The State of South Dakota offers a no fault divorce based on irreconcilable differences. Irreconcilable differences can only be used as a grounds for divorce if both spouses are in agreement about the divorce. In addition, South Dakota offers a number of fault grounds for divorce that include cruelty, adultery, willful desertion, willful neglect, habitual intemperance, conviction of a felony, or chronic mental illness.  If you choose one of the fault grounds you must provide the Court with sufficient proof of the allegation.

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Residency Requirements

South Dakota does not require the parties to the divorce be residents of the state for any set period prior to filing for divorce.  However, the parties must be residents of the state as the time of filing and must remain residents until the divorce is final.
 
Fill Out your Forms

When filing for a divorce you must file certain documents as required by the court. To start your divorce action, you need a Complaint and a Summons.

If both parties agree on the terms of their divorce they should complete a Divorce Settlement Agreement also referred to as a Stipulation. You can use Rocket Lawyer's easy interview process to complete this agreement, which will outline the terms of the division of property, assets and debts in your divorce. Completing this document will help you avoid the cost and time involved in going to trial but is contingent on the parties being in agreement.

Additional Assistance

Unfortunately South Dakota does not offer the required forms online. You should contact you local County Clerk’s office and request assistance regarding your divorce.

You can also use Rocket Lawyer to Find a Lawyer in your area who can provide you with further assistance in completing your divorce.

Get started Visit our Divorce Center Get divorce documents and ask a lawyer your questions.

Get started Visit our Divorce Center Get divorce documents and ask a lawyer your questions.