How to Get the Divorce Filing Fee Waived in South Dakota
Can't afford the $95 South Dakota divorce filing fee? Here's exactly how to apply for a court fee waiver — step by step.
Can You Get the South Dakota Divorce Fee Waived?
Yes — South Dakota, like every US state, allows low-income filers to request a court fee waiver using an In Forma Pauperis (IFP) application. If approved, the court waives some or all of the $95 filing fee. Some courts may also waive service fees and other court costs.
Fee waivers are not automatic — you must apply and a judge must approve. The process is straightforward and the form is usually one to two pages.
Step-by-Step: Applying for a Divorce Fee Waiver in South Dakota
Confirm you meet the income threshold
Most South Dakota courts waive fees for filers whose household income is at or below 125% to 200% of the federal poverty level. For 2026, 125% of the poverty line is approximately $18,975/year for a single person and $32,200 for a family of four. Courts also consider your total assets, monthly expenses, and whether you receive public benefits (Medicaid, SNAP, SSI, TANF). If you receive any of these benefits, you likely qualify automatically.
Get the IFP application form
The fee waiver form goes by different names — "Application to Waive Court Fees," "In Forma Pauperis Petition," or "Order on Court Fee Waiver." Get it from:
• The South Dakota court clerk's office
• The court's official website
• A legal aid organization in your county
• A self-help center at the courthouse (many offer free assistance filling out forms)
Fill out the application completely
The form asks for your: monthly income (wages, benefits, child support received, etc.), monthly expenses (rent, utilities, food, childcare, medical costs), assets (bank accounts, property, vehicles), household size, and whether you currently receive public benefits. Answer everything honestly — falsifying a fee waiver application is a crime and can result in your case being dismissed.
Gather supporting documents
While not always required, attaching documentation speeds up approval and reduces the chance of denial:
• Most recent pay stubs (last 2–3 months)
• Most recent tax return (Form 1040)
• Benefits award letter (if receiving public assistance)
• Recent bank statements (last 2–3 months)
• Proof of monthly expenses (rent receipts, utility bills)
Submit with your divorce petition
File the fee waiver application at the same time as your divorce petition. Hand both forms to the court clerk. The clerk will accept your petition without collecting the filing fee until the judge rules on the waiver. Keep copies of everything you submit.
The judge reviews your application
A judge (not the clerk) decides whether to grant the fee waiver. In most cases, you receive a decision the same day or within 1–5 business days. Possible outcomes:
• Full waiver: All filing fees waived
• Partial waiver: You pay a reduced amount
• Denial: You must pay the full $95 fee (you can appeal)
If your waiver is denied
If denied, you have options: (1) appeal the denial to a higher judge, (2) provide additional documentation showing hardship, or (3) request a payment plan — many South Dakota courts allow filing fees to be paid in installments. Contact a local legal aid organization for free help if you believe the denial was in error.
What else may be covered
A fee waiver may also cover: sheriff or process server fees ($30), certified copy fees ($5 each), and court reporter fees. Ask the clerk specifically which fees are covered by the waiver in South Dakota. Some waivers cover only the filing fee; others cover all court costs.
Need Help With Your Divorce Paperwork?
Online divorce services can prepare all your South Dakota forms — starting from $159. Many offer fee waiver form assistance too.
Get My Divorce Forms →South Dakota Divorce Fees — What Can Be Waived
| Filing fee | $95 | Typically waivable |
| Sheriff service fee | $30 | Often waivable |
| Private process server | ~$75 | Not covered by waiver |
| Children surcharge | None | N/A |
| Certified copy fee | $5 | Varies by court |
Source: South Dakota Courts ↗