How to File for Divorce in South Dakota

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.

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).

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.

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.

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.