South Dakota Divorce Laws: Residency, Waiting Period, Custody and Support
South Dakota divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for South Dakota
- Residency requirement
- The person filing for divorce or separate maintenance must be a South Dakota resident (or stationed in South Dakota as a member of the armed services) when the case is filed. SDCL 25-4-30
- Waiting period
- A divorce or separate maintenance action cannot be heard or decided until at least 60 days after the summons and complaint are served. Temporary orders can be issued during the waiting period. SDCL 25-4-34; 25-4-17.2
- Dividing property
- When a divorce is granted, the court may make an equitable division of property belonging to either or both spouses, regardless of whose name is on the title, with regard for equity and the circumstances of the parties. SDCL 25-4-44; 25-4-45.1
- Filing fee
- The divorce filing cost is $97 ($50 filing fee plus $40 and $7 in other court costs) under the Unified Judicial System's schedule of court costs (rev. July 1, 2026). A defendant who files an answer pays a $25 answer fee. South Dakota Unified Judicial System, Schedule of Court Costs (rev. July 1, 2026); Divorce with Children plaintiff packet (UJS-307B, rev. 05/2026)
- When child support ends
- Parents have a legal duty to support a child until the child turns 18, or until 19 if the child is a full-time student in a secondary (high) school. SDCL § 25-5-18.1
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | The person filing for divorce or separate maintenance must be a South Dakota resident (or stationed in South Dakota as a member of the armed services) when the case is filed. No minimum length of residence is stated, and the filer does not need to keep that residence afterward to receive the decree. Source: SDCL 25-4-30 |
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| Grounds for divorce | Irreconcilable differences is South Dakota's no-fault ground: substantial reasons, as determined by the court, for not continuing the marriage. A divorce on this ground requires the consent of both spouses unless one spouse has not made a general appearance in the case. Fault grounds are adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance and conviction of a felony. |
| Waiting period | A divorce or separate maintenance action cannot be heard or decided until at least 60 days after the summons and complaint are served. Temporary orders can be issued during the waiting period. If the court sees a reasonable possibility of reconciliation in an irreconcilable differences case, it may continue the case for up to 30 days. Source: SDCL 25-4-34; 25-4-17.2 |
| Filing fee | The divorce filing cost is $97 ($50 filing fee plus $40 and $7 in other court costs) under the Unified Judicial System's schedule of court costs (rev. July 1, 2026). A defendant who files an answer pays a $25 answer fee. A person who cannot afford the fee may file a Motion, Affidavit, and Order to Waive Filing Fee (form UJS-022). |
| Uncontested or simplified divorce | When spouses agree, they can file a stipulated divorce: a Stipulation and Settlement Agreement signed by both, a financial statement, a child support calculation if there are children, and a joint statement on jurisdiction and grounds. After the 60-day waiting period, the court may grant an irreconcilable differences divorce on the parties' affidavits without requiring them to appear in person. The Unified Judicial System provides self-help form packets and a Guide and File interview. |
| Divorce forms | The South Dakota Unified Judicial System posts free plaintiff divorce forms. For a divorce with minor children: Plaintiff's Checklist (UJS-307B), Summons for Divorce with Minor Children (UJS-311), Divorce Complaint with Minor Children (UJS-312), Case Filing Statement (UJS-232), Financial Statement (UJS-023), South Dakota Parenting Guidelines (UJS-302), a fee waiver motion (UJS-022), Notice and Admission of Service (UJS-317), Stipulation and Settlement Agreement (UJS-325), Judgment and Decree of Divorce (UJS-326B) and default forms; a separate set covers divorce without minor children. The free Guide and File online interview ("Divorce with Children" or "Divorce without Children") generates completed forms to print and file at the clerk's office in the correct county. Form questions: UJS Legal Form Help Line 1-855-784-0004. Guide and File: https://ujs.sd.gov/self-help/guidefile/ |
Property and alimony
| Dividing property | When a divorce is granted, the court may make an equitable division of property belonging to either or both spouses, regardless of whose name is on the title, with regard for equity and the circumstances of the parties. Fault is not considered in dividing property except as it relates to how property was acquired during the marriage. Source: SDCL 25-4-44; 25-4-45.1 |
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| Alimony (spousal support) | When a divorce is granted, the court may order one spouse to pay the other a suitable allowance for support for life or for a shorter period, as the court considers just given the circumstances, and may modify it later. The statute does not list factors or a formula. Temporary alimony may be ordered while the case is pending, and support may be awarded in a separate maintenance action. Source: SDCL 25-4-41; 25-4-38; 25-4-40 |
Children: custody and support
| Child custody | Custody is decided by the best interests of the child's temporal, mental and moral welfare. Neither parent is preferred over the other. If the child is old enough to form an intelligent preference, the court may consider it; no specific age is set. There is no presumption of joint physical custody, but a contested request for it is evaluated using listed factors such as each parent's suitability and home, communication and conflict between parents, each parent's involvement, and the child's wishes. Fault is considered only as it bears on a parent's fitness, and a history of domestic abuse creates a rebuttable presumption against awarding custody to the abuser. |
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| Emergency and temporary custody | In a divorce, the court may make orders on custody of the children before or after judgment and can change them at any time. Where there is domestic abuse, a person can apply for a protection order. If the application's affidavit shows that immediate and irreparable harm will happen before the other side can be heard, the court can grant an ex parte temporary protection order (restraining abuse and excluding the abuser from the home) that generally lasts 30 days until a full hearing. After notice and a hearing, if abuse is proved, a protection order can award temporary custody or set temporary visitation for the parties' minor children. Temporary custody under the protection-order law is listed in § 25-10-5 (after a hearing), not among the ex parte relief in § 25-10-6. |
| Parenting class or mediation | Parties in an action involving child custody or parenting time must complete a court-approved parenting course within 60 days of being served with the summons and complaint. The requirement may be waived or delayed only for good cause or if the person completed a court-approved course within the last five years (by filing form UJS-364). In custody or visitation disputes between parents, the court must also order mediation, unless a parent has a domestic abuse or assault conviction or history of domestic abuse, or mediation is unavailable or inappropriate. |
| Grandparents' rights | The circuit court may grant grandparents (including great-grandparents) reasonable visitation, with or without a petition, if it is in the grandchild's best interests and either the visitation will not significantly interfere with the parent-child relationship or the parent or custodian has denied or prevented reasonable opportunity to visit. Source: SDCL 25-4-52 |
Child support
| Child support | South Dakota uses a statutory schedule based on both parents' combined monthly net income, divided between the parents in proportion to their net incomes; the noncustodial parent's share sets the support order (an income shares approach). The schedule includes a self-support reserve for low-income obligors. The Department of Social Services provides a Child Support Obligation calculator, and parties filing a stipulated divorce with children attach the calculation. |
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| How to apply for child support | To open a case with the South Dakota Department of Social Services, Division of Child Support (DCS), a parent, alleged father, or person with court-ordered custody or guardianship completes the Request for Child Support Services form (DSS-SE-408) and submits it to the DCS office for their county. There is a $5 fee per case, payable by cash, personal check or money order; the fee is waived for families receiving TANF, SNAP or Medicaid for the children, and covered by Economic Assistance for families receiving Child Care Assistance. DCS handles parentage, support orders and enforcement, but not custody or parenting time. |
| When child support ends | Parents have a legal duty to support a child until the child turns 18, or until 19 if the child is a full-time student in a secondary (high) school. Source: SDCL § 25-5-18.1 |
| Changing a child support order | Only the circuit court can change a child support obligation. For orders entered or modified after July 1, 1997, an order can be changed on a showing of a substantial change in circumstances if the petition is filed within three years of the order, or without showing any change if filed after three years; under a 2026 law, orders in effect before July 1, 2026 may be modified without showing a change in circumstances. Either parent, or a representative such as a grandparent, files a Petition for Modification (form SE415) with financial statements and income verification through the DCS Modification Unit in Pierre; a referee hears the case and reports to the court. The petitioner pays a $50 filing fee to the Clerk of Courts unless receiving certain assistance or granted a fee waiver. Past-due support generally cannot be changed except for amounts accruing after notice of the petition was given. Statute: https://sdlegislature.gov/Statutes/25-7A-22 |
| If child support isn't paid | The most common collection tool is an Income Withholding Order sent to the paying parent's employer. DCS can also restrict driver's, professional, hunting and fishing licenses when a parent owes $1,000 or more and at least three months of support; submit arrears for IRS tax refund offset (at least $500 past-due) and report them to credit bureaus; restrict passports; and intercept lottery winnings. DCS cannot jail anyone for nonpayment; it can refer the case to circuit court, which can. |
| State child support agency | South Dakota's child support agency is the Division of Child Support of the South Dakota Department of Social Services. It establishes paternity and child support orders, locates non-paying parents, and collects and pays out child support. Apply with the Application and Agreement for Full Services (SE_408) through the division's "Apply for Services" link. The division's website explains how to make or receive a payment, and parents can see case information online through Customer Connect. |
| Official child support calculator | The South Dakota Department of Social Services, Division of Child Support, offers an online Child Support Obligation Calculator. It explains that support obligations are determined by the courts using guidelines in state law, based on the parents' combined monthly net incomes and each parent's proportionate share; the court may also split child care and health care costs. For split custody, each parent's obligation is calculated and compared; for shared parenting, a separate worksheet is used, and the Division of Child Support does not calculate shared parenting obligations. |
Separation, annulment, records and marriage
| Legal separation | Yes. The court may order a legal separation on the ground of irreconcilable differences (with both spouses' consent unless one has not appeared), and a spouse may bring an action for separate maintenance, without asking for divorce, on any ground for divorce. The same residency rule and 60-day waiting period apply. |
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| Annulment | A marriage may be annulled by the circuit court if either party had a living spouse in a marriage still in force; either party was of unsound mind (unless they later freely lived together after recovering); a party was under the age of consent and married without parental consent (unless they lived together after reaching that age; action within four years of reaching the age of consent); consent was obtained by force (within four years of the marriage) or fraud (within four years of discovering it, unless they lived together with full knowledge); or a party was physically incapable of entering the marriage and the condition appears incurable (within four years). |
| Common-law marriage | Marriages must be solemnized, authenticated and recorded. Common-law marriages consented to and consummated before July 1, 1959 are not invalidated; new common-law marriages cannot be formed in South Dakota after that date. Source: SDCL 25-1-29 |
| Changing your name after divorce | When a divorce decree is granted, the court may, on its own or at either party's request, restore to the wife her maiden name or the name she legally had before the marriage. The statute is worded only for a former wife's name. Source: SDCL 25-4-47 |
| Divorce records | The South Dakota Department of Health, Office of Vital Records, issues divorce certificates, which can only be obtained from the State Office in Pierre (by mail, in person, or online/phone through VitalChek). The fee is $15 for a certified or informational copy; online and phone orders add an expedite fee. Certified copies are limited to the registrant, spouse, children, parents, guardian, next of kin or an authorized representative, and proof of relationship may be required. The divorce decree itself comes from the Clerk of Courts in the county where the divorce was filed. Fees page: https://doh.sd.gov/licensing-and-records/vital-records/order-vital-records/vital-records-fees/ |
Marriage and name changes
| Getting a marriage license | Get a license from the register of deeds of any county. Each applicant must sign the application in person and show valid ID and proof of age: a passport; a federal, state, military or tribal photo ID; or a certified birth certificate plus a current school or employment photo ID (or a completed IRS Form 4029). A power of attorney cannot be used. The fee is $40. The license becomes void unless the marriage is solemnized within 90 days after it is issued. The statutes reviewed set no waiting period for adults. |
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| Minimum marriage age | Both applicants must generally be 18 when the license is issued. A 16- or 17-year-old may marry only with either a circuit court order (after an in-person hearing, private meetings with each applicant, and written findings that the marriage is voluntary and in the minor's best interest; the license then cannot issue until 30 days after approval) or notarized written consent of both parents or the legal guardian of each minor applicant. No license may be issued under these exceptions if the applicants' ages differ by more than four years. |
| Legal name change | A person who has lived in a South Dakota county for at least six months files a petition with the clerk of courts in that county, in circuit court, stating the reason and the name requested. Notice of the hearing must be published once a week for four weeks in a legal newspaper in the county. At the hearing in open court, the judge orders the change if notice was given, the petition is true, and there is proper and reasonable cause. The court may skip publication and an open hearing for an adult domestic abuse victim or a human trafficking victim who shows a particular need for protection, and may seal the records. |
Adoption, guardianship and paternity
| Adoption requirements | Any adult may adopt a minor child, but must be at least 10 years older than the child unless the court finds the adoption is in the child's best interest; a married person needs the spouse's consent unless legally separated. Adoption cases are heard in circuit court, and the child's best interests are the paramount consideration. Both parents must consent, as must the child if over 12, but the court may waive a parent's consent in the child's best interest on grounds such as abandonment for six months or more before filing (by clear and convincing evidence), substantial and repeated neglect, willful failure to support when able, or a prison sentence that would deprive the child of the parent for a critical period. A home study with a fingerprint-based criminal check and central registry screening is required before a child is placed for adoption, the court orders an investigation and report, and the child must live in the home at least six months before the adoption is granted. |
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| Stepparent adoption | A stepparent files the same circuit court petition. The other parent's consent is required unless the court waives it on statutory grounds (such as six months of abandonment or willful failure to support). In a stepparent adoption, the court may (but is not required to) order a Department of Social Services or other investigation and report; in all other adoptions it must. The six-month residence rule (§ 25-6-9) has no stated stepparent exception, but the petition may be filed before the six months pass. |
| Guardianship of a child | The minor, an interested relative, the person or facility caring for the minor, the minor's nominee, or any other interested person may petition the circuit court, along with a statement of the minor's financial resources. After notice and a hearing (which the minor, if 10 or older, must generally attend), the court may appoint a guardian or conservator only if it is in the minor's best interests, considering the proposed guardian's suitability, the minor's living arrangements, any property needing management, the availability of less restrictive alternatives, and the need to protect the minor from neglect, exploitation or abuse. |
| Guardianship of an adult | The person, an interested relative, a caregiver or facility, a nominee, or any other interested person (including the Department of Human Services) may petition. A guardian may be appointed for someone whose ability to respond to people, events and environments is so impaired that they cannot meet essential health, care, safety, habilitation or therapeutic needs without help. The person may attend, oppose the petition, have a lawyer, demand a jury and cross-examine witnesses; the standard is clear and convincing evidence. In deciding whether to appoint and what powers to grant, the court considers the person's limitations, maximum feasible self-reliance and independence, the availability of less restrictive alternatives, and the need for protection from neglect, exploitation or abuse. |
| Establishing paternity | At the birth of a child to an unmarried mother, the hospital or birth attendant must offer the mother and alleged father the chance to sign a sworn affidavit of paternity; the signed, notarized original is forwarded to the Department of Health within seven days. A signed and notarized affidavit creates a rebuttable presumption of paternity and lets the Department of Social Services set child support without further proceedings. An action contesting the presumption must be brought in circuit court within the earlier of 60 days after it was created or the date of an administrative or court proceeding about the child; for fraud, duress or material mistake of fact, the deadline is three years. Paternity can also be decided in a civil action, and the court must order genetic testing of the mother, child and alleged father for good cause on a motion. |
| Emancipation of a minor | A minor at least 16 who lives apart from parents or guardian with their consent or acquiescence, manages their own finances, and has lawful income may file a verified petition in the circuit court of the county where they live; parents or guardians get notice the court considers reasonable. The court issues a declaration of emancipation if the requirements are met and it is not contrary to the minor's best interest. Parents and child may also make an express emancipation agreement, which the circuit court must approve. Minors who marry or are on active military duty are also emancipated. An emancipated minor is treated as an adult for medical consent, contracts, suing and being sued, support and earnings, setting a residence, buying or selling real estate, ending parents' vicarious tort liability, and school enrollment. |
Where to get help in South Dakota
Divorce & Family Law FAQ
How long do you have to live in South Dakota to file for divorce?
The person filing for divorce or separate maintenance must be a South Dakota resident (or stationed in South Dakota as a member of the armed services) when the case is filed. No minimum length of residence is stated, and the filer does not need to keep that residence afterward to receive the decree.
Is South Dakota a no-fault divorce state?
Irreconcilable differences is South Dakota's no-fault ground: substantial reasons, as determined by the court, for not continuing the marriage. A divorce on this ground requires the consent of both spouses unless one spouse has not made a general appearance in the case. Fault grounds are adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance and conviction of a felony.
Is there a waiting period for divorce in South Dakota?
A divorce or separate maintenance action cannot be heard or decided until at least 60 days after the summons and complaint are served. Temporary orders can be issued during the waiting period. If the court sees a reasonable possibility of reconciliation in an irreconcilable differences case, it may continue the case for up to 30 days.
How much does it cost to file for divorce in South Dakota?
The divorce filing cost is $97 ($50 filing fee plus $40 and $7 in other court costs) under the Unified Judicial System's schedule of court costs (rev. July 1, 2026). A defendant who files an answer pays a $25 answer fee. A person who cannot afford the fee may file a Motion, Affidavit, and Order to Waive Filing Fee (form UJS-022).
How do you get an uncontested divorce in South Dakota?
When spouses agree, they can file a stipulated divorce: a Stipulation and Settlement Agreement signed by both, a financial statement, a child support calculation if there are children, and a joint statement on jurisdiction and grounds. After the 60-day waiting period, the court may grant an irreconcilable differences divorce on the parties' affidavits without requiring them to appear in person. The Unified Judicial System provides self-help form packets and a Guide and File interview.
Is South Dakota a community property state?
When a divorce is granted, the court may make an equitable division of property belonging to either or both spouses, regardless of whose name is on the title, with regard for equity and the circumstances of the parties. Fault is not considered in dividing property except as it relates to how property was acquired during the marriage.
How is alimony decided in South Dakota?
When a divorce is granted, the court may order one spouse to pay the other a suitable allowance for support for life or for a shorter period, as the court considers just given the circumstances, and may modify it later. The statute does not list factors or a formula. Temporary alimony may be ordered while the case is pending, and support may be awarded in a separate maintenance action.
How is child custody decided in South Dakota?
Custody is decided by the best interests of the child's temporal, mental and moral welfare. Neither parent is preferred over the other. If the child is old enough to form an intelligent preference, the court may consider it; no specific age is set. There is no presumption of joint physical custody, but a contested request for it is evaluated using listed factors such as each parent's suitability and home, communication and conflict between parents, each parent's involvement, and the child's wishes. Fault is considered only as it bears on a parent's fitness, and a history of domestic abuse creates a rebuttable presumption against awarding custody to the abuser.
How is child support calculated in South Dakota?
South Dakota uses a statutory schedule based on both parents' combined monthly net income, divided between the parents in proportion to their net incomes; the noncustodial parent's share sets the support order (an income shares approach). The schedule includes a self-support reserve for low-income obligors. The Department of Social Services provides a Child Support Obligation calculator, and parties filing a stipulated divorce with children attach the calculation.
Do you have to take a parenting class to divorce in South Dakota?
Parties in an action involving child custody or parenting time must complete a court-approved parenting course within 60 days of being served with the summons and complaint. The requirement may be waived or delayed only for good cause or if the person completed a court-approved course within the last five years (by filing form UJS-364). In custody or visitation disputes between parents, the court must also order mediation, unless a parent has a domestic abuse or assault conviction or history of domestic abuse, or mediation is unavailable or inappropriate.
Can you get a legal separation in South Dakota?
Yes. The court may order a legal separation on the ground of irreconcilable differences (with both spouses' consent unless one has not appeared), and a spouse may bring an action for separate maintenance, without asking for divorce, on any ground for divorce. The same residency rule and 60-day waiting period apply.
What are the grounds for annulment in South Dakota?
A marriage may be annulled by the circuit court if either party had a living spouse in a marriage still in force; either party was of unsound mind (unless they later freely lived together after recovering); a party was under the age of consent and married without parental consent (unless they lived together after reaching that age; action within four years of reaching the age of consent); consent was obtained by force (within four years of the marriage) or fraud (within four years of discovering it, unless they lived together with full knowledge); or a party was physically incapable of entering the marriage and the condition appears incurable (within four years).
Does South Dakota recognize common-law marriage?
Marriages must be solemnized, authenticated and recorded. Common-law marriages consented to and consummated before July 1, 1959 are not invalidated; new common-law marriages cannot be formed in South Dakota after that date.
Do grandparents have visitation rights in South Dakota?
The circuit court may grant grandparents (including great-grandparents) reasonable visitation, with or without a petition, if it is in the grandchild's best interests and either the visitation will not significantly interfere with the parent-child relationship or the parent or custodian has denied or prevented reasonable opportunity to visit.
How do you change your name back after a divorce in South Dakota?
When a divorce decree is granted, the court may, on its own or at either party's request, restore to the wife her maiden name or the name she legally had before the marriage.
At what age does child support end in South Dakota?
Parents have a legal duty to support a child until the child turns 18, or until 19 if the child is a full-time student in a secondary (high) school.
How do I file for child support in South Dakota?
To open a case with the South Dakota Department of Social Services, Division of Child Support (DCS), a parent, alleged father, or person with court-ordered custody or guardianship completes the Request for Child Support Services form (DSS-SE-408) and submits it to the DCS office for their county. There is a $5 fee per case, payable by cash, personal check or money order; the fee is waived for families receiving TANF, SNAP or Medicaid for the children, and covered by Economic Assistance for families receiving Child Care Assistance. DCS handles parentage, support orders and enforcement, but not custody or parenting time.
What happens if you don't pay child support in South Dakota?
The most common collection tool is an Income Withholding Order sent to the paying parent's employer. DCS can also restrict driver's, professional, hunting and fishing licenses when a parent owes $1,000 or more and at least three months of support; submit arrears for IRS tax refund offset (at least $500 past-due) and report them to credit bureaus; restrict passports; and intercept lottery winnings. DCS cannot jail anyone for nonpayment; it can refer the case to circuit court, which can.
How do you modify child support in South Dakota?
Only the circuit court can change a child support obligation. For orders entered or modified after July 1, 1997, an order can be changed on a showing of a substantial change in circumstances if the petition is filed within three years of the order, or without showing any change if filed after three years; under a 2026 law, orders in effect before July 1, 2026 may be modified without showing a change in circumstances. Either parent, or a representative such as a grandparent, files a Petition for Modification (form SE415) with financial statements and income verification through the DCS Modification Unit in Pierre; a referee hears the case and reports to the court. The petitioner pays a $50 filing fee to the Clerk of Courts unless receiving certain assistance or granted a fee waiver. Past-due support generally cannot be changed except for amounts accruing after notice of the petition was given.
How do you get emergency custody in South Dakota?
In a divorce, the court may make orders on custody of the children before or after judgment and can change them at any time. Where there is domestic abuse, a person can apply for a protection order. If the application's affidavit shows that immediate and irreparable harm will happen before the other side can be heard, the court can grant an ex parte temporary protection order (restraining abuse and excluding the abuser from the home) that generally lasts 30 days until a full hearing. After notice and a hearing, if abuse is proved, a protection order can award temporary custody or set temporary visitation for the parties' minor children.
Are divorce records public in South Dakota, and how do I get a copy?
The South Dakota Department of Health, Office of Vital Records, issues divorce certificates, which can only be obtained from the State Office in Pierre (by mail, in person, or online/phone through VitalChek). The fee is $15 for a certified or informational copy; online and phone orders add an expedite fee. Certified copies are limited to the registrant, spouse, children, parents, guardian, next of kin or an authorized representative, and proof of relationship may be required. The divorce decree itself comes from the Clerk of Courts in the county where the divorce was filed.
How do you get a marriage license in South Dakota?
Get a license from the register of deeds of any county. Each applicant must sign the application in person and show valid ID and proof of age: a passport; a federal, state, military or tribal photo ID; or a certified birth certificate plus a current school or employment photo ID (or a completed IRS Form 4029). A power of attorney cannot be used. The fee is $40. The license becomes void unless the marriage is solemnized within 90 days after it is issued. The statutes reviewed set no waiting period for adults.
What is the legal age to get married in South Dakota?
Both applicants must generally be 18 when the license is issued. A 16- or 17-year-old may marry only with either a circuit court order (after an in-person hearing, private meetings with each applicant, and written findings that the marriage is voluntary and in the minor's best interest; the license then cannot issue until 30 days after approval) or notarized written consent of both parents or the legal guardian of each minor applicant. No license may be issued under these exceptions if the applicants' ages differ by more than four years.
What are the requirements to adopt a child in South Dakota?
Any adult may adopt a minor child, but must be at least 10 years older than the child unless the court finds the adoption is in the child's best interest; a married person needs the spouse's consent unless legally separated. Adoption cases are heard in circuit court, and the child's best interests are the paramount consideration. Both parents must consent, as must the child if over 12, but the court may waive a parent's consent in the child's best interest on grounds such as abandonment for six months or more before filing (by clear and convincing evidence), substantial and repeated neglect, willful failure to support when able, or a prison sentence that would deprive the child of the parent for a critical period. A home study with a fingerprint-based criminal check and central registry screening is required before a child is placed for adoption, the court orders an investigation and report, and the child must live in the home at least six months before the adoption is granted.
How does stepparent adoption work in South Dakota?
A stepparent files the same circuit court petition. The other parent's consent is required unless the court waives it on statutory grounds (such as six months of abandonment or willful failure to support). In a stepparent adoption, the court may (but is not required to) order a Department of Social Services or other investigation and report; in all other adoptions it must.
How do you get guardianship of a child in South Dakota?
The minor, an interested relative, the person or facility caring for the minor, the minor's nominee, or any other interested person may petition the circuit court, along with a statement of the minor's financial resources. After notice and a hearing (which the minor, if 10 or older, must generally attend), the court may appoint a guardian or conservator only if it is in the minor's best interests, considering the proposed guardian's suitability, the minor's living arrangements, any property needing management, the availability of less restrictive alternatives, and the need to protect the minor from neglect, exploitation or abuse.
How do you get guardianship of an adult in South Dakota?
The person, an interested relative, a caregiver or facility, a nominee, or any other interested person (including the Department of Human Services) may petition. A guardian may be appointed for someone whose ability to respond to people, events and environments is so impaired that they cannot meet essential health, care, safety, habilitation or therapeutic needs without help. The person may attend, oppose the petition, have a lawyer, demand a jury and cross-examine witnesses; the standard is clear and convincing evidence. In deciding whether to appoint and what powers to grant, the court considers the person's limitations, maximum feasible self-reliance and independence, the availability of less restrictive alternatives, and the need for protection from neglect, exploitation or abuse.
How do you establish paternity in South Dakota?
At the birth of a child to an unmarried mother, the hospital or birth attendant must offer the mother and alleged father the chance to sign a sworn affidavit of paternity; the signed, notarized original is forwarded to the Department of Health within seven days. A signed and notarized affidavit creates a rebuttable presumption of paternity and lets the Department of Social Services set child support without further proceedings. An action contesting the presumption must be brought in circuit court within the earlier of 60 days after it was created or the date of an administrative or court proceeding about the child; for fraud, duress or material mistake of fact, the deadline is three years. Paternity can also be decided in a civil action, and the court must order genetic testing of the mother, child and alleged father for good cause on a motion.
How do you legally change your name in South Dakota?
A person who has lived in a South Dakota county for at least six months files a petition with the clerk of courts in that county, in circuit court, stating the reason and the name requested. Notice of the hearing must be published once a week for four weeks in a legal newspaper in the county. At the hearing in open court, the judge orders the change if notice was given, the petition is true, and there is proper and reasonable cause. The court may skip publication and an open hearing for an adult domestic abuse victim or a human trafficking victim who shows a particular need for protection, and may seal the records.
How does a minor get emancipated in South Dakota?
A minor at least 16 who lives apart from parents or guardian with their consent or acquiescence, manages their own finances, and has lawful income may file a verified petition in the circuit court of the county where they live; parents or guardians get notice the court considers reasonable. The court issues a declaration of emancipation if the requirements are met and it is not contrary to the minor's best interest. Parents and child may also make an express emancipation agreement, which the circuit court must approve. Minors who marry or are on active military duty are also emancipated. An emancipated minor is treated as an adult for medical consent, contracts, suing and being sued, support and earnings, setting a residence, buying or selling real estate, ending parents' vicarious tort liability, and school enrollment.
Where can I get divorce papers and forms in South Dakota?
The South Dakota Unified Judicial System posts free plaintiff divorce forms. For a divorce with minor children: Plaintiff's Checklist (UJS-307B), Summons for Divorce with Minor Children (UJS-311), Divorce Complaint with Minor Children (UJS-312), Case Filing Statement (UJS-232), Financial Statement (UJS-023), South Dakota Parenting Guidelines (UJS-302), a fee waiver motion (UJS-022), Notice and Admission of Service (UJS-317), Stipulation and Settlement Agreement (UJS-325), Judgment and Decree of Divorce (UJS-326B) and default forms; a separate set covers divorce without minor children. The free Guide and File online interview ("Divorce with Children" or "Divorce without Children") generates completed forms to print and file at the clerk's office in the correct county. Form questions: UJS Legal Form Help Line 1-855-784-0004.
Who handles child support in South Dakota, and how do I contact them?
South Dakota's child support agency is the Division of Child Support of the South Dakota Department of Social Services. It establishes paternity and child support orders, locates non-paying parents, and collects and pays out child support. Apply with the Application and Agreement for Full Services (SE_408) through the division's "Apply for Services" link. The division's website explains how to make or receive a payment, and parents can see case information online through Customer Connect.
Is there an official child support calculator in South Dakota?
The South Dakota Department of Social Services, Division of Child Support, offers an online Child Support Obligation Calculator. It explains that support obligations are determined by the courts using guidelines in state law, based on the parents' combined monthly net incomes and each parent's proportionate share; the court may also split child care and health care costs. For split custody, each parent's obligation is calculated and compared; for shared parenting, a separate worksheet is used, and the Division of Child Support does not calculate shared parenting obligations.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.