Divorce in South Dakota
South Dakota allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a South Dakota resident at the time of filing. No-fault divorce is based on irreconcilable differences.
Quick Facts
Residency Requirement
Residency at time of filing
Waiting Period
None specified
Filing Fee
$100-$250
Property Division
equitable distribution
Grounds for Divorce
- •Irreconcilable differences
- •Adultery
- •Extreme cruelty
- •Willful desertion
Key Facts
- ★South Dakota has no specific durational residency requirement
- ★Filing fees are among the lowest in the nation
- ★Property is divided by equitable distribution
- ★Both fault and no-fault grounds are available
- ★South Dakota has no mandatory waiting period after filing
Child Custody
South Dakota courts determine custody based on the best interests of the child. The court considers the quality of each parent's relationship with the child, the ability of each parent to provide for the child's needs, and the adjustment of the child to home, school, and community.
Alimony / Spousal Support
South Dakota courts may award alimony for a reasonable period based on the duration of the marriage, each party's earning capacity, the financial condition of each spouse, and the standard of living during the marriage. Fault may be considered.
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Common questions about divorce in South Dakota
South Dakota requires that at least one spouse be a resident of the state at the time of filing but does not specify a minimum duration of residency. This makes South Dakota one of the more accessible states for filing.
South Dakota has no mandatory waiting period after filing. Combined with no specific residency duration requirement, uncontested divorces can potentially be finalized relatively quickly depending on court scheduling.