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South Dakota recognizes legal separations. To obtain a legal separation, the couple must file a petition with the court.
How long does it take to get divorced? A divorce in South Dakota cannot be granted until 61 days have passed from the date the Defendant was served with the opening paperwork. The parties can reach an agreement at any point in that time, but the divorce cannot be finalized until 61 days have passed.
The average cost for a divorce in South Dakota is $1,500, though this can vary depending on the complexity of the case and the attorneys involved. There are also certain fees that must be paid to the court, such as a filing fee and a service of process fee.
Under South Dakota law a divorce may be granted for any of these grounds: adultery, extreme cruelty (including bodily injury or grievous mental suffering), willful desertion, willful neglect, habitual intemperance, conviction of a felony, chronic mental illness or irreconcilable differences.
Average per person court and legal fee costs by state: StateFees and Lawyer Average [1]Fees and Lawyer(Without kids) [1], [2]South Dakota$8,595$7,692Kansas$8,400$7,550Mississippi$8,400$7,550Idaho$8,181$7,30449 more rows
(S.D. Codified Laws §25-4-34.) The law doesn't require either spouse to attend a final divorce hearing for uncontested divorces. Instead, if there are no problems with the divorce paperwork, once the 60-day waiting period expires, a judge will sign the Final Judgment or Decree of Divorce and finalize your divorce.
How to File for Custody in South Dakota Agree on a Parenting Plan. It is highly recommended that the parents try to reach an agreement on the terms of custody before starting the legal process. ... Calculate Child Support. ... Complete and File Required Forms. ... Serve the Forms. ... Receive Court Order.
Getting Help Filing Your South Dakota Divorce If you'd like to DIY your divorce, the state has information, instructions, and forms available online. You can also get forms from your court clerk.