Divorce in South Dakota
A divorce in South Dakota can’t be final until at least 60 days after service.[1] There is no minimum residency period before filing.[2] Property is divided equitably unless a couple opted into community property.[4] No-fault divorce is available.[3] Each rule below links to the official text it comes from.
- Residency before filing
- None[2]
Key facts: divorce in South Dakota
| Waiting period | 60 days[1] details ↓ |
|---|---|
| Residency requirement | Resident at filing[2] details ↓ |
| No-fault divorce | Yes[3] details ↓ |
| Property division | Equitable distribution[4] details ↓ |
| Court mediation for custody | Required[5] details ↓ |
Statutes and court rules as checked October 26, 2026. Not legal advice.
What are the divorce laws in South Dakota?
Not legal advice. These are plain-English summaries of South Dakota’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in South Dakota.
Waiting period
60 days
A South Dakota divorce cannot be heard or decided until at least 60 days after the summons and complaint have been served.[1]
SDCL § 25-4-34 · checked October 26, 2026
Show statute text
“An action for divorce or separate maintenance shall not be heard, tried, or determined by the court until at least sixty days have elapsed from the completed service of the plaintiff's summons and complaint therein.”
Residency requirement
Resident at filing
The filing spouse must be a South Dakota resident (or stationed in the state with the armed services) when the case is started; no minimum duration is stated.[2]
SDCL § 25-4-30 · checked October 26, 2026
Show statute text
“The plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services.”
No-fault divorce
Yes, fault grounds also exist
South Dakota allows divorce for irreconcilable differences, alongside fault grounds such as adultery and extreme cruelty.[3]
SDCL §§ 25-4-2, 25-4-17.1 · checked October 26, 2026
Show statute text
“Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”
“(7) Irreconcilable differences.”
Property division
Equitable distribution
When a divorce is granted, the court may make an equitable division of either or both spouses' property, regardless of whose name holds title; spouses may opt in to a special spousal (community property) trust.[4]
Community property in South Dakota: the statute quoted →
SDCL § 25-4-44 · checked October 26, 2026
Show statute text
“When a divorce is granted, the courts may make an equitable division of the property belonging to either or both, whether the title to such property is in the name of the husband or the wife.”
Court mediation for custody
Required
In any custody or visitation dispute between parents, the court must order mediation and split its cost between the parties, except for listed domestic-abuse situations or when mediation is unavailable or inappropriate.[5]
SDCL § 25-4-56 · checked October 26, 2026
Show statute text
“In any custody or visitation dispute between parents, the court shall order mediation to assist the parties in formulating or modifying a plan, or in implementing a plan, for custody or visitation and shall allocate the cost of the mediation between the parties.”
“(3) One of the parents has a history of domestic abuse; or (4) Mediation is not readily available or the court determines that mediation is not appropriate based on the facts and circumstances of the case.”
Court mediation fees
Not yet verified
Start with this official source.
Alimony
Court decides from listed factors
When a South Dakota divorce is granted, the court may order one spouse to pay the other a suitable support allowance for life or a shorter period, as it finds just given the parties’ circumstances. The statute sets no formula, cap or factor list, and the court may modify the order later.
Divorce rate
2.3 per 1,000 residents (2024)
South Dakota’s courts granted 2.3 divorces per 1,000 residents in 2024, down from 3.5 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 8.7 of every 1,000 women 15 and older in South Dakota divorced in the past year (±3.0; U.S. 6.9), a different measure.[7][8]
Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026
Estimate your divorce cost in South Dakota: mediation vs. court →
How child support is calculated in South Dakota →
Mediators per 100,000: MediationList listings from official court and government rosters in South Dakota (110) ÷ population (924,669, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.[6]
Questions about divorce in South Dakota
How long does a divorce take in South Dakota?
The law sets the minimum, not the total: A South Dakota divorce cannot be heard or decided until at least 60 days after the summons and complaint have been served. How long it takes after that depends on whether you agree and on the court's calendar. — SDCL § 25-4-34[1]
How long do you have to live in South Dakota to file for divorce?
The filing spouse must be a South Dakota resident (or stationed in the state with the armed services) when the case is started; no minimum duration is stated. — SDCL § 25-4-30[2]
Is South Dakota a no-fault divorce state?
South Dakota allows divorce for irreconcilable differences, alongside fault grounds such as adultery and extreme cruelty. — SDCL §§ 25-4-2, 25-4-17.1[3]
Is South Dakota a community property state?
Not by default. When a divorce is granted, the court may make an equitable division of either or both spouses' property, regardless of whose name holds title; spouses may opt in to a special spousal (community property) trust. — SDCL § 25-4-44[4]
Is mediation required for custody in South Dakota?
In any custody or visitation dispute between parents, the court must order mediation and split its cost between the parties, except for listed domestic-abuse situations or when mediation is unavailable or inappropriate. — SDCL § 25-4-56[5]
More
Sources
South Dakota’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.
- SDCL § 25-4-34 (South Dakota Legislature)↩
- SDCL § 25-4-30 (South Dakota Legislature)↩
- SDCL §§ 25-4-2, 25-4-17.1 (South Dakota Legislature)↩
- SDCL § 25-4-44 (South Dakota Legislature)↩
- SDCL § 25-4-56 (South Dakota Legislature)↩
- U.S. Census Bureau, Vintage 2024 county and state population estimates (July 1, 2024)↩
- CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024↩
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503↩