South Dakota · Divorce laws · Updated Oct 2026
South Dakota divorce laws
Who can file for divorce in South Dakota, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in South Dakota
- Who can file (residency)
- The person filing must live in South Dakota (or be stationed there in the military) on the day the case is filed. There's no minimum length of time, and you don't have to keep living there until the decree.
- Waiting period
- The court can't hear or decide the divorce until at least 60 days after your spouse is served with the summons and complaint. Temporary orders can be made during the wait.
- Court
- Circuit Court
- Official forms
- Divorce forms (South Dakota courts)
- Court self-help
- Divorce self-help (South Dakota courts)
- Filing fee
- $97 total to file a divorce ($50 filing fee + $40 + $7 surcharges) per the UJS Schedule of Court Costs (FY2027).
- If you can't afford the fee
- Form UJS-022, Motion, Affidavit, and Order to Waive Filing Fee & Service of Process Fee.
- Simpler process for agreed cases
- No separate summary procedure, but if you agree you can file a Stipulation and Settlement Agreement (e.g., UJS-324 without minor children) and finish after the 60-day wait, often without a contested trial.
- E-filing
- Yes. Self-represented people can e-file through eFile SD and the Guide & File tool: https://ujs.sd.gov/self-help/electronic-filing-for-self-represented-litigants/
- Law
- SDCL 25-4-30 · SDCL 25-4-34
Divorce in South Dakota, step by step
Check that you can file in South Dakota
The person filing must live in South Dakota (or be stationed there in the military) on the day the case is filed.
Get the official forms
Use the court's official divorce forms: Divorce forms (South Dakota courts) No separate summary procedure, but if you agree you can file a Stipulation and Settlement Agreement (e.g., UJS-324 without minor children) and finish after the 60-day wait, often without a contested trial.
File the papers and pay the fee, or ask for a waiver
File with the Circuit Court. Filing fee: $97 total to file a divorce ($50 filing fee + $40 + $7 surcharges) per the UJS Schedule of Court Costs (FY2027). Can't afford it? Form UJS-022, Motion, Affidavit, and Order to Waive Filing Fee & Service of Process Fee.
Serve your spouse
Your spouse must be served with the summons and complaint (by the sheriff or another adult not in the case), or can sign a Notice and Admission of Service (e.g., UJS-315).
Your spouse responds
30 days after service (SDCL 15-6-12(a)); if no answer, you can apply for a default judgment. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
The court can't hear or decide the divorce until at least 60 days after your spouse is served with the summons and complaint.
Agree, or go to mediation or a hearing
Required in custody or visitation disputes between parents: the court must order mediation, except in cases of domestic abuse conviction and similar situations. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. The decree can restore a former name if either spouse applies or the judge decides to.
Free tools for South Dakota
Pre-set for South Dakota. They run in your browser and send nothing.
Divorce timeline estimator for South Dakota
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in South Dakota
- No-fault ground
- irreconcilable differences
- Fault grounds
- Also allowed
- Law
- SDCL 25-4-2 (adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction, irreconcilable differences), 25-4-17.1
Property and debts in South Dakota
- System
- Equitable distribution
- The rule
- The court may make an equitable division of property belonging to either or both spouses, no matter whose name is on the title, considering fairness and the circumstances of both of you.
- Law
- SDCL 25-4-44
Alimony (spousal support) in South Dakota
The court may order one spouse to pay the other a suitable allowance for support for life or a shorter period, as it finds just given the circumstances, and can modify it later. No formula. SDCL 25-4-41.
Children: custody and support in South Dakota
- What South Dakota calls custody
- custody and visitation (parenting time; Standard Guidelines / Shared Parenting Guidelines)
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- South Dakota Department of Social Services, Division of Child Support
Serving your spouse in South Dakota
- How your spouse gets the papers
- Your spouse must be served with the summons and complaint (by the sheriff or another adult not in the case), or can sign a Notice and Admission of Service (e.g., UJS-315). When there are minor children, the plaintiff must also serve the Standard Guidelines, which become a court order on service.
- Time to respond
- 30 days after service (SDCL 15-6-12(a)); if no answer, you can apply for a default judgment
- Law
- SDCL 25-4A-11; UJS divorce forms
Going back to a former name in South Dakota
Yes. The decree can restore a former name if either spouse applies or the judge decides to. The statute is worded only for the wife (restoring 'to the woman her maiden name'); ask the clerk or self-help center how your court handles a request from a husband. SDCL 25-4-47.
Mediation in South Dakota
Required in custody or visitation disputes between parents: the court must order mediation, except in cases of domestic abuse conviction and similar situations. SDCL 25-4-56.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in South Dakota: South Dakota protection orders: https://ujs.sd.gov/self-help/civil-law-help/protection-orders/
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Free help in South Dakota
Good to know in South Dakota
- No minimum residency time: you only have to live in South Dakota when you file. (SDCL 25-4-30)
- 60-day wait after service before the court can decide the case. (SDCL 25-4-34)
- Mediation is mandatory for parents' custody and visitation disputes, with DV exceptions. (SDCL 25-4-56)
Divorce checklist for South Dakota
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in South Dakota
How long do you have to live in South Dakota to file for divorce?
The person filing must live in South Dakota (or be stationed there in the military) on the day the case is filed. There's no minimum length of time, and you don't have to keep living there until the decree.
How long does a divorce take in South Dakota?
The court can't hear or decide the divorce until at least 60 days after your spouse is served with the summons and complaint. Temporary orders can be made during the wait.
What are the grounds for divorce in South Dakota?
South Dakota's no-fault ground is irreconcilable differences. Fault grounds are also allowed.
Is South Dakota a community property state?
No. South Dakota uses equitable distribution. The court may make an equitable division of property belonging to either or both spouses, no matter whose name is on the title, considering fairness and the circumstances of both of you.
How much does it cost to file for divorce in South Dakota?
$97 total to file a divorce ($50 filing fee + $40 + $7 surcharges) per the UJS Schedule of Court Costs (FY2027).
Can I get the divorce filing fee waived in South Dakota?
Form UJS-022, Motion, Affidavit, and Order to Waive Filing Fee & Service of Process Fee.
Is there a simpler divorce process in South Dakota?
No separate summary procedure, but if you agree you can file a Stipulation and Settlement Agreement (e.g., UJS-324 without minor children) and finish after the 60-day wait, often without a contested trial.
How long does my spouse have to respond in South Dakota?
30 days after service (SDCL 15-6-12(a)); if no answer, you can apply for a default judgment
Can I change my name back in a divorce in South Dakota?
Yes. The decree can restore a former name if either spouse applies or the judge decides to. The statute is worded only for the wife (restoring 'to the woman her maiden name'); ask the clerk or self-help center how your court handles a request from a husband. SDCL 25-4-47.
Is mediation required in a divorce in South Dakota?
Required in custody or visitation disputes between parents: the court must order mediation, except in cases of domestic abuse conviction and similar situations. SDCL 25-4-56.
How does alimony work in South Dakota?
The court may order one spouse to pay the other a suitable allowance for support for life or a shorter period, as it finds just given the circumstances, and can modify it later. No formula. SDCL 25-4-41.