How Long Divorce Takes in South Dakota

Planning your South Dakota divorce timeline requires understanding one critical statutory requirement that applies to every divorce case in the state: a mandatory 60-day waiting period between service and final judgment. Unlike many states with minimum residency duration requirements, South Dakota has the most lenient residency rule in the nation—you only need to be a resident when you file. However, this 60-day "cooling off" period creates a firm floor for how quickly any divorce can be finalized. To prepare effectively, review our comprehensive South Dakota divorce filing checklist.

This comprehensive guide breaks down the South Dakota divorce timeline from filing through final decree, explains the state's unique 60-day waiting period (and what you can do during it), and provides realistic timelines for both uncontested and contested cases. We'll also cover the mandatory parenting education requirement, automatic restraining orders that take effect upon service, and the critical milestones that determine when your divorce becomes final in South Dakota Circuit Court.

Understanding South Dakota's Mandatory 60-Day Waiting Period

South Dakota's most distinctive timeline feature is the 60-day mandatory waiting period codified in SDCL § 25-4-34. No hearing, trial, or final judgment can occur until 60 days have elapsed from completed service of the summons and complaint on the defendant. This waiting period applies universally—to uncontested, contested, and default divorces alike.

The 60-day clock starts on the date service is completed, not the filing date. If you file your petition on January 1st but don't serve your spouse until January 15th, the 60-day period runs from January 15th, meaning the earliest possible final judgment date would be March 16th (60 days later). This distinction is critical for timeline planning.

Important: While you cannot finalize your divorce before 60 days have passed, the court may issue temporary orders during the waiting period to stabilize finances, custody arrangements, and living situations. These temporary orders can address spousal support, child support, custody, parenting time, and exclusive use of the marital home.

Purpose of the Waiting Period

The 60-day waiting period is intended as a "cooling off" period—giving couples an opportunity to reconsider, attempt reconciliation, or refine settlement terms before the divorce becomes final. Under SDCL § 25-4-17.2, the court may continue a case for up to 30 additional days specifically for reconciliation efforts if either party requests it.

Uncontested Divorce Timeline: 2–3 Months on Average

An uncontested (stipulated) divorce in South Dakota—where both spouses agree on all terms including property division, debt allocation, and (if applicable) custody, parenting time, and child support—typically takes 2 to 3 months from filing to final decree. Here's the step-by-step breakdown:

Filing (Day 0)

File your initial packet with the South Dakota Circuit Court Clerk of Courts in the county where either spouse resides. Your packet includes:

• Case Filing Statement (UJS-232)
• Summons (UJS-309 without children; UJS-311 with children) – must include automatic temporary restraining order (ATRO) language
• Complaint (UJS-310 without children; UJS-312 with children)
• Financial Affidavit (UJS-023)
• Parenting Guidelines (UJS-302) – required in cases involving custody or parenting time

Pay the $97 filing fee (effective July 14, 2025), which includes a $50 filing fee, $40 automation surcharge, and $7 law library fee. Fee waivers are available using forms UJS-022, UJS-023, and UJS-028 if you cannot afford the fee.

Service (Days 1–21)

Serve the summons and complaint on your spouse. You can use personal service by sheriff (standard method), or if your spouse cooperates, use the Notice and Admission of Service by mail (forms UJS-315 or UJS-317). The ATRO takes effect automatically upon personal service and restrains both parties from transferring assets, harassing each other, removing children from South Dakota, or changing insurance without consent or court order.

Answer Period (Days 1–30)

The defendant has 30 days after service to file an answer under SD Rule 12(a). In uncontested cases, the defendant either does not answer (consenting by default) or files an answer agreeing to the divorce and proposed settlement.

The 60-Day Wait (Days 1–60)

During this mandatory period, both parties can complete parenting education (if required), finalize settlement agreements, and exchange final financial documents. If proceeding on grounds of irreconcilable differences (the most common no-fault ground), both parties may consent to having the court grant the divorce on affidavits without a personal appearance, using forms UJS-319A or UJS-319B.

Final Judgment (Days 61–90)

After day 60, submit your stipulation and settlement agreement along with the proposed Judgment and Decree (UJS-326A without children; UJS-326B with children). Courts typically review and enter the decree within 2–4 weeks, bringing the total timeline to approximately 70–100 days (2–3 months) from filing.

Contested Divorce Timeline: 6–12+ Months

A contested divorce in South Dakota—where the parties disagree on property division, alimony, custody, or support—typically takes 6 to 12 months or longer, depending on the complexity of disputes and court availability. The 60-day waiting period still applies, but additional procedural requirements extend the timeline significantly.

Months 1–2: Filing, Service, and Answer

The process begins identically to an uncontested case: filing the petition, service, and the defendant's answer within 30 days. In contested cases, the answer disputes material allegations or requests different relief on financial or custody issues.

Months 1–3: Temporary Orders

Even before the 60-day mark, the court can issue temporary orders to effectuate the purposes of the divorce statutes. Common temporary orders include:

• Temporary spousal support (alimony pending action)
• Child custody and parenting time arrangements
• Child support payments
• Exclusive use of the marital home
• Protection orders if domestic violence is alleged

Months 2–4: Mandatory Parenting Education and Mediation

In cases involving minor children, South Dakota requires:

• Parenting education: Both parents must complete a court-approved parenting course within 60 days of service under SDCL § 25-4A-32. No final decree can be entered until both comply (or the judge grants a waiver).
• Mandatory mediation: Under SDCL § 25-4-56, the court "shall order" mediation in custody/visitation disputes unless exceptions apply (certain domestic abuse convictions/history, mediation unavailability, or inappropriateness).

Months 3–8: Discovery and Case Management

Contested cases require formal discovery: financial affidavits, interrogatories, document requests, depositions, and potentially business valuations or custody evaluations. Judges issue scheduling orders and set pretrial conference dates. Discovery timelines vary significantly by circuit; consult the UJS Circuit Judge Preferences for local practice standards.

Months 6–12+: Trial and Final Decree

If settlement efforts fail, the court schedules a trial. Trial dates depend on court calendars and case complexity. After trial, the judge enters a Judgment and Decree deciding all unresolved issues:

• Property division: Equitable distribution under SDCL § 25-4-44
• Spousal support: Considerations under SDCL § 25-4-41
• Custody: Best interests standard under SDCL § 25-4-45
• Child support: According to South Dakota guidelines

Critical Requirements and Unique South Dakota Rules

Several distinctive requirements shape the South Dakota divorce timeline:

NO Residency Duration Requirement

South Dakota has the most lenient residency requirement in the United States. Under SDCL § 25-4-30, you must be a South Dakota resident (or active-duty military stationed in South Dakota) when you file—but there is no minimum duration. You could theoretically move to South Dakota and file for divorce the same day.

Automatic Temporary Restraining Order (ATRO)

Upon personal service, SDCL § 25-4-33.1 creates an automatic restraining order binding both parties. The ATRO language must be printed on the summons and restrains:

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

Parenting Education Requirement

Effective September 1, 2022, both parents must complete a court-approved parenting course within 60 days of service in any case involving custody or parenting time. The court cannot enter a final decree until both parties comply or receive a judicial waiver. Completion is documented using form UJS-364.

South Dakota Parenting Guidelines

Under SDCL § 25-4A Appendix A, the Parenting Guidelines must be served with the summons in divorce/paternity actions. If parents cannot agree on a parenting plan, the Guidelines become the default and are enforceable as a court order unless a parent objects and the court orders otherwise.

Calculate Your South Dakota Divorce Costs

Understanding your timeline also means planning for costs. South Dakota's base filing fee is $97, but contested cases add mediation costs, potential custody evaluations, and attorney fees. Use our free calculator below to estimate your total divorce costs, pre-configured with South Dakota's fees and typical rates.

Note: Estimates are for planning purposes. Actual costs vary based on case complexity, attorney hourly rates ($200–$400+), mediation fees (allocated by court), custody evaluation fees (often $1,500–$5,000), and whether you settle or proceed to trial.

Frequently Asked Questions

Can the 60-day waiting period be shortened or waived?
No. The 60-day waiting period is mandatory by statute (SDCL § 25-4-34) and applies to all divorce types—uncontested, contested, and default. There is no provision for waiving or shortening this period under any circumstances.

Do I have to appear in court for an uncontested divorce?
Not necessarily. If your grounds are irreconcilable differences and both parties consent, the court may grant the divorce on affidavits (using forms UJS-319A or UJS-319B) without requiring personal appearance. However, some judges still prefer a brief hearing; check local preferences.

How long do I have to live in South Dakota before filing for divorce?
South Dakota has no minimum residency duration requirement. You must be a resident when you file, but you could theoretically establish residency and file on the same day. However, you must prove genuine South Dakota domicile (intent to make it your permanent home).

What is the automatic restraining order, and when does it take effect?
The ATRO (automatic temporary restraining order) takes effect immediately upon personal service of the summons. It restricts both parties from transferring assets, harassing each other, removing children from South Dakota, or changing insurance without consent or court order. The ATRO language must be printed on the summons per SDCL § 25-4-33.1.

Do we have to take a parenting class if we have minor children?
Yes. Since September 1, 2022, South Dakota requires both parents to complete a court-approved parenting education course within 60 days of service in any case involving custody or parenting time. No final decree can be entered until both comply or receive a judicial waiver for good cause.

Conclusion

Planning your South Dakota divorce timeline centers on understanding the mandatory 60-day waiting period—the single biggest timing rule affecting all divorces in the state. While South Dakota offers the nation's most lenient residency requirement (no minimum duration), the 60-day waiting period creates a firm floor below which no divorce can be finalized, regardless of how quickly you complete other requirements.

For uncontested divorces where both parties agree, expect a 2- to 3-month timeline from filing to final decree. Contested cases with custody disputes, mandatory mediation, and potential trials typically take 6 to 12 months or longer. Critical requirements like parenting education (60 days to complete), the automatic restraining order upon service, and proper service procedures all shape the overall timeline. For guidance on reducing legal costs in contested cases, explore our article on divorce battle or mediation costs.

Ready to estimate the total costs of your South Dakota divorce beyond just the timeline? Use our South Dakota Divorce Cost Calculator to get a comprehensive breakdown. For more information about South Dakota's divorce requirements and procedures, visit the UJS Self-Help Center. Additionally, explore strategies to save money on divorce while navigating the process.

Understanding the South Dakota divorce timeline helps you set realistic expectations, make informed decisions about settlement versus trial, and plan financially and emotionally for the road ahead. While you cannot control the mandatory 60-day waiting period, knowing what to expect at each stage empowers you to navigate the process with confidence.