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Military Divorce in South Dakota

Special considerations for military divorce in South Dakota: SCRA protections, pension division, and custody. South Dakota follows equitable distribution.

Property Type

Equitable

Filing Fee

$95

Median Cost

$6,500–$26,000

Annual Divorces

3,000+

Understanding Military Divorce in South Dakota

South Dakota processes approximately 3,000+ divorces annually. Understanding your rights and options specific to South Dakota is essential before making decisions that will affect your finances and family for years to come.

South Dakota follows equitable distribution rules for dividing marital assets. The state allows both no-fault and fault-based divorce (fault grounds: Adultery, Extreme cruelty, Felony conviction). Filing fees are $95, with a residency requirement of None (must be resident at filing).

The median cost ranges from $6,500 for uncontested cases to $26,000 for contested divorces. Under SDCL §25-4-2, courts consider multiple factors when making decisions about property, support, and custody.

Common Questions

How long do you have to live in South Dakota to file for divorce?
South Dakota requires None (must be resident at filing) of residency before you can file for divorce. SDCL §25-4-2 governs the filing requirements.
Is South Dakota a community property or equitable distribution state?
South Dakota follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in South Dakota?
Filing fees in South Dakota range from $95. The median total cost is approximately $6,500 for uncontested divorces and $26,000 for contested cases.
How long does a divorce take in South Dakota?
South Dakota has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in South Dakota?
South Dakota uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about military divorce in South Dakota and is not legal advice. Verify current statutes with SDCL §25-4-2 or consult a licensed South Dakota attorney. Last reviewed March 2026.