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Uncontested Divorce in South Dakota

How to get an uncontested divorce in South Dakota. Process, costs, and timeline. South Dakota follows equitable distribution.

Property Type

Equitable

Filing Fee

$95

Median Cost

$6,500–$26,000

Annual Divorces

3,000+

Understanding Uncontested Divorce in South Dakota

To file for divorce in South Dakota, you must meet South Dakota’s residency requirement of None (must be resident at filing). The filing fee is $95. There is no mandatory waiting period, which can expedite uncontested cases.

South Dakota allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Extreme cruelty, Felony conviction, Habitual drunkenness, Desertion, Neglect. Filing on fault grounds may affect property division or alimony awards.

An uncontested divorce in South Dakota typically costs $6,500 and takes 2–4 months. Contested cases average $26,000 and can take 12–18 months or longer. The governing statute is SDCL §25-4-2.

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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 uncontested 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.