South Dakota Residency Requirements
The spouse filing for divorce (Plaintiff) must be a resident of South Dakota, or be stationed in South Dakota while a member of the armed services, at the time
the divorce is filed.
Grounds For Divorce
A no-fault divorce can be obtained in South Dakota if the spouses have irreconcilable differences.
Filing Your South Dakota Divorce
The basic steps for filing for a divorce in South Dakota are as follows:
- You file a Summons and Complaint with the Circuit Court Clerk.
- You either mail or hand-deliver a copy of the Summons and Complaint to your spouse along with a few other documents for your spouse to sign and return to you.
- Divorce by Stipulation: The Defendant's Answer and a few additional documents are filed with the Circuit Court Clerk within thirty (30) days of your spouse receiving the Summons and Complaint. The divorce will be finalized in approximately sixty (60) days without a hearing.
Division of property & debt, child parenting plan (including child support, visitation and custody), spousal support, and more are covered.
DivorceWriter provides forms specific to the state of South Dakota and offers a money back guarantee if your documents are not accepted by the Court.
Where to Find Blank State Forms
If you prefer to complete blank forms on your own, they can be downloaded directly from the state of South Dakota at no cost using these links: