South Dakota State Divorce Law

A Complaint for Divorce can be filed in a South Dakota Circuit Court for those who have established residence in the state at the time of filing and maintain that residence until the time of the decree.

South Dakota Grounds for Divorce

Divorces may be granted in South Dakota on either fault-based or no-fault grounds.

Uncontested Divorce in South Dakota

When the parties in a no-fault divorce proceeding based on irreconcilable differences have reached agreements on all the terms and stipulations, the process may be accelerated. In those cases, the courts may grant the divorce based on affidavits from the parties affirming their residency and grounds, and the parties may not be required to appear in court. There is, however, a 60-day waiting period before a decree can be awarded.

Contested Divorce in South Dakota

A contested divorce is the result of those processes when the parties are disputing one or more issues in the divorce process. These types of divorces are more unpredictable, more time consuming, and more costly. However, the advice of a good divorce attorney can speed this process along.

Annulment in South Dakota

Annulment is rare in South Dakota; however, it can be a necessary process for those who find themselves in an illegal marriage. An annulment declares that marriage null and void if the grounds for annulment can be proved:

• Bigamy and polygamy
• Consanguinity, or marriage between blood relatives
• Fraudulent contract, or being tricked into a marriage
• Mental illness

No Fault Divorce in South Dakota

Couples who both claim there are irreconcilable differences in their marriage have grounds for a no-fault divorce in South Dakota.

South Dakota Fault Divorce

If the parties in a divorce believe they can prove their partner was to blame for the demise of their marriage, they may have general grounds for a fault-based divorce:

• Adultery
• Extreme cruelty
• Wilful desertion
• Wilful neglect
• Habitual intemperance
• Felony conviction

South Dakota Divorce and Child Custody

Child Custody Laws

There are standard visitation and custody guidelines in the state of South Dakota. However, if the parties reach their own agreement and file it with the court, it can be so ordered. In making custody decisions, the court will make the best interested of the child their top priority, without consideration of gender, along with these factors:

• Marital misconduct, as it may relate to the well-being of the child
• The child’s wishes, depending on their age and maturity
• The parents’ wishes

Child Alimony

The courts in South Dakota generally use an official child support obligation schedule to determine child support, which gives no preference to either gender. If any of these extenuating circumstances exist, the court may alter those guidelines:

• The parents’ financial condition
• The tax implications
• The child’s special needs
• Any other sources of income
• The effect of visitation and custody orders
• Childcare expenses
• Any prior agreements to provide additional support
• The voluntary income reduction of either parent
• Other support obligations of the parents

Parents in South Dakota use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.

South Dakota Divorce Spousal Support

When one party, often the custodial parent of any children, has to immediately become self-supporting, the court may order spousal support, based on a number of factors:

• The length of the marriage
• The spouses’ age and health
• The spouses’ education and ability to produce income
• The employment history and earning potential
• The marital standard of living
• The spouses’ current income and expenses
• The spouses’ assets
• Custody orders
• The tax implications
• Any other support obligations

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court.

Temporary Spousal Support

Determined at the discretion of the court.

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in South Dakota

Spouses in the military are protected by South Dakota law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From a South Dakota Divorce Lawyer

Every couple hopes for a smooth divorce with as little stress as possible for themselves and their children. However, if the parties cannot reach an agreement, a divorce will be anything but smooth without the help of a divorce lawyer who can guide their clients through the rough spots and provide the simplest, yet most effective path to resolution.

Thinking About Divorce?

Get Legal Advice First. Talk to a Divorce Lawyer

Want to Learn More?

Check out Nolo's Family Law Resources

Nolo's Essential Guide to Divorce

Divorce Without Court

Retirement Accounts in Divorce

Divorce & Money

A Judge's Guide To Divorce

Temporary Custody &

Visitation Agreement

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