Filing for divorce in South Dakota means choosing between uncontested and contested paths, each with distinct timelines and costs. South Dakota allows both no-fault (irreconcilable differences) and fault grounds, with a mandatory 60-day waiting period from completed service. Uncontested divorces typically conclude in 2-3 months for $97-$2,500, while contested cases can extend 6-12 months with costs reaching $8,000 or more. The decision you make can significantly impact your ability to save money on divorce.
Understanding South Dakota Divorce Requirements
Before filing for divorce in South Dakota, you must meet the state's residency requirement. You must be a South Dakota resident when you file—there is no set minimum number of days. Cases are handled by the South Dakota Circuit Court in the county where either spouse resides.
South Dakota imposes a 60-day waiting period from completed service before any hearing or judgment can occur. This applies to all divorces, whether uncontested or contested. During this period, the court may issue temporary orders for support, custody, and protection.
Uncontested Divorce in South Dakota: The Streamlined Path
An uncontested divorce occurs when both parties agree on all issues: property division, debt allocation, spousal support, and if applicable, child custody and support. South Dakota offers an efficient process for agreed cases.
Divorce Without a Hearing
If both spouses consent to divorce on irreconcilable differences grounds and all paperwork is in order, the court may grant the decree on affidavits alone—no personal appearance required. This is one of South Dakota's most efficient options for couples who fully agree.
Uncontested Divorce Costs and Timeline
- Filing fee: $97 ($50 filing + $40 automation + $7 law library)
- Answer fee (if filed): $25
- 60-day mandatory waiting period
- Timeline: 60-90 days typical for agreed cases
Contested Divorce: When Agreement Isn't Possible
When spouses cannot agree on one or more issues, the case becomes contested. This triggers standard civil litigation procedures including temporary orders, discovery, mediation for parenting issues, pretrial conferences, and potentially trial.
Common Contested Issues
- Property division: South Dakota uses equitable distribution, dividing property fairly under the circumstances regardless of title
- Custody and parenting time: Mandatory mediation applies (with domestic violence exceptions)
- Spousal support: May be awarded for life or a shorter period based on marriage length and circumstances
- Child support: Calculated using South Dakota's child support guidelines
Automatic Temporary Restraining Order
Under SDCL 25-4-33.1, upon personal service of the divorce summons, an automatic temporary restraining order binds both parties. This prohibits transferring assets, harassing the other spouse, removing children from South Dakota, and changing insurance coverage. This protection helps preserve the status quo during proceedings.
Contested Costs and Timeline
- Attorney fees: $5,000-$15,000+ depending on complexity
- Mediation fees: Allocated by the court between parties
- Timeline: 6-12 months typical for contested cases
South Dakota Divorce Cost Comparison
| Factor | Uncontested | Contested |
|---|---|---|
| Filing Fee | $97 | $97 |
| Answer Fee | $25 | $25 |
| Attorney Fees | $0-$2,000 | $5,000-$15,000+ |
| Timeline | 60-90 days | 6-12 months |
| Total Cost Range | $97-$2,500 | $8,000-$25,000+ |
Estimate Your South Dakota Divorce Costs
Use our calculator to estimate potential costs based on your situation:
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Special Requirements When Children Are Involved
South Dakota has mandatory requirements for divorces involving minor children. Both parents must complete a court-approved parenting education course within 60 days of service. The court cannot enter a final decree until both parents comply or the judge waives the requirement for good cause. Understanding these requirements is essential for your South Dakota divorce filing checklist.
Additionally, the South Dakota Parenting Guidelines must be served with the divorce summons. If parents cannot agree on a parenting plan, these guidelines become the default arrangement and are enforceable as a court order.
Factors to Consider When Choosing Your Path
Several factors should guide your decision between uncontested and contested divorce:
- Communication: Can you and your spouse negotiate constructively?
- Asset complexity: Do you have businesses, retirement accounts, or significant property?
- Children: Can you agree on custody and parenting arrangements?
- Timeline: Review the South Dakota divorce timeline to plan ahead
Disclaimer
This article provides general information about South Dakota divorce laws and is not legal advice. Laws change, and your situation may have unique factors. Consult with a qualified South Dakota family law attorney before making decisions about your divorce.
Next Steps for Your South Dakota Divorce
Whether you pursue an uncontested or contested divorce, preparation is essential. South Dakota provides comprehensive self-help resources through the UJS Self-Help Center, including forms, instructions, and the Legal Form Help Line.
Remember the 60-day waiting period begins when your spouse is properly served. Use this time to gather financial documents, complete required parenting education if you have children, and work toward agreement on outstanding issues. The path you choose today will shape your financial future and family relationships.
