South Dakota divorce at a glance
Confirm with your county before filing — fees and rules can vary.
South Dakota divorce: no residency clock
South Dakota is the state that simply removed the door: there is no minimum residency duration. Under SDCL § 25-4-30, you must be a resident — or a military member stationed there — at the moment of filing, and the state explicitly allows establishing residency and filing on the same day if done in good faith. The 60-day waiting period under § 25-4-34 runs from service of the summons, not from filing, so an uncontested case can close in two to four months.
The no-fault ground is irreconcilable differences under SDCL § 25-4-17.1, but it comes with a condition: both spouses must consent, or the served spouse must simply not appear. The Complaint for Divorce goes to the Circuit Court, and the forms are numbered — UJS-310 for a complaint without children, UJS-312 with children, plus the UJS-309/311 summonses, the UJS-232 case filing statement, and the UJS-304A/304B financial affidavits.
Property is divided equitably, and alimony is called alimony. Child support follows the South Dakota Child Support Guidelines. The filing fee is a $50 base plus automation and law library surcharges, and the same-day filing rule makes South Dakota one of the fastest entry points in the country.