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In South Dakota, the standard parenting guidelines will set out the custody arrangement to be followed by the parents. You can object to the standard guidelines and the judge will order a hearing within thirty days.
For civil record searches and questions regarding criminal and civil record searches, you can send an e-mail to: USJPARupport@ujs.state.sd.us. Criminal and protection order searches are available on the Public Access System or PARS at: . There is a $20 fee for each submitted search.
Even for uncontested divorces, South Dakota law requires spouses to wait 60 days from the date you file the divorce paperwork until the judge can finalize the divorce. (S.D. Codified Laws §25-4-34.) The law doesn't require either spouse to attend a final divorce hearing for uncontested divorces.
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.
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.
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.
You are strongly encouraged to consult with a lawyer before proceeding with a divorce action in which you represent yourself. If you cannot afford a lawyer you may qualify for free legal assistance. Visit the legal assistance page for more information.
CRIMINAL cases are available, unless sealed, on the UJS system from 1989 to present. CIVIL cases, unless confidential or sealed, are available from 2003 to present. Active money judgments are available for the past 20 years and inactive money judgments from April 19, 2004 to present.