Divorce in South Dakota, start to finish
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South Dakota gives you the forms for free, and its self-represented divorce process is one of the most streamlined in the country. What it doesn’t give you is the order, the 60-day floor everything runs on (SDCL § 25-4-34), the traps that stall a filing, or anyone to tell you which track you’re actually on. That’s this.
Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
Which forms do you actually need?
Your route and its conditions, the forms grouped by route, how filing actually works in South Dakota, and the sequence with its costs.
First, which route you are on. Each one opens to the conditions the rule actually sets.
Stipulated (agreed)
SDCL § 25-4-17.2
This is the track where all of these are true:
- The spouses agree on everything — property, debts, and, where there are minor children, custody and support.
- Both spouses sign the Stipulation and Settlement Agreement.
- Both spouses sign the Statement as to Jurisdiction and Grounds for Divorce.
Default
SDCL § 25-4-30 (residency); 60-day floor from service
This is the track where all of these are true:
- The other spouse has been served.
- No Answer has been filed within 30 days of service.
- 60 days have passed since service.
Contested
SDCL § 25-4-17.2 (consent required for irreconcilable differences)
This is the track where either of these is true:
- The spouses have not agreed on everything — property, debts, or, where there are minor children, custody and support.
- The other spouse will not consent to irreconcilable differences and will not let the case go to default.
Grouped exactly as South Dakota labels them, and nothing is added. Every one links to the official PDF.
All 3 forms
Contested 2 forms
Default 5 forms
- UJS-321 — Statement of Default & Application for Default Judgment — without minor children
- UJS-323 — Statement of Default & Application for Default Judgment — with minor children
- UJS-306 — Statement of Military Status
- UJS-322A — Judgment and Decree of Divorce — Default, without minor children
- UJS-322B — Judgment and Decree of Divorce — Default, with minor children
Minor children 3 forms
No minor children 2 forms
Service by admission 2 forms
Stipulated 6 forms
- UJS-324 — Stipulation and Settlement Agreement — Without Minor Children
- UJS-325 — Stipulation and Settlement Agreement — With Minor Children
- UJS-319A — Statement as to Jurisdiction and Grounds for Divorce — without minor children; both spouses sign
- UJS-319B — Statement as to Jurisdiction and Grounds for Divorce — with minor children; both spouses sign
- UJS-326A — Judgment and Decree of Divorce — Stipulation, without minor children
- UJS-326B — Judgment and Decree of Divorce — Stipulation, with minor children
Stipulated or Default, minor children 1 form
- UJS-089 — Instructions for Child Support Order Filing Data Form
South Dakota does not let you e-file this yourself
The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in South Dakota.
- Portal
- Odyssey File & Serve
- Paper
- Required of you. File at the clerk of courts office.
- What it costs
- Nothing to you, because you cannot use it for a divorce. For those who can use it, the UJS File & Serve FAQ lists a 3.5% processing fee on card transactions.
- Account
- A self-represented party cannot register — they are not eligible for the e-filing system and file at the clerk of courts office.
- With a fee waiver
- Court fees may be waived under SDCL 16-2-29(7), which the UJS eFiling Guidelines cite. No official statement confirms whether a waiver reaches the 3.5% card processing fee — and it is largely moot for pro se filers, who cannot e-file.
- Worth knowing
- South Dakota belongs with New Mexico, Virginia, Oklahoma and South Carolina in the group where a pro se divorce filer is not merely permitted to file paper but has no e-filing option at all. UJS does offer ‘Guide and File,’ a free interview tool that produces completed forms — but you then print and file them with the clerk. One practical detail: the eFiling Guidelines note that a document that must be filed in color has to be submitted over the counter regardless.
Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.
| # | Step | Forms it names | Cost |
|---|---|---|---|
| 1 | Confirm residency and your county | None named | — |
| 2 | File the Summons, Complaint, and Case Filing Statement | UJS-302UJS-022 | $97 |
| 3 | Serve the defendant their answer is due in 30 days | None named | — |
| 4 | If you have children: start the parenting course 60 days from service | None named | — |
| 5 | Wait out the 60-day floor from the date of service | None named | — |
| 6 | Take your track | None named | — |
| 7 | Judgment and Decree signed | UJS-319A | — |
| 8 | File the Notice of Entry | None named | — |
Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.
| Filing fee (flat statewide — Circuit Court, not by county) | $97 |
| Service by mail or hand delivery (Admission of Service) | $0 |
| Sheriff or private process server, per person | varies by county |
| Court-approved parenting course, per parent (if children) | set by provider |
| Typical range, doing it yourselves, uncontested | ~$97–$250 |
The short version8 points · tap one to jump to it
- The three tracks, and what each one requires — Every South Dakota divorce runs through the same Circuit Court, and the forms are the same statewide.
- Every form South Dakota publishes for a divorce — Every form here is free from the South Dakota Unified Judicial System.
- Getting the forms and filling them in — South Dakota's self-help process is built to expect that you're doing this yourself — "having a lawyer is recommended," but the forms, instructions, and even a free guided tool exist specifically for people who don't have one.
- Your deadlines, calculated — Almost everything in a South Dakota divorce counts from one date: the day your spouse is served.
- The order it actually happens in
- The rejection-proofing checklist — SDCL § 25-4-17.2 is explicit: the court cannot grant a divorce on the no-fault ground of irreconcilable differences without the consent of both parties — unless one of you has never made a general appearance in the case (i.e., a true default).
- The Financial Statement — what UJS-023 requires — Both spouses each complete their own Financial Statement — it's a sworn statement under penalty of perjury, not a form that gets notarized.
- What this costs — File Form UJS-022, Motion, Affidavit, and Order to Waive Filing Fee & Service of Process Fee.
In this subject 8
1 · The three tracks, and what each one requires
The short version8 points · tap one to jump to it
- The three tracks, and what each one requires — Every South Dakota divorce runs through the same Circuit Court, and the forms are the same statewide.
- Every form South Dakota publishes for a divorce — Every form here is free from the South Dakota Unified Judicial System.
- Getting the forms and filling them in — South Dakota's self-help process is built to expect that you're doing this yourself — "having a lawyer is recommended," but the forms, instructions, and even a free guided tool exist specifically for people who don't have one.
- Your deadlines, calculated — Almost everything in a South Dakota divorce counts from one date: the day your spouse is served.
- The order it actually happens in
- The rejection-proofing checklist — SDCL § 25-4-17.2 is explicit: the court cannot grant a divorce on the no-fault ground of irreconcilable differences without the consent of both parties — unless one of you has never made a general appearance in the case (i.e., a true default).
- The Financial Statement — what UJS-023 requires — Both spouses each complete their own Financial Statement — it's a sworn statement under penalty of perjury, not a form that gets notarized.
- What this costs — File Form UJS-022, Motion, Affidavit, and Order to Waive Filing Fee & Service of Process Fee.
In this subject 8
Every South Dakota divorce runs through the same Circuit Court, and the forms are the same statewide. What changes is the track: stipulated where both spouses sign the terms, default where one spouse never answers, and contested where the case has to be argued. The track decides which forms are filed and how fast the case can move, so all three are set out below along with what South Dakota requires for each. Filing on the wrong track means paperwork that gets rejected or a hearing nobody needed.
Residency comes first. SDCL § 25-4-30 requires the Plaintiff to be a resident of South Dakota at the time the divorce action is filed — or to be stationed here as active military. There is no fixed number of days required by statute, but the residence has to be genuine, not just a mailing address. Where neither spouse is currently living in South Dakota, the state where one of them actually resides is the place to look.
The 60-day floor applies to all three tracks. No divorce — even a fully agreed one — can be finalized until at least 60 days have passed since the other spouse was served. That floor does not move no matter how quickly both spouses sign.
Stipulated (agreed)
SDCL § 25-4-17.2
The fastest path South Dakota offers. Both spouses sign a Stipulation and Settlement Agreement and a Statement as to Jurisdiction and Grounds, and many judges will sign the decree without a hearing.
This is the track where all of these are true:
- The spouses agree on everything — property, debts, and, where there are minor children, custody and support.
- Both spouses sign the Stipulation and Settlement Agreement.
- Both spouses sign the Statement as to Jurisdiction and Grounds for Divorce.
South Dakota’s no-fault ground — irreconcilable differences — legally requires both spouses to consent to it under SDCL § 25-4-17.2, which is what the signed Statement as to Jurisdiction and Grounds records. The 60-day floor from service still applies.
Default
SDCL § 25-4-30 (residency); 60-day floor from service
The track where the served spouse never answers. Once the Answer window and the waiting period have both run, the case can be finished on the papers without that spouse taking part.
This is the track where all of these are true:
- The other spouse has been served.
- No Answer has been filed within 30 days of service.
- 60 days have passed since service.
A Statement of Military Status (UJS-306) is still required. South Dakota courts check it before entering any default, because active-duty servicemembers have separate federal protections against default judgments.
Contested
SDCL § 25-4-17.2 (consent required for irreconcilable differences)
The track where the spouses do not agree on everything and the other spouse neither consents nor defaults. The case moves toward a hearing rather than a decree on the papers.
This is the track where either of these is true:
- The spouses have not agreed on everything — property, debts, or, where there are minor children, custody and support.
- The other spouse will not consent to irreconcilable differences and will not let the case go to default.
Because irreconcilable differences requires both spouses to consent, a case where consent is withheld has to be proved on one of South Dakota’s fault-based grounds instead. A hearing date is requested from the Clerk of Courts, and the judge may order both spouses into mediation before trial. A case that later becomes fully agreed, or in which the other spouse defaults, uses the stipulated or default forms below instead.
2 · Every form South Dakota publishes for a divorce
The complete list for all three tracks, not a shortlist — because which forms a case needs depends on facts only you and, if you need one, your lawyer can weigh. Each row says which track the form belongs to and carries the revision date clerks check. Every form here is free from the South Dakota Unified Judicial System.
The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how South Dakota handles divorce, and every form below is published free by South Dakota itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a South Dakota family lawyer costs far less than fixing a filing that went wrong.
| Form | What it is | Route | Rev. | |
|---|---|---|---|---|
| UJS-232 | Case Filing Statement — your information and your spouse’s | All | 06/26 | Download |
| UJS-309 | Summons — Without Minor Children | No minor children | 02/26 | Download |
| UJS-311 | Summons — With Minor Children | Minor children | 02/26 | Download |
| UJS-310 | Complaint — Without Minor Children | No minor children | 05/26 | Download |
| UJS-312 | Complaint — With Minor Children | Minor children | 05/26 | Download |
| UJS-023 | Financial Statement — one from each spouse | All | 04/26 | Download |
| UJS-302 | South Dakota Parenting Time Guidelines — attached to the Summons before service | Minor children | 07/26 | Download |
| UJS-022 | Motion, Affidavit & Order to Waive Filing/Service Fee — only where the $97 fee cannot be afforded | All | — | Download |
| UJS-315 | Notice and Admission of Service — instructions and form, without minor children | Service by admission | 05/26 | Download |
| UJS-317 | Notice and Admission of Service — instructions and form, with minor children | Service by admission | 05/26 | Download |
| — | Sheriff or process server handles service directly — no UJS form, but keep the Proof of Service they give you | Service by sheriff or process server | — | — |
| UJS-324 | Stipulation and Settlement Agreement — Without Minor Children | Stipulated | 05/26 | Download |
| UJS-325 | Stipulation and Settlement Agreement — With Minor Children | Stipulated | 05/26 | Download |
| UJS-319A | Statement as to Jurisdiction and Grounds for Divorce — without minor children; both spouses sign | Stipulated | 02/26 | Download |
| UJS-319B | Statement as to Jurisdiction and Grounds for Divorce — with minor children; both spouses sign | Stipulated | 02/26 | Download |
| UJS-089 | Instructions for Child Support Order Filing Data Form | Stipulated or Default, minor children | — | Download |
| UJS-326A | Judgment and Decree of Divorce — Stipulation, without minor children | Stipulated | 05/26 | Download |
| UJS-326B | Judgment and Decree of Divorce — Stipulation, with minor children | Stipulated | 05/26 | Download |
| UJS-321 | Statement of Default & Application for Default Judgment — without minor children | Default | 05/26 | Download |
| UJS-323 | Statement of Default & Application for Default Judgment — with minor children | Default | 05/26 | Download |
| UJS-306 | Statement of Military Status | Default | 04/26 | Download |
| UJS-322A | Judgment and Decree of Divorce — Default, without minor children | Default | 05/26 | Download |
| UJS-322B | Judgment and Decree of Divorce — Default, with minor children | Default | 05/26 | Download |
| UJS-336 | Notice of Hearing (General Motion) | Contested | 05/26 | Download |
| UJS-338 | Statement of Service by Mail (General Motion) | Contested | 04/26 | Download |
Every one of these is free. Download fresh each time — clerks reject superseded revisions, and saved copies go stale. Full catalog: ujs.sd.gov/self-help/family-law-help/divorce.
3 · Getting the forms and filling them in
South Dakota’s self-help process is built to expect that you’re doing this yourself — “having a lawyer is recommended,” but the forms, instructions, and even a free guided tool exist specifically for people who don’t have one.
South Dakota does not let you e-file this yourself You file on paper
- Who may e-file
- Attorneys, through firm-based registration. The Unified Judicial System’s own eFile & Serve FAQ answers the question in one word: ‘Can I use eFile & Serve if I am self-represented? No. Self-represented litigants are not eligible to use the e-filing system.’
- Portal
- Odyssey File & Serve
- Paper
- Required of you. File at the Clerk of Courts office.
- What it costs
- card surcharge 3.5% processing fee on card transactions, per the UJS File & Serve FAQ. The system also accepts debit cards, drawdown accounts, and eChecks.
- Account
- A self-represented party cannot register — registration is by firm, with a firm administrator who adds attorneys.
- With a fee waiver
- Not confirmed. The UJS fee-waiver self-help page does not address filing method.
- Worth knowing
- Unusually for a closed state, South Dakota’s system can initiate new cases — it is only self-represented filers who are shut out, not new filings generally. The eligibility answer comes from the court system’s own FAQ rather than a rule, and the copy on the UJS site has moved more than once.
Step one — download them free, or use Guide and File
Every UJS family law form lives here, at no cost:
ujs.sd.gov — Divorce Information & Forms
UJS also runs a free tool called Guide and File (built by Tyler Technologies). You answer an interview’s worth of questions online and it generates your completed forms to print — for both the with-children and without-children divorce tracks. It’s optional, but it catches a lot of the blank-field and mismatched-name mistakes that get filings kicked back. ujs.sd.gov/self-help/guidefile
Step two — black ink, single-sided, no blanks
UJS is explicit about this on every form packet: all forms must be printed single-sided and completed in black ink. Type them if you can; if you’re filling by hand, print clearly. Leave nothing blank — write “N/A” where something doesn’t apply.
This surprises people coming from other states. Your Complaint, Financial Statement, Stipulation and Settlement Agreement, and the Statement as to Jurisdiction and Grounds are all signed as sworn statements under South Dakota’s declaration under penalty of perjury — the exact language is printed on the signature block. No notary, no commissioner, no remote online notarization service needed anywhere in the packet.
Step three — serve the defendant
You have three real options, laid out in the Notice and Admission of Service instructions (UJS-315 without children, UJS-317 with children):
| Method | How it works |
|---|---|
| Mail the Summons, Complaint, and two copies of the Admission of Service forms with a self-addressed stamped envelope. Your spouse has 20 days to sign and return it. | |
| Hand delivery | If your spouse will accept the papers directly and sign the Admission of Service on the spot. |
| Sheriff or process server | Required if your spouse won’t cooperate. Typically requires a fee paid up front — check with the Sheriff’s office in the county where your spouse can be found. |
UJS’s own instructions state this in bold: “Regular or Certified Mail is Not Considered Proper Service.” Mail service only counts when your spouse actually signs and returns the Admission of Service form. If they don’t sign it and mail it back, you have to fall back to hand delivery or a sheriff/process server — and the clock hasn’t started.
Step four — file it, in the right county
South Dakota divorces are filed on paper at the Clerk of Courts counter — Guide and File explicitly tells you to “print and submit the forms to the Court by filing them at the Clerk’s Office counter.” Divorce actions can only be filed in the county where you or your spouse actually reside, and you’ll need your county’s judicial circuit number for the caption of every form (find it on UJS’s Court Finder page). Filing costs a flat $97 statewide, or you can file Form UJS-022 to ask the court to waive it.
SDCL § 25-4-33.1: once the Summons and Complaint are filed and personally served, a Temporary Restraining Order goes into effect against both of you automatically — printed right on the Summons. Neither of you can transfer or hide marital assets, remove a minor child from the state, change insurance coverage, or harass the other, until the final decree. You don’t have to ask for it and neither does your spouse; it’s already in force.
4 · Your deadlines, calculated
Almost everything in a South Dakota divorce counts from one date: the day your spouse is served. There’s a hard 30-day answer window and a 60-day floor before any divorce — stipulated or default — can be finalized. Put your dates in and we’ll turn every rule into an actual date on your calendar, then you can add the whole thing to Google Calendar, Apple Calendar or Outlook in one click.
5 · The order it actually happens in
6 · The rejection-proofing checklist
These are the specific things that stall South Dakota filings — every one of them costs weeks.
Service and signing
SDCL § 25-4-17.2 is explicit: the court cannot grant a divorce on the no-fault ground of irreconcilable differences without the consent of both parties — unless one of you has never made a general appearance in the case (i.e., a true default). If your spouse won’t sign the Statement as to Jurisdiction and Grounds and won’t default, “irreconcilable differences” isn’t available to you. You’d need to prove one of South Dakota’s other six grounds — adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, or felony conviction — at a hearing. That’s the point where an attorney earns their fee.
Forms people forget
Timing
7 · The Financial Statement — what UJS-023 requires
Both spouses each complete their own Financial Statement — it’s a sworn statement under penalty of perjury, not a form that gets notarized. There’s no separate income threshold for a “long” vs. “short” version here; everyone uses the same UJS-023.
If you have children, the Financial Statement feeds into a separate calculation. Use the state’s Child Support Obligation Calculator (SD Department of Social Services) and attach the result to your Stipulation and Settlement Agreement or bring it to a contested hearing.
8 · What this costs
| Item | Cost |
|---|---|
| Filing fee (flat statewide — Circuit Court, not by county) | $97 |
| Service by mail or hand delivery (Admission of Service) | $0 |
| Sheriff or private process server, per person | varies by county |
| Court-approved parenting course, per parent (if children) | set by provider |
| Typical range, doing it yourselves, uncontested | ~$97–$250 |
File Form UJS-022, Motion, Affidavit, and Order to Waive Filing Fee & Service of Process Fee. Check with your county’s Clerk of Courts on current income thresholds and documentation — this guide can verify the form exists and what it’s called, but not a dollar threshold the legislature or court hasn’t published in one place, so confirm the specifics with the Clerk.
What members report paying for an attorney
South Dakota doesn’t publish county-level attorney fee data, and rates vary enormously by firm and by how contested the case is. The figures below are member-reported, illustrative demo data from three of the state’s busiest circuits — not a verified survey — meant to show the range, not predict your bill.
| County (Circuit) | Uncontested, agreed | Contested |
|---|---|---|
| Minnehaha (2nd) — Sioux Falls | $1,800–$3,500 | $6,000–$15,000+ |
| Pennington (7th) — Rapid City | $1,500–$3,200 | $5,500–$13,000+ |
| Lincoln (2nd) — Canton / Sioux Falls metro | $1,700–$3,300 | $5,800–$14,000+ |
Member-reported, illustrative only. Get an actual quote before assuming any of this applies to you.
Does cheating change the money in South Dakota?
The statute says nothing either way, which is not the same as permission. What we read: 25-4-41; and the fault-exclusion statute pointedly omits alimony. How all fifty states answer this.
Reconciled, and it did not work? In South Dakota that has a legal name and it can bar the ground, with conditions attached: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.
What this is. A guide to South Dakota’s own process, built from the South Dakota Codified Laws Title 25, Chapter 4 (Divorce and Separate Maintenance) and Chapter 4A (Custody and Visitation Rights) — including SDCL §§ 25-4-2, 25-4-17.1, 25-4-17.2, 25-4-17.3, 25-4-30, 25-4-33.1, and 25-4A-32 — plus the official UJS-3xx self-represented forms and instructions published by the South Dakota Unified Judicial System at ujs.sd.gov. The forms themselves are free and this guide links you to them rather than reselling them.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what South Dakota requires of each path. If your case involves a contested custody fight, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney. UJS court staff — including clerks — are not permitted to give legal advice or help you fill out forms.
Confirm current numbers with the Clerk of Courts. Sheriff and process-server fees, parenting-course provider pricing, and fee-waiver income thresholds are set locally or by third parties and change without a single statewide publication date. Where this guide could not verify an exact figure with an official South Dakota source, it says so and points you to the Clerk of Courts in your county rather than guessing.
Four things can happen to the house in a South Dakota divorce
South Dakota is not one of the twenty states where filing freezes both spouses automatically. That is not permission to sell: either of you can still ask a court for an order, and one may already exist in your case. But the automatic-order trap is not one you fall into here.
One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.
The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost
Need a vetted attorney, mediator, or financial analyst in South Dakota?
Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.
Browse the directory →The Cusp · All 50 state kits · Find a professional · About
Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.
Everything we have written about South Dakota specifically. Every figure on these pages is quoted from South Dakota’s own statute or its courts’ own published schedule, and carries the date we last checked it.
- Modifying support after divorce
- Modifying custody and parenting time after divorce
- Check your state’s rules in one place (modification checker)
- What it costs to file
- Child custody
- Child support
- Guardians ad litem and child representation
- Travel, custody and relocation
- Alimony
- Property, support and legal fees
- Protective orders
- Changing your name back
- Legal help you can afford
- Verified professionals
The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.
Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.
All 25 South Dakota divorce forms, listed by the number the clerk will ask for — 24 with an official form number, 24 linked straight to the state’s own file, each with its revision date where the state publishes one. Open the South Dakota form list →
Common questions about filing for divorce in South Dakota
Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.
How do I file for divorce in South Dakota?
This page sets out the order it happens in for South Dakota: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.
What forms do I need to file for divorce in South Dakota?
The form list on this page gives the official South Dakota form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.
How much does it cost to file for divorce in South Dakota?
$97 to open the case, and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for South Dakota, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in South Dakota.
What gets a South Dakota divorce filing rejected?
This page has a section on exactly that — the specific mistakes that get a filing returned in South Dakota rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.
How long does a divorce take in South Dakota?
There is a timeline on this page built from South Dakota’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.
Where does the information on this page come from?
South Dakota’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.
Does cheating change the money in South Dakota?
Probably not, but for a different reason than you might think: South Dakota’s support statute contains no misconduct factor at all. Silence is not permission and it is not a prohibition — seventeen states are in this position, and in them the written rule simply does not address it. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.
Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.
The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.
Key deadlines at a glance
These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.
No minor children
| Step | When | What it means |
|---|---|---|
| Summons and Complaint filed | The day you file | Filed with the Clerk of Court in your county, along with the $97 filing fee. |
| Spouse served — automatic restraining order in effect | The day your spouse is served (or signs a waiver) | SDCL § 25-4-33.1: both of you are now automatically restrained from moving assets, changing insurance, or removing minor children from the state. |
| Deadline for a mailed Admission of Service to be signed and returned | 20 days after service | Only relevant if you served by mail. If it’s not signed and back by now, service isn’t complete — you’ll need hand delivery or a Sheriff/process server. |
| Defendant’s Answer is due | 30 days after service | 30 days from service, not counting the day of service. No answer doesn’t mean default yet — that’s a separate 60-day clock. |
| Earliest a divorce can be finalized — and default becomes available | 60 days after service | This 60-day floor from service applies whether you’re finalizing a signed stipulation or applying for a default judgment. Nothing moves faster than this, no matter how cooperative your spouse is. |
With minor children
| Step | When | What it means |
|---|---|---|
| Summons and Complaint filed | The day you file | Filed with the Clerk of Court in your county, along with the $97 filing fee. |
| Spouse served — automatic restraining order in effect | The day your spouse is served (or signs a waiver) | SDCL § 25-4-33.1: both of you are now automatically restrained from moving assets, changing insurance, or removing minor children from the state. |
| Deadline for a mailed Admission of Service to be signed and returned | 20 days after service | Only relevant if you served by mail. If it’s not signed and back by now, service isn’t complete — you’ll need hand delivery or a Sheriff/process server. |
| Defendant’s Answer is due | 30 days after service | 30 days from service, not counting the day of service. No answer doesn’t mean default yet — that’s a separate 60-day clock. |
| Earliest a divorce can be finalized — and default becomes available | 60 days after service | This 60-day floor from service applies whether you’re finalizing a signed stipulation or applying for a default judgment. Nothing moves faster than this, no matter how cooperative your spouse is. |
| Parenting course deadline (both parents) | 60 days after service | SDCL § 25-4A-32. File your certificate of completion, or Form UJS-364 requesting a waiver, with the Clerk of Court. |
Your county
Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.
Or go straight to your county or court:
Brookings County (call to confirm)Brown CountyCodington County (call to confirm)Lincoln County (call to confirm)Minnehaha County (call to confirm)Pennington CountyBrookings County Call or check the court website to confirm
No divorce-specific local rules or standing orders are listed on the circuit pages read. Statewide forms and rules apply. Confirm county-level practice with the Clerk of Court.
Who to contact: Third Circuit office (circuit-level, not clerk-specific): 314 6th Avenue, Suite 6, Brookings, SD 57006-2085; 605-688-4200
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Brown County
The Fifth Circuit forms page lists circuit policies on divorce decrees involving child support and on child support enforcement actions. No divorce-specific local rules are listed. Read the policy documents themselves for details.
Who to contact: Fifth Circuit (circuit-level, not clerk-specific): PO Box 1087, Aberdeen, SD 57402-1087; 605-626-2450
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Codington County Call or check the court website to confirm
No divorce-specific local rules or standing orders are listed on the circuit pages read. Statewide forms and rules apply. Confirm county-level practice with the Clerk of Court.
Who to contact: Third Circuit office (circuit-level, not clerk-specific): 314 6th Avenue, Suite 6, Brookings, SD 57006-2085; 605-688-4200
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Lincoln County Call or check the court website to confirm
Lincoln County is in the Second Circuit with Minnehaha. The circuit forms page lists no divorce-specific local rules or forms, so the statewide packets apply. Confirm clerk practices with the Clerk of Court.
Who to contact: Second Circuit office (circuit-level, not clerk-specific): 425 N. Dakota Avenue, Sioux Falls, SD 57104; 605-367-5920
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Minnehaha County Call or check the court website to confirm
Minnehaha and Lincoln counties share the Second Circuit. Its forms page lists no divorce-specific local rules or forms, so the statewide packets apply. Parts of the process depend on the county clerk, so confirm with the Clerk of Court.
Who to contact: Second Circuit office (circuit-level, not clerk-specific): 425 N. Dakota Avenue, Sioux Falls, SD 57104; 605-367-5920
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Pennington County
The Seventh Circuit forms page lists a circuit-specific Record of Divorce or Annulment form and a SMILE parent education program for divorcing parents. No divorce-specific local rules or standing orders are listed. Statewide packets otherwise apply.
Who to contact: Seventh Circuit administration (circuit-level, not clerk-specific): 315 St Joseph St #5, Rapid City, SD 57709; 605-394-2571
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.
Serving the papers in South Dakota? Sheriff or a non-party; you can hand it over only if your spouse signs an admission of service. Deadline: 60 days from giving the summons to the sheriff. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find South Dakota in our state-by-state serving table.
Stay current
We re-check the law. We will tell you when your state’s changes.
One email, and only when something we have published about your state stops being true — a filing fee that moved, a statute that was amended, a form the court replaced. No newsletter, no sales, unsubscribe in one click.
We use your address for that one purpose. We do not sell it, and we do not add you to anything else. Privacy
How we can help
Understand the house first. Then talk to someone who gets it.
The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.
1. Start with the facts, free
22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?
Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.
- The four things that can happen to the house
- Selling the house: who signs, and the tax rules
- Keeping the house: the buyout and the carrying cost
2. Know when not to call an agent
Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.
3. Talk to someone who gets it
When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.
Ask for an introductionHow we are paid
You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.
General information, not legal or tax advice. The Cusp is not a law firm.
Selling a home in a divorce: what to ask a local listing agent
Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.
- Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
- Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
- Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
- Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
- Where will the sale proceeds be held until the decree says who gets what?
- How will you handle showings, access and lockboxes if we are not speaking?
- Will you give both spouses and both lawyers the same information at the same time?
- What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
- Can I have your fee terms in writing and the names of past clients who sold during a divorce?