Your Essential Guide to Navigating Divorce in South Dakota

south dakota state flag - divorce in south dakota

Divorce is a significant step, and each state has its own set of rules. This page aims to shed light on the divorce process in South Dakota, providing essential information. For more comprehensive resources and links, you’re in the right place.

Divorce Laws in South Dakota

South Dakota allows for both no-fault and fault-based divorces. For a no-fault divorce, “irreconcilable differences” is the commonly used reason. Fault-based reasons include adultery, extreme cruelty, and willful desertion.

One unique aspect of South Dakota’s law is that you or your spouse must reside in the state for at least 60 days before filing. There’s no mandatory waiting period for the divorce to be finalized, distinguishing it from some states that have longer waiting times.

Process of Filing for Divorce

To initiate divorce proceedings in South Dakota, file a “Complaint for Divorce” in your county’s circuit court. This document must then be served to your spouse. South Dakota has specific forms and guidelines for this process.

If both spouses agree on the divorce terms, you can pursue an uncontested divorce, which is generally simpler. For contested divorces, where agreements can’t be reached, court hearings may be necessary.

Child Custody and Support

In South Dakota, child custody decisions are based on the child’s best interests. Factors include the child’s age, the parent-child relationship, and each parent’s ability to provide care. Child support is calculated using state-specific guidelines based on parents’ income and the number of children, which may vary from other states’ formulas.

Alimony/Spousal Support

In South Dakota, alimony is not automatic. Courts consider factors such as the length of the marriage, each spouse’s financial circumstances, and their earning capacities. The objective is to ensure fair support, especially in cases of long-term marriages or significant income disparities.

Property Division

South Dakota practices equitable distribution for dividing marital property. The court aims to divide property acquired during the marriage fairly, though not necessarily equally. This division is influenced by factors such as each spouse’s contribution to the marriage and future financial needs.

South Dakota Resources

For more in-depth information on divorce in South Dakota, explore resources like South Dakota Family Law Courts, state government websites, and legal aid organizations. These resources provide detailed assistance for your divorce journey.

Article: How Much Does a Divorce Cost in South Dakota

South Dakota Divorce Forms

Unless otherwise indicated, most forms can be found here: https://ujslawhelp.sd.gov/onlineforms.aspx

With minor children:

Petition for Dissolution of Marriage
Information on Suit Affecting the Family Relationship
Vital Statistics Certificate of Dissolution of Marriage: https://doh.sd.gov/licensing-and-records/vital-records/order-vital-records/

Without minor children:

Petition for Dissolution of Marriage
Vital Statistics Certificate of Dissolution of Marriage: https://doh.sd.gov/licensing-and-records/vital-records/order-vital-records/

Additional forms (may be required depending on your situation):

Waiver of Service
Affidavit of Inability to Afford Payment of Court Costs
Agreed Order on Temporary Orders
Motion for Temporary Orders
Affidavit of Military Service
Final Decree of Divorce
Agreed Final Decree of Divorce
Motion for Entry of Default Judgment
Request for Hearing
Exhibit List
Statement of Assets and Liabilities: https://sdlegislature.gov/Statutes/25-4-19
Child Support Worksheet: https://dss.sd.gov/childsupport/obligationsdetermined.aspx
Proof of Service