Divorce in South Dakota: Laws, Requirements, and Process
A complete guide to getting a divorce in South Dakota. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: Resident of the state at the time of filing.
- Waiting period: No mandatory waiting period.
- Filing fee: $95 - $150.
Grounds for Divorce
South Dakota allows no-fault divorce. The no-fault ground is: Irreconcilable differences.
Fault-Based Grounds
South Dakota also recognizes these fault-based grounds for divorce:
- Adultery
- Extreme cruelty
- Willful desertion
- Willful neglect
- Habitual intemperance
- Conviction of a felony
- Chronic mental illness for 5 years
Residency Requirements
Resident of the state at the time of filing.
Property Division
South Dakota is an equitable distribution state. South Dakota follows equitable distribution. Courts divide all property, including separate property, in a manner that is equitable and fair, considering the duration of the marriage, the value of the property, the ages of the parties, the health of the parties, and the earning capacity of each spouse.
Alimony / Spousal Support
South Dakota courts may award alimony considering the length of the marriage, each party's earning capacity, the financial condition of each party after the property division, the age and health of each spouse, and any contributions to the other party's education or career. South Dakota also recognizes opt-in community property through a trust.
Child Custody
South Dakota courts determine custody based on the best interest of the child. Factors include the quality of the love and emotional ties between each parent and the child, the capacity and disposition of each parent to provide, the length of time the child has lived in a stable environment, and the wishes of the child.
Child Support
South Dakota uses the income shares model. Child support is calculated based on both parents' net incomes, the number of children, and costs for health insurance and childcare.
Filing Fee
The filing fee for divorce in South Dakota is $95 - $150. Fee waivers may be available for those who cannot afford to pay.
South Dakota court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in South Dakota?
South Dakota allows no-fault divorce based on irreconcilable differences. The state also recognizes fault-based grounds including adultery, extreme cruelty, willful desertion, neglect, habitual drunkenness, felony conviction, and chronic mental illness.
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How long do you have to live in South Dakota to file for divorce?
The filing spouse must be a resident of South Dakota at the time of filing. There is no specific minimum residency period, but the person must demonstrate genuine domicile.
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How is property divided in a South Dakota divorce?
South Dakota uses equitable distribution and courts may divide all property, including separate property. The court also recognizes an opt-in community property trust option. Division is based on fairness considering multiple factors.
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How long does a divorce take in South Dakota?
South Dakota has no mandatory waiting period. Uncontested divorces can be finalized in as little as 30 to 60 days. Contested cases may take several months to over a year.