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Filing for divorce in South Dakota

What you file, where you file, what it costs, and the rules that catch people out. Compiled from South Dakota court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
UJS-232 Case Filing Statement
UJS-309 or 311 Summons, and UJS-310 or 312 Complaint for Divorce
UJS-304A or 304B Financial Affidavit
UJS-302 South Dakota Parenting Guidelines, served with the summons if you have children
UJS-324 or 325 Stipulation and Settlement Agreement
UJS-313 Answer, filed by your spouse, or UJS-319 Stipulation instead
UJS-364 Statement on Court-Approved Parenting Course
UJS-326A Judgment and Decree, and UJS-305 Affidavit of Indigency for a fee waiver
Where you fileCircuit Court in the county where either spouse lives. There is no minimum residency, only residency at the time of filing.
What it costsRoughly $95 to $120 by county, plus $50 to $75 for service and about $20 per person for the parenting course.
The sequence
1. Use the free UJS Guide and File system at ujs.sd.gov to prepare your forms, then print them. You cannot file electronically.
2. Complete forms in black ink, printed on one side only, as the Unified Judicial System requires.
3. File with the Clerk of Courts, then serve your spouse. An automatic temporary restraining order binds both of you once filing and service are complete.
4. Your spouse has 30 days to answer, or can sign a stipulation instead. No answer allows a default judgment.
5. If you have children, both parents complete the court-approved parenting course, such as SMILE, within 60 days of service and file the certification. No decree can enter without it.
6. Wait the 60 days, counted from the date of service rather than filing, then submit the Judgment and Decree. A fully stipulated case can finish on paper with no hearing.
The 60-day period cannot be waived. Note that if your spouse lives in a different county, they can ask to move the case there. Court staff cannot give legal advice, but South Dakota runs a Legal Form Help Line at 1-855-784-0004.
Court forms

South Dakota files a Summons and Complaint in Circuit Court, using the state's UJS forms. Filing fees start around $95 to $120, waivable for low-income filers. Agreed couples file a signed Stipulation and can sometimes finalize without appearing in court.

South Dakota Unified Judicial System: divorce formsOfficial UJS divorce forms and self-represented litigant guides.
State rules and gotchas

No-fault requires your spouse to agree, unless they default Verified Jul 2026

South Dakota is one of the very few states where a no-fault divorce on irreconcilable differences needs both spouses to consent (or the served spouse to simply not show up). If your spouse appears and contests it, you cannot use no-fault at all and must prove a fault ground like adultery or cruelty.

Source: SDCL Sections 25-4-2 and 25-4-17.2. Confirm the current rule with the court before relying on it.

No fixed minimum residency, paired with a firm 60-day wait Verified Jul 2026

South Dakota sets no minimum residency duration: you can establish good-faith residency and file the same day, though the court still decides whether your residency is genuine. But once your spouse is served, a mandatory 60-day waiting period runs before the divorce can be finalized, and it cannot be waived or shortened under any circumstances.

Source: SDCL Sections 25-4-30 and 25-4-34. Confirm with the court.

It is an all-property state, so nothing is automatically protected Verified Jul 2026

South Dakota lets the court divide all property either spouse owns, including assets brought into the marriage and inheritances. There is no automatic shield for separate property; the court weighs each spouse's contributions and circumstances to reach a fair, though not necessarily equal, split.

Source: SDCL Section 25-4-44. Confirm with the court.

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