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Divorce in South Dakota

South Dakota couples who are filing for divorce should first familiarize themselves with the legal requirements and process for dissolving a marriage. The more knowledgeable you are, the more smoothly things will go. Each person should also be represented by a divorce attorney, who can manage the process and help negotiate a fair divorce settlement.

Things to Know Before Hiring South Dakota Divorce Lawyers

Before you hire a divorce lawyer, here are some essential things to know about getting a divorce in South Dakota:

  • You must be a state resident to file for divorce in South Dakota, and you must remain a resident until your divorce is finalized.
  • Your divorce petition will be filed in the South Dakota Circuit Court in the jurisdiction in which you live or in which your spouse lives.
  • You may obtain either a no-fault divorce (if your split is due to irreconcilable differences) or a fault-based divorce (if you are splitting because of adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance or conviction of a felony).
  • At minimum, there is a 60-day waiting period from the time the complaint has been served on your spouse until your divorce is granted. If a couple cannot easily agree on key issues—such as the division of property, alimony, child custody and child support—it will take longer to finalize your divorce.

Find & Hire Local South Dakota Divorce Attorneys

If you've decided to end your marriage, your next step is to hire a family law attorney to guide you through the divorce process. And can help you locate a lawyer in your area, whether you live in Sioux Falls, Rapid City or elsewhere in South Dakota. To use our free service, simply fill out the form on this page or call us at 877-913-7222.