Ready to start your divorce? Download our free checklist to ensure you have all the required South Dakota divorce papers.
Get your divorce papersWhat Divorce Papers needs to be valid in South Dakota
- You or your spouse must have lived in South Dakota for at least 60 days before filing.
- You must have a legal ground for divorce, such as irreconcilable breakdown of the marriage (a no-fault ground commonly used).
- You'll need to provide information about your marriage, including date and place, and any minor children.
- If you have assets, debts, or property, you may need to complete a property division worksheet.
- Both spouses must sign the joint petition or the defendant must be formally served with papers if filing individually.
- If you have minor children, you must also complete a parenting plan and child support worksheet.
How to set up a Divorce Papers in South Dakota
- Determine if you meet South Dakota's residency requirement and decide if your divorce will be uncontested or contested.
- Obtain the necessary divorce forms from the South Dakota Unified Judicial System website or your local circuit court clerk's office.
- Fill out the divorce forms accurately, including the Summons and Complaint for Divorce, and any additional forms for parenting plans or property division.
- File the completed forms with the circuit court in the county where you or your spouse resides. Pay the filing fee unless you qualify for a fee waiver.
- Serve the divorce papers on your spouse (if filing alone) or file a joint petition with a notarized signature from your spouse if you're filing together.
- Wait for the required 30-day waiting period (from filing) before the court can finalize your divorce. Attend any necessary hearings.
How much it costs
In South Dakota, the filing fee for a divorce is typically around $95, but this can vary by county. If you cannot afford the fee, you may apply for a fee waiver by filing a 'Request to Proceed In Forma Pauperis.' Additional costs may include fees for serving papers and certifying documents, but many uncontested divorces can be completed with minimal expenses.
South Dakota Divorce Papers: Pre-Start Checklist
Before you start filling out divorce forms in South Dakota, gather key information and understand the state’s filing requirements to avoid delays.
- Meet South Dakota's residency requirement: either you or your spouse must have lived in the state for at least 6 months before filing.
- Have ready: your marriage certificate, your spouse's full legal name and address, and details about any children, property, debts, or income.
- Decide on grounds for divorce: South Dakota allows no-fault (irreconcilable differences) and fault-based grounds, but no-fault avoids proving wrongdoing.
- Know the filing office: file your completed forms with the Clerk of Court in the county where you or your spouse resides.
- Review notarization rules: some forms (like the summons or affidavit) must be notarized; check the specific form instructions.
- Consider a parenting class: if you have minor children, South Dakota may require both parents to complete an approved parenting class before a final decree.
- Plan for filing fees: check the current fee schedule with the clerk's office; fee waivers are available if you meet low-income criteria.
Questions people ask
What is the residency requirement for divorce in South Dakota?
You or your spouse must have been a resident of South Dakota for at least 60 days before filing for divorce. This is a shorter requirement than many states, making it easier to file here.
Do I need a lawyer to file divorce papers in South Dakota?
No, you can file for divorce without a lawyer, especially if your divorce is uncontested. South Dakota courts provide self-help resources, but if the case is complex, it may be wise to consult a family law attorney.
How long does an uncontested divorce take in South Dakota?
After you file, there is a 30-day waiting period before the court can finalize the divorce. If everything is in order, you could receive your divorce decree in about 30 to 90 days, depending on the court's schedule.
Are there witnesses or notary requirements for South Dakota divorce papers?
your signature on the Complaint and Summons does not need to be notarized, but if you and your spouse file a joint petition or agreement, those documents typically require notarized signatures. Additionally, any financial affidavits must be signed under oath and notarized.