South Dakota

Divorce Residency Requirements To Get Divorce In South Dakota

To file for online divorce in South Dakota, the spouse filing must be a resident of the state, or stationed in the state while serving as a member of the armed services. South Dakota does not have a time limit for minimum residency requirements.

Reasons For Divorce In South Dakota

The no-fault ground for divorce in South Dakota is Irreconcilable differences leading to an irretrievable breakdown of the marriage.

There are several fault-based grounds for divorce in the state of South Dakota, including but are not limited to adultery, felony conviction, willful desertion, cruelty and inhumane treatment.

Custody Of The Children In South Dakota

South Dakota courts aim to preserve the best interests of the children at all times. As such, they may order joint legal custody. When possible, the court will take into consideration the wishes of the parents and the children. When it is possible, the court will approve any agreement reached by the parties regarding parenting, so long as the children’s best interests are adhered to.

South Dakota Child Support Guidelines

There are state mandated child support guidelines in place in South Dakota which apply in nearly every case, including those DIY divorce cases, unless exceptional circumstances are present. These guidelines calculate the gross income of both parents and child-related expenses. Child support continues until a child reaches the age of 18 and may continue to cover the child’s secondary education.

Venue For Divorce

The actual filing of the divorce can be done in the county of residence of either spouse.

Divorce Mediation

South Dakota courts can order mediation for any custody or visitation disputes between parents in any divorce with a lawyer or divorce without a lawyer. In addition, a party may file a motion to request mediation of disputed issues. If the divorce is proceeding, the party may request mediation so that the divorce can proceed in court on an uncontested basis. This may allow a divorce to go through as an uncontested divorce using our affordable, easy program at Divorce.com.

Filing Fees

Divorce filing fees are charged by the local court. These filing fee charges are in addition to the cost of using Divorce.com to fill out your divorce papers. This cost does vary by county. To determine the exact amount, we provide an easy way to look up the filing fees for your area. This ensures that you have a clear picture of all expenses specific to your situation before moving forward.