South Dakota Divorce: What You Need to Know

Divorce is the legal process of terminating a marriage between two parties in South Dakota. Divorce cases can only be filed at the Circuit Court in the county in which you or your spouse reside. This article discusses how divorce works in South Dakota, including residency rules, waiting periods, types of divorce, the court process, county-level filing details, and how to access divorce records.

How Does Divorce Work in South Dakota?

You need to meet residency requirements before you can file for divorce in South Dakota. To file for divorce in this state, you have to either be a resident or be stationed there as military personnel.

South Dakota allows both no-fault and fault-based divorces. No-fault divorce is when the couple files for divorce alleging “irreconcilable differences, which have caused the breakdown of their marriage. Fault-based divorce is when one couple cites incidents such as adultery, extreme cruelty, willful desertion, habitual drunkenness, conviction of a felony, and willful neglect as the reason for seeking a divorce.

There is no mandatory waiting period in South Dakota. The amount of time it takes to process a divorce varies by county and the nature of the case. An uncontested divorce may be completed in as little as 60 days, while contested cases involving custody or property disputes may take a year or more.

Types of Divorce in South Dakota

South Dakota law provides several types of divorce:

• Uncontested divorce: An uncontested divorce occurs when a couple agrees on all the decisions related to terminating their marriage.
• Contested divorce: A contested divorce arises when a couple cannot find common ground regarding the decisions necessary to terminate their marriage. In these situations, the couple will go to court, where a judge will hear the issues related to the divorce and make a ruling.
• No-fault divorce: A no-fault divorce is when the couple files for divorce alleging irreconcilable differences, which have caused the breakdown of their marriage.
• Fault-based divorce: In this type of divorce, one party files for divorce alleging that the other party caused the breakdown of their marriage. The party that files for divorce has to prove that the other party is at fault. Grounds such as adultery or cruelty may be cited. These are less common but still recognized.
• Legal separation: South Dakota allows legal separation. This arrangement permits couples to live apart but remain legally married. The court orders how support and custody will be shared by both parties.

South Dakota Divorce Court Process and Forms

Divorces in South Dakota are filed in the Circuit Court of the county where either spouse lives. The process begins when one spouse, the plaintiff, files a Summons and Complaint for Divorce.

Other required documents may include:

• Financial Affidavit
• Child Support Guidelines Worksheet (if children are involved)
• Parenting Plan (if children are involved)
• Stipulation and Settlement Agreement (for uncontested divorces)

In a divorce case, the person who starts the process is called the plaintiff, while the other person is known as the defendant. Once an action is initiated, the defendant must be served with the summons and complaint. Service of process is usually done by sheriff, process server, or certified mail. The defendant has 30 days to file an answer.

Both spouses must exchange financial disclosures of assets, debts, income, and expenses. If there are children involved, both parents must go to a Parenting Education Program before any custody decisions are made.

Judges often recommend mediation for custody disagreements. However, if mediation does not work out, the case will go to trial.

The divorce is completed when the judge signs a Judgment and Decree of Divorce, which officially ends the marriage and outlines decisions on custody, support, property division, and spousal maintenance.

City- and County-Level Filing Details

Divorces in South Dakota are filed at the county level in Circuit Courts. Here are details for some of the state’s largest counties:

• Minnehaha County (Sioux Falls):
  • Courthouse: Minnehaha County Courthouse. 425 N. Dakota Avenue, Sioux Falls, SD 57104.
  • Services: Minnehaha County Circuit Court orders parenting classes for custody cases. The court also provides downloadable forms online.
• Pennington County (Rapid City):
  • Courthouse: Pennington County Courthouse. 315 St. Joseph Street, Rapid City, SD 57701.
  • Services: The court provides mediation services in custody disputes.
• Lincoln County (Canton):
  • Courthouse: Lincoln County Courthouse. 104 N. Main Street, Canton, SD 57013.
  • Services: Clerk of the court provides forms and filing instructions to interested parties. The court requires completion of parenting programs for cases with children.
• Brown County (Aberdeen):
  • Courthouse: Brown County Courthouse. 25 Market Street, Aberdeen, SD 57401.
  • Services: Clerk of the court provides filing assistance at the courthouse for free.
• Codington County (Watertown):
  • Courthouse: Codington County Courthouse. 14 1st Avenue SE, Watertown, SD 57201.
  • Services: The court requires completion of parenting education in custody cases.

How to Search for Divorce Records in South Dakota

Divorce records in South Dakota are public information and anyone can request access to them. However, access to confidential information such as Social Security numbers, financial accounts, and minor children’s information are restricted. Divorce records are maintained by the Clerk of Circuit Court in the county where the divorce was finalized.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and full case files can be requested from the clerk for a fee.
• Online: The South Dakota Unified Judicial System (UJS) Public Access Portal allows limited docket searches, though full documents must be requested at the courthouse.
• Vital Records: The South Dakota Department of Health, Vital Records Office issues divorce certificates (summary records, not full decrees) for divorces granted since 1905.
• Third-party services: Some private websites provide record searches, but certified copies must be obtained from the courts or Vital Records.

Divorce records typically include the names of the spouses, the date and county of divorce, the case number, and the court’s rulings regarding custody, property division, and support. The Judgment and Decree of Divorce is the official proof that the marriage has legally ended.

Key Points

• Divorce in South Dakota is filed in the Circuit Court of the county where either spouse resides.
• Residency requires only one day before filing, making it one of the shortest requirements in the nation.
• Both no-fault and fault-based divorces are available.
• Parents must attend parenting education programs, and mediation is common in custody disputes.
• Divorce records are public and available through county clerks, with statewide summaries available from the Department of Health.