South Dakota · Uncontested divorce · Updated Oct 2026

Uncontested divorce in South Dakota

An agreed (uncontested) divorce in South Dakota, from official sources: how agreed cases are handled, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver, e-filing and mediation.

In short

How agreed cases are handled 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.

Who can file (residency)
No minimum time
Waiting period
60 days after service
Filing fee
$97
E-filing
Yes

How agreed divorces are handled 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.

Before you 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.
Law
SDCL 25-4-30 · SDCL 25-4-34

Forms, fees and filing in South Dakota

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.
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/

If you agree on only some issues

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.

An uncontested divorce in South Dakota, step by step

  1. 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.

  2. Check how agreed cases are finished

    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.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (South Dakota courts)

  4. File, and pay the fee or ask for a waiver

    $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. 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/.

  5. Have your spouse sign or be served

    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).

  6. 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.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in South Dakota

Is there a simplified divorce for agreed cases 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 an uncontested 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.

Who can file for an uncontested divorce 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. There's no minimum length of time, and you don't have to keep living there until the decree.

Can we file for divorce online in South Dakota?

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/

How much does it cost to file an uncontested divorce in South Dakota?

$97 total to file a divorce ($50 filing fee + $40 + $7 surcharges) per the UJS Schedule of Court Costs (FY2027).

Is mediation required 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.

More about divorce in South Dakota

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.