{"id":376332,"date":"2016-03-31T21:36:45","date_gmt":"2016-04-01T02:36:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-legal-requirements-for-divorce.html"},"modified":"2024-03-19T09:12:58","modified_gmt":"2024-03-19T14:12:58","slug":"south-dakota-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-legal-requirements-for-divorce.html","title":{"rendered":"South Dakota Divorce Laws"},"content":{"rendered":"\n
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South Dakota Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

State law governs the South Dakota divorce process and dictates how the court handles divorce proceedings. The legal process for dissolving a marriage<\/a> in South Dakota is similar to that of most other states.<\/p>\r\n

Many people assume they can handle their divorce case themselves. It isn\u2019t until they\u2019re midway through the divorce process that they realize they\u2019re in over their heads.<\/p>\r\n

Here, we\u2019ll explain the basic divorce process in South Dakota. We\u2019ll discuss the legal requirements for divorce, such as the state residency requirements<\/a> and waiting periods<\/a>. We\u2019ll also describe how the courts resolve issues such as spousal support<\/a>, child support<\/a>, and the division of marital property<\/a>.<\/p>\r\n

This article provides a brief overview of divorce laws in the state of South Dakota. Reference the chart below and the helpful links for further information.<\/p>\r\n

South Dakota Divorce Laws: At a Glance<\/b><\/h2>\r\n

South Dakota has the most lenient residency requirements<\/a> when it comes to divorce. Most states require the petitioner to live in-state for months or even a year before filing for divorce, but the South Dakota courts only require you to live in-state when you file for divorce.<\/p>\r\n

The court may require you to remain in the state during the divorce proceedings. Be aware that if your spouse lives in the state the two of you last resided in, the court may be limited to only granting you a divorce.<\/p>\r\n

The South Dakota court may not have jurisdiction over issues such as child custody and support, or distribution of marital property that lies in the state where the other spouse resides.<\/p>\r\n

In addition to having no residency requirements, South Dakota divorce law doesn\u2019t require separation before divorce. You and your spouse can live together until the judge issues the decree of divorce. While most people getting divorced would rather not live with their spouse once they file, it\u2019s good to know that this is an option.<\/p>\r\n

One legal requirement the South Dakota courts impose is a mandatory 60-day waiting period. The judge cannot issue the final judgment for divorce until at least 60 days have passed since you filed your divorce papers. This \u201ccooling off\u201d period allows the parties to reconcile or modify the divorce settlement agreement.<\/p>\r\n

It\u2019s important to point out that the court can enter temporary orders concerning child custody, support, alimony (spousal support), and use of the marital residence during the waiting period.<\/p>\r\n

No-Fault Divorce and Fault-Based Divorce<\/h2>\r\n

South Dakota recognizes both fault and no-fault divorce<\/a>. A fault-based divorce action allows the petitioner to blame the divorce on their spouse. With a no-fault divorce, you need only cite irreconcilable differences between you and your spouse.<\/p>\r\n

South Dakota law recognizes six grounds for divorce<\/a>, including:<\/p>\r\n