Residency Requirements:
There is no minimum residency requirement for filing for a divorce
in South Dakota, but the spouse filing for divorce must be a resident
of the state or a member of the Armed Forces stationed in South Dakota
at the time of filing and until the divorce is final. [South Dakota
Codified Laws; Volume 9A, Title 25, Chapters 25-4-30, 25-4-30.1,
and 25-4-34].
Legal Separation:
The grounds for legal separation are:
1) Adultery;
2) Confinement for 5years because of permanent
insanity;
3) Convicted felon;
4) Willful desertion;
5) Cruel and inhuman treatment;
6) Willful neglect;
7) Irreconcilable differences;
8) Drunkenness.
[South Dakota Codified Laws; Title 25, Chapters 25-4-17.2 and 25-4-40].
General Divorce Procedure:
If the spouses’ base for divorce is irreconcilable differences,
they can submit affidavits that establish the required residency and
the grounds for divorce. In such a case, the court will not generally
require either spouse to personally appear in court. [South Dakota
Codified Laws; Title 25, Chapter 25-4-17.3].
Title of Divorce action:
Complaint for Divorce.
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Grounds for South Dakota Divorce:
No-fault:
South Dakota’s no-fault grounds for divorce are irreconcilable
differences, which have caused the irretrievable breakdown of
the marriage. [South Dakota Codified Laws; Title 25, Chapters 25-4-2,
25-4-17.2, and 25-4-18].
Fault-based:
Fault-based grounds include adultery, confinement for 5years
because of permanent insanity; convicted felon; willful desertion;
cruel and inhuman treatment; willful neglect; separation caused
by misconduct; and drunkenness. [South Dakota Codified Laws; Title
25, Chapters 25-4-2 and 25-4-18].
Mediation or Counseling:
The proceeding can be delayed for up to 30 days if the court determines
that there is a reasonable possibility for reconciliation between
the spouses. [South Dakota Codified Laws; Title 25, Chapter 25-4-17.2].
Where to file for divorce:
In the county where either spouse resides. However, the defendant
may have the case transferred to his or her county if desired. In
addition, there is a 60-day waiting period after filing before a
hearing will be held or the divorce will be granted.
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