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Divorce in South Dakota: forms, cost, and how to file

A plain-English overview of getting an uncontested divorce in South Dakota — the residency rule, the no-fault ground, the filing fee, and the official forms — from LawCat, a free service built by attorneys.

Official South Dakota court forms →

South Dakota divorce at a glance

Residency requirement
No durational requirement; bona fide resident at commencement, maintained until decree.
No-fault ground
Irreconcilable differences (SDCL 25-4-2) — requires consent of both parties or defendant's default. Mandatory 60-day waiting period from service of summons/complaint before decree. Residency: no durational requirement — plaintiff must be a bona fide SD…
Filing fee
~$95-100 (reported $97 incl. automation/law-library surcharges — exact figure uncertain). Fee waiver available via motion/affidavit to waive fees (in forma pauperis).
Child support
Income shares model (SDCL 25-7-6.2 schedule). Official DSS Child Support Obligation Worksheet (e.g., SE481A) plus Shared Parenting Obligation Worksheet; online DSS Obligation Calculator at dss.sd.gov; UJS/DSS Form 089…
E-filing (self-represented)
Odyssey/eFileSD (southdakota.tylertech.cloud) is attorneys-only; pro se litigants must file paper in person or by mail. Guide & File is prep-only (print and file).
County differences
Low — unified statewide court system (UJS), statewide packets accepted in all circuits; no county supplemental forms identified.
Official statewide forms
Yes. Official UJS statewide pro-se packets: Divorce without Minor Children (plaintiff/defendant) and Divorce with Minor Children, including Summons, Complaint, Stipulation and Settlement Agreement, Affidavit, Judgment…

Official source: South Dakota court forms & self-help. Always confirm current forms and fees with the court before filing.

Coming soon

South Dakota document generation is on the way

LawCat already prepares complete divorce packets free in New York, Massachusetts, and New Jersey, and is expanding to South Dakota. In the meantime, the official South Dakota court forms are linked below.

Official South Dakota forms → See how it works

Why LawCat is free

Most “online divorce” sites charge $137–$499 for the same public court forms, and some add monthly fees. LawCat gives document preparation away because it is built by a law firm that helps people who later decide they want an attorney. You keep the free documents either way.

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South Dakota divorce FAQ

Do I need a lawyer to get divorced in South Dakota?

No. South Dakota allows you to file for divorce yourself (pro se). LawCat prepares your South Dakota divorce documents free, and you pay only the court’s filing fee. You can hire an attorney at any point if your case becomes complicated.

How long do I have to live in South Dakota to file for divorce?

No durational requirement; bona fide resident at commencement, maintained until decree.

How much does it cost to file for divorce in South Dakota?

~$95-100 (reported $97 incl. automation/law-library surcharges — exact figure uncertain). Fee waiver available via motion/affidavit to waive fees (in forma pauperis). With LawCat your documents are free, so the filing fee is typically your only unavoidable cost — and it can often be waived if you can’t afford it.

This page is general information about South Dakota’s court process, not legal advice for your situation, and LawCat is not a law firm. Forms and fees change — verify with the official court source above. Reviewed 2026.