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Divorce can be emotionally difficult for all members of the family and can involve complex legal procedures. You must file your divorce in the circuit court in the county of residence of either spouse.South Dakota does not have the traditional "no fault" divorce. You can get a divorce in South Dakota without claiming that your spouse is at fault (a "no-fault" divorce). This guide covers the divorce process, legal requirements, how to file and more. Learn how divorce works in South Dakota. To file for divorce in South Dakota, either spouse should have been domiciled in the state i.e. Fault divorce in South Dakota is a divorce that is granted without either spouse having to allege and prove that the other spouse has done something wrong. According to the most recent CDC study, the yearly divorce rate in South Dakota is 9 per 1,000 total population. The State of South Dakota offers a no fault divorce based on irreconcilable differences.