South Dakota imposes a mandatory 60-day waiting period before a divorce can be finalized. The court cannot render a final judgment and decree of divorce until at least 60 days have passed from the date the summons and complaint are served on the defendant. This cooling-off period is designed to give the parties an opportunity to reconcile or negotiate the terms of their divorce settlement. During this 60-day waiting period, the court may enter temporary orders concerning critical matters such as child custody, child support, spousal support (alimony), and use of the marital residence. These temporary orders remain in effect until the divorce is finalized or modified by the court. Importantly, South Dakota does not require a period of separation before filing for divorce. Spouses may continue living together until the judge issues the decree of divorce. There is also no mandatory waiting period before filing — you can file for divorce as soon as you establish residency in South Dakota. The 60-day period only begins running after the defendant is served. For an uncontested divorce where both parties cooperate, the entire process can potentially be completed shortly after the 60-day waiting period expires. However, contested divorces that involve disputes over property, custody, or support can take significantly longer — sometimes many months or even over a year.