South Dakota's Residency Requirements

Either spouse must continue to be a resident of South Dakota until the divorce is finalized.

South Dakota's Grounds for Divorce

South Dakota residents may file for divorce under fault or no-fault grounds.

South Dakota's no-fault grounds is:

• irreconcilable differences, causing the irremediable breakdown of the marriage

South Dakota's fault grounds include:

• adultery
• cruel and inhuman treatment
• habitual intemperance
• willful desertion

South Dakota's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a South Dakota court will make a ruling.

South Dakota courts consider factors such as:

• the best interests of the child
• wishes of the child
• wishes of the parents

South Dakota's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

South Dakota courts consider factors such as:

• each parent's financial resources and income
• each parent's other financial obligations
• the cost and necessity of childcare

South Dakota's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

South Dakota courts consider factors such as:

• duration of the marriage
• each spouse's education, earning capacity, employment history, and contribution to the home
• whether one spouse contributed to the other's education, career, and earning capacity

South Dakota's Property Division Guidelines

South Dakota has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

South Dakota courts consider factors such as:

• duration of the marriage
• each spouse's earning capacity and value of assets
• each spouse's contribution to the property, including acquisition and upkeep

South Dakota's Venue Guidelines

The divorce forms may be filed in the petitioner's county of residence, or in the respondent's county of residence.