South Dakota Divorce Forms & Papers

The spouse who files for divorce must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing. They must remain a resident until the divorce is final. There is no durational residency requirement. The divorce may be filed for in the county where either spouse resides, but the defendant has the right to have it transferred to his or her county of residence 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. [South Dakota Codified Laws, Title 25, Chapters 25-4-30, 25-4-30.1, 25-4-34]. For more information on filing divorce see our page on how to file for divorce.

The only no-fault ground for divorce in South Dakota is: Irreconcilable differences which have caused the irretrievable breakdown of the marriage. [South Dakota Codified Laws, Title 25, Chapters 25-4-2, 254-17.2, 25-4-18].

If both spouses consent to the use of "irreconcilable differences" as grounds for divorce, the court may grant the divorce based entirely on affidavits of the spouses which establish the required residency and grounds for divorce. In such cases, a personal appearance in court by either of the spouses will not generally be required. [South Dakota Codified Laws; Title 25, Chapters 25-4-17.3]

USE THESE WORDS IN THE COURT DOCUMENTS FOR SOUTH DAKOTA

  1. Use these exact words, all in capital letters: STATE OF SOUTH DAKOTA, COUNTY OF IN THE CIRCUIT COURT, JUDICIAL DISTRICT
  2. Use these exact words, all in capital letters: COMPLAINT FOR DIVORCE
  3. Use the word "Plaintiff". Be sure the "P" is capitalized.
  4. Use the word "Defendant". Be sure the "D" is capitalized.
  5. Use these exact words: DECREE OF DIVORCE. Be sure to use capital letters only when placed as the title of your final document.
  6. Use the word "County" here.

For detailed divorce laws in South Dakota state, please see South Dakota Divorce Laws page.

Free South Dakota Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".

South Dakota Divorce Instructions South Dakota Divoce Forms that Both Parties Must sign Forms & Doccoments South Dakota Divorce Court Forms South Dakota Divorce Forms to be Signed by a Friend Your Divorce Forms Divorce Form for Your Spouse

For detailed divorce laws in South Dakota state, please see South Dakota Divorce Laws page.

Divorce Papers

- Divorce Papers
- How to File for Divorce