Residency Requirements

In South Dakota, the spouse filing for divorce must be a resident of the state or be stationed in the state while a member of the armed services at the time of filing and until the divorce is final. South Dakota has no minimum residency requirement.

Grounds

South Dakota’s no-fault grounds for divorce are irreconcilable differences, causing the irretrievable breakdown of the marriage.

Some fault-based grounds for divorce in South Dakota include, but are not limited to, adultery, conviction of a felony, willful desertion and cruel or inhuman treatment.

Child Custody

In an effort to preserve the best interests of the child, the court may order joint legal custody, taking into consideration the wishes of the parents. The court may also grant one of the parents sole responsibility over all aspects of the child's welfare, or may divide parenting duties between the parties, in based on protecting the child’s best interests. Generally, the court will approve any agreement reached by the parties regarding parenting, so long as the best interests of the child are adhered to. The court will generally approve any agreement the parties reach concerning custody, so long as it appears to be in the child's best interest.

Child Support

South Dakota has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue

An action for divorce may be brought in the county of residence of either party.

Mediation

The Courts of South Dakota are authorized to order mediation for any custody or visitation dispute between parents. Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.