South Dakota Divorce Info Sheet
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How to fill out South Dakota Divorce Info Sheet?
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FAQ
Records of divorce proceedings since 1905 are kept by the State Department of Health. To order a copy of a divorce record, follow the instructions on the South Dakota Department of Health website. For information about earlier divorce records, write to the clerk of courts in the county where the divorce took place.
Divorce on the Grounds of Adultery StatePost-Divorce Remarriage Waiting PeriodPennsylvaniaNoneRhode Island3 monthsSouth CarolinaNoneSouth DakotaNone (adultery exception)47 more rows
In South Dakota, a divorce can be completed on average in a minimum of 60 days, with court fees of $95.00. Unlike many states, South Dakota does not have any divorce residency requirements determining how long the appellant must have lived in South Dakota prior to filing for divorce.
South Dakota is an equitable distribution state. This means property from a marriage is divided fairly and equitably, but not necessarily on a 50/50 split.
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.
When is a divorce final? Your divorce is final on the day the court signs the divorce decree. You normally will receive it a few days later, since it is sent to your attorney, who will then send you a copy. You are legally divorced as of the date the decree is signed.
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.