South Dakota Divorce Guide
Everything you need to know about filing for divorce in South Dakota — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
South Dakota Divorce at a Glance
| Residency Requirement | 0 months in state |
| Waiting Period | 60 days — Under SDCL § 25-4-34, no divorce hearing may be held until at least 60 days after the defendant has been served and proof of service has been filed with the court. This mandatory waiting period applies to all types of divorce — contested, uncontested, and default. The 60-day period includes 30 days for the defendant to file a response. |
| Filing Fee | $97(fee waiver available) |
| No-Fault Grounds | Irreconcilable Differences |
| Fault Grounds | Adultery, Extreme Cruelty, Willful Desertion, Willful Neglect, Habitual Intemperance, Conviction of Felony |
| Property Division | Equitable Distribution |
| E-Filing | Available — South Dakota uses the Odyssey File & Serve e-filing system provided by Tyler Technologies. However, e-filing is generally available only to attorneys — self-represented litigants cannot use the e-filing system and must file in person or by mail at the Clerk of Courts office. Attorneys can access the system at southdakota.tylertech.cloud. The UJS website also provides a Guide and File tool that walks users through preparing divorce forms online for printing and in-person filing. |
| Response Window | 30 days — Under South Dakota Rules of Civil Procedure, the defendant has 30 days after service of the summons and complaint to file an answer. If the defendant fails to respond within 30 days, the plaintiff may seek a default judgment after the 60-day waiting period has elapsed. |
Grounds for Divorce in South Dakota
Irreconcilable differences (SDCL § 25-4-2(7))
No-Fault Grounds
- Irreconcilable Differences — Under SDCL § 25-4-2(7), a divorce may be granted on the ground of irreconcilable differences. This is the most commonly used ground for divorce in South Dakota and does not require proof of fault by either party.
Fault-Based Grounds
- Adultery — Under SDCL § 25-4-2(1), a divorce may be granted for adultery. The requesting spouse must prove that the other spouse had sexual intercourse with another person during the marriage.
- Extreme Cruelty — Under SDCL § 25-4-2(2), a divorce may be granted for extreme cruelty, which includes causing serious physical injury or serious mental suffering to the other spouse.
- Willful Desertion — Under SDCL § 25-4-2(3), a divorce may be granted for willful desertion, meaning the spouse left with the intent to abandon the marriage. It is not willful desertion if both spouses separate with knowledge that one plans to file for divorce.
- Willful Neglect — Under SDCL § 25-4-2(4), a divorce may be granted for willful neglect, where a spouse fails to provide the common necessaries of life.
- Habitual Intemperance — Under SDCL § 25-4-2(5), a divorce may be granted for habitual intemperance (habitual excessive use of alcohol or drugs).
- Conviction of Felony — Under SDCL § 25-4-2(6), a divorce may be granted when a spouse has been convicted of a felony.
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How to File for Divorce in South Dakota
Meet Residency Requirements
You must have lived in South Dakota for at least 0 months before filing. Under SDCL § 25-4-30, the plaintiff in a divorce action must be a resident of the state at the time the action is commenced. South Dakota has one of the most lenient residency requirements in the nation — there is no minimum duration of residency, only that the plaintiff be a resident when filing. However, the plaintiff must maintain residency through the final hearing. Military members stationed in South Dakota also satisfy the residency requirement.
Complete Your Forms
South Dakota requires 3 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $97 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: sheriff, private process server, certified mail, publication, waiver of service. Under South Dakota rules of civil procedure, service must be made on the defendant personally or through an accepted alternative method. The summons must include the automatic temporary restraining order (ATRO) language required by SDCL § 25-4-33.1, which prevents both parties from dissipating assets, changing insurance, or removing children from the jurisdiction during the proceeding.
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 60-day waiting period, the court can issue your final decree.
Special Rules in South Dakota
Automatic Temporary Restraining Order (ATRO)
Under SDCL § 25-4-33.1, an automatic temporary restraining order goes into effect upon the filing and service of a divorce action. It prevents both parties from transferring, encumbering, or dissipating marital property; changing insurance beneficiaries; removing minor children from the state; and harassing or intimidating the other party.
No Minimum Residency Duration
South Dakota requires only that the plaintiff be a resident at the time of filing — there is no minimum number of months or years of residency required. This makes South Dakota one of the easiest states in which to establish divorce jurisdiction.
Mandatory Parenting Education Course
Under SDCL § 25-4-56, in all cases involving child custody or parenting time, both parents must complete a court-approved parenting education course within 60 days of serving the summons and complaint. Failure to complete the course may delay the divorce proceedings.
Mandatory Mediation for Custody Disputes
South Dakota mandates mediation in all divorces involving disputes over child custody, parenting time, child support, or maintenance, except in cases involving domestic violence.
Mandatory Requirements
Parenting Course Required
Under SDCL § 25-4-56, both parents must complete a court-approved parenting education course within 60 days of serving the summons and complaint in any case involving child custody or parenting time. The course must be at least four hours and covers the impact of divorce on children. An Affidavit on Court-Approved Parenting Course (UJS-364) must be filed with the court upon completion. Failure to complete the course may delay finalization of the divorce.
Mediation Required
South Dakota mandates mediation in all divorces involving disputes over child custody, child support, maintenance, and parenting time. Exceptions exist for cases involving domestic violence, child abuse, substance abuse, or other circumstances that make mediation inappropriate. Mediation costs are typically shared between the parties.
Financial Disclosure
Both parties must exchange financial disclosures within 30 days of filing.
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