South Dakota Divorce Filing Checklist 2025

Filing for divorce in South Dakota offers unique advantages: no minimum residency requirement, a straightforward $97 filing fee, and automatic protections through temporary restraining orders. With a mandatory 60-day waiting period and comprehensive self-help resources, South Dakota provides a clear path through the divorce process.

No Minimum Residency Requirement

Unlike most states, South Dakota has no set minimum residency period. Under SDCL 25-4-30, you only need to be a South Dakota resident (or stationed here on active duty military) at the time you file. This makes South Dakota one of the most accessible states for filing divorce.

You can file in the circuit court of any county where either spouse resides. If filed in a county other than where the defendant lives, the defendant may move to change the place of trial to their county of residence.

Grounds for Divorce: No-Fault and Fault Options

South Dakota recognizes both no-fault and fault-based grounds for divorce under SDCL 25-4-2:

No-fault option: Irreconcilable differences is the simplest path. The court may grant a divorce on this ground based on affidavits without a personal appearance if both parties consent. If one spouse does not make a general appearance, the no-fault option is still available.

Fault-based grounds include adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, and conviction of a felony. Most couples choose the no-fault route as it's faster and more settlement-friendly.

Required Forms and Documents

South Dakota's Unified Judicial System provides comprehensive self-help resources through ujslawhelp.sd.gov with separate form packets for cases with and without children:

• UJS-232: Case Filing Statement
• UJS-309 (without children) or UJS-311 (with children): Summons (includes automatic temporary restraining order language)
• UJS-310 (without children) or UJS-312 (with children): Complaint
• UJS-023: Financial Affidavit
• UJS-302: South Dakota Parenting Guidelines (required in cases with minor children)

The UJS website offers a Guide and File system that generates completed forms by answering a series of questions, making the process easier for self-represented litigants.

Filing Fees and Costs

As of July 14, 2025, South Dakota's divorce filing fees are:

• Divorce filing fee: $97 (includes $50 filing fee + $40 automation surcharge + $7 law library fee)
• Answer/responsive pleading fee: $25 (if the defendant files an answer)

Fee waivers are available if you cannot afford the filing fees. Use forms UJS-022 (Motion & Order Waiving Fees), UJS-023 (Financial Affidavit), and UJS-028 (Order Waiving Fees). Defendants can use form UJS-137 to request a waiver of the $25 answer fee.

Estimate Your South Dakota Divorce Costs

Use our calculator to estimate filing fees, service costs, and parenting education expenses based on your specific situation. For additional cost-cutting strategies, explore our guide on ways to save money during divorce.

The Automatic Temporary Restraining Order (ATRO)

Upon personal service of the summons, an automatic temporary restraining order (ATRO) takes effect, binding both parties under SDCL 25-4-33.1. This language must be printed on the Summons.

The ATRO prohibits both spouses from:

• Transferring, encumbering, or dissipating marital assets (except for necessities or regular business)
• Harassing or disturbing the peace of the other party
• Removing any minor child from South Dakota without written consent or court order
• Changing insurance for parties or children (with narrow exceptions)

The ATRO remains in effect until the final decree, dismissal, or further court order, protecting both parties' interests during the divorce process.

The Mandatory 60-Day Waiting Period

Under SDCL 25-4-34, the court cannot hear, try, or enter judgment on a divorce until 60 days have passed from completed service. This "cooling-off period" applies to all divorces, whether contested or uncontested.

During this waiting period, the court may issue temporary orders for spousal support, child custody and parenting time, child support, and exclusive use of property. These temporary orders help stabilize finances and parenting arrangements while the divorce proceeds.

Parenting Education Requirement

If you have minor children, both parents must complete a court-approved parenting education course within 60 days of service under SDCL 25-4A-32. The court cannot enter a final decree until both parties comply or the judge grants a waiver for good cause.

Use form UJS-364 to document completion. The UJS provides a list of approved providers statewide, including free or sliding-scale classes in some circuits.

E-Filing and Self-Help Resources

South Dakota uses the Odyssey File & Serve system for electronic filing. Attorneys must e-file, but self-represented litigants may choose to e-file or file paper documents in person.

The UJS Self-Help Center offers:

• Comprehensive form packets for divorce with and without children
• Online "Guide and File" system to generate completed forms
• Legal Form Help Line: 1-855-784-0004 (answers questions about completing forms)
• Instructions, checklists, and sample documents

Timeline and Next Steps

For an uncontested divorce in South Dakota, here's a typical timeline. For a complete breakdown of what to expect, read our guide on South Dakota divorce timelines:

1. Day 1: File Case Filing Statement, Summons, Complaint, and Financial Affidavit; pay $97 filing fee
2. Day 7-14: Serve your spouse; ATRO takes effect upon personal service; spouse has 30 days to answer
3. Day 1-60: Complete parenting education course (if applicable)
4. Day 60+: After waiting period ends, court can schedule hearing or accept affidavits for uncontested case
5. Day 75-90: Final decree entered (if uncontested and all requirements met)

Contested cases involving property division, spousal support, or custody disputes will take longer and may require mediation, discovery, and a trial.