How to File for Divorce in South Dakota (2026)
A complete guide to the South Dakota divorce process — court filing fees, residency requirements, serving your spouse, and options for uncontested divorce.
Step-by-Step: Filing for Divorce in South Dakota
Meet the residency requirements
Before you can file for divorce in South Dakota, you or your spouse must have lived in the state for the required residency period (typically 6 months to 1 year). Check your county's specific requirements, as some states also have a county residency requirement.
Decide: contested vs uncontested
An uncontested divorce means you and your spouse agree on all terms — property division, child custody, support, and debt. This is significantly faster and cheaper. A contested divorce involves disagreements that a judge must resolve. For uncontested divorces, online divorce services can handle the paperwork for a few hundred dollars.
Gather financial documents
You will need documentation of all marital assets and debts: tax returns (last 2–3 years), bank and investment account statements, mortgage and loan documents, vehicle titles, retirement account statements, and a list of monthly expenses. Organizing this early prevents delays later.
Obtain and fill out divorce forms
Get the divorce petition (sometimes called "Petition for Dissolution of Marriage") from the South Dakota court's website or the courthouse. Fill it out completely — incomplete forms are a common cause of delays. Many South Dakota courts have self-help centers that can assist without giving legal advice.
File your petition and pay the fee
File your completed forms with the county court clerk and pay the $95 filing fee.
If you cannot afford the fee, ask the clerk for a fee waiver form (IFP — In Forma Pauperis). Most states waive fees for those below 125–200% of the federal poverty line.
Serve your spouse
After filing, you must formally serve your spouse with a copy of the divorce petition. South Dakota options typically include: sheriff service ($30), private process server ($75), or certified mail (in some cases). Keep proof of service — the court requires it. Your spouse then has a set time to respond (usually 20–30 days).
Negotiate your settlement
Work with your spouse (and attorneys if needed) to agree on property division, spousal support, and if applicable, child custody and support. A written marital settlement agreement signed by both parties is filed with the court.
Finalize your divorce
Once all requirements are met and any waiting periods have passed, a judge will review your agreement or hold a final hearing. You'll receive a Final Decree of Divorce — the legal document ending your marriage. Get certified copies ($5 each) for name change, financial account updates, and your records.
Considering an Online Divorce?
For uncontested divorces, online services handle all the paperwork — starting from $159, no attorney required.
South Dakota Divorce — Cost Summary
| Filing fee | $95 |
| E-filing fee | Not available |
| Sheriff service fee | $30 |
| Private process server | ~$75 |
| Children surcharge | None |
| Certified copy fee | $5 |
| Parenting class required | No |
| Est. court costs total | $125+ |
Source: South Dakota Courts ↗