State Of South Dakota Divorce Law

South Dakota Family Law Summary

Introduction

According to the CDC, South Dakota’s divorce rate is 2.3 per 1000 people standing just below the national average of 2.4 per 1,000 people.

Couples in South Dakota cite financial strain, infidelity, and fading communication as the leading causes for dissolving their marriages.

Divorce is a life-changing process. Whether you’re considering ending your marriage or are currently in divorce proceedings, this summary will help you understand some of the major  legal concepts of South Dakota divorce laws:

• South Dakota Residency and Filing Requirements
• Grounds for Divorce in South Dakota
• Separation in South Dakota
• Property Distribution in South Dakota
• South Dakota Child Custody
• South Dakota Child Support
• South Dakota Spousal Support
• Mediation in South Dakota

Residency and Filing Requirements

In South Dakota, at least one spouse must meet the residency requirement to file for divorce. This means that either the person filing for divorce or their spouse must have lived in South Dakota for at least six months immediately before filing.

This requirement ensures that the state has jurisdiction over the divorce proceedings. If neither spouse meets this criterion, they will need to wait until they fulfill the residency period before initiating the divorce process in South Dakota.

A divorce may be filed in the county in which either spouse resides. 

Grounds for Divorce

In South Dakota, the legal grounds for divorce include both no-fault and fault-based options. Therefore, spouses have a choice in the type of divorce process they wish to follow.

No-Fault Divorce

The primary no-fault ground is irreconcilable differences, meaning the marriage has broken down beyond repair.

Fault-Based Divorce

For fault-based divorces, the legal grounds include:

• Adultery
• Extreme cruelty – domestic violence*
• Willful desertion
• Willful neglect
• Abuse of alcohol or controlled substances
• Conviction of a felony

* Learn About Restraining Orders

Separation

In South Dakota, legal separation has become a common alternative to divorce. During a legal separation, a couple remains legally married but lives separately. The court can issue orders regarding property division, spousal support, and child custody.

This arrangement allows couples to address financial and personal issues without formally dissolving the marriage.

Converting separation into a divorce

If a legally separated couple decides to divorce, they can file for divorce, and the court can use the terms of the legal separation as a basis for the divorce decree. This process allows for a more orderly transition by maintaining existing agreements.

Property Distribution

Equitable Distribution

Under South Dakota law, when a divorce is granted, the court shall make an equitable distribution of the parties’ property and debts. If possible, the court encourages the parties to settle property and debt issues beforehand through the divorce mediation or collaborative divorce process.

If not, the court will determine those issues for them.

The court shall not factor in “fault” in deliberations concerning the awarding of property, except as it may be relevant to the acquisition of property during the marriage.

The court considers factors such as the duration of the marriage, each spouse’s economic circumstances, each spouse’s contributions to the marriage, and future needs.

Both assets and debts acquired during the marriage are subject to division, while separate property—owned before marriage or acquired through inheritance or gifts—typically remains with the original owner.

Child Custody

In South Dakota, child custody decisions are based on the child’s best interests.

The court considers factors such as the child’s needs, each parent’s ability to provide care, the child’s relationship with each parent, and the stability of each home environment.

South Dakota recognizes both physical and legal custody. Parents may share joint custody or one parent may be awarded primary custody. Under extenuating circumstances, a parent can be awarded sole custody when a parent is deemed unfit to parent or represents a risk to the child’s safety and welfare.

The goal is to ensure a stable and supportive arrangement that fosters the child’s well-being.

Spousal Support

In determining spousal support, the court may factor in, but is not limited to the following:

• The length of the marriage
• The financial impact of each party
• The financial resources of each party
• The age of the spouses
• The health condition of the parties

Child Support

According to the South Dakota Department of Social Services:

Child support obligations are determined by the courts using guidelines set out in state law. When a child’s parents are separated, divorced, or unmarried, the guidelines help ensure both parents share the cost of supporting their child. The court examines the combined monthly net incomes of both parents to determine the child support obligation.

The amount a person paying support must pay is based on their proportionate share.

The child support guidelines are in South Dakota Codified Law Chapter 25-7.

Online Child Support Calculator: South Dakota now has an online Child Support Obligation Calculator, which can be used by the parties and their lawyers to estimate the parent’s child support obligations.

Watch Family Law Attorney Ellen Wright Discuss Mediation Tips:

Mediation

In South Dakota, mediation in divorce cases is a process in which a neutral third party helps the couple negotiate and reach agreements on issues like property division, child custody, and support.

Mediation is a voluntary process, though courts may encourage it to reduce the time and cost associated with litigation. If successful, the agreements reached in mediation can be submitted to the court for approval and incorporated into the divorce decree.

For reasons of safety, the court may not order mediation if the custody, support, or visitation issue involves or may involve physical or sexual abuse of any party or the child of any party to the proceeding.

While useful, this summary is no substitute for consulting with an experienced local divorce attorney who can address your specific issues, circumstances, and goals.

South Dakota Family Law -Domestic Relations Courts

The circuit courts are the general trial courts of the South Dakota Unified Judicial System. They have original jurisdiction over all domestic relations cases.

There are 44 circuit judges serving in the seven circuits.

• South Dakota Courts

Sources and References

CDC Divorce Rates

Cornell Law Information Institute 

South Dakota Divorce Code

South Dakota Law Help

S.D.Divorce Help

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