South Dakota Online Divorce
How to File Your Own Divorce in South Dakota
Outlined below is some background information you should know about filing for a divorce in South Dakota. Once you become acquainted with this information, you can take our quiz to see if you qualify for the South Dakota online divorce.

Using our online divorce is a quick and easy way to get all the completed documents you need in order to file for your own, uncontested divorce, while avoiding having to pay exorbitant attorney fees.

Residency Requirements

Every state has a set of residency requirements that must be met by the filing spouse in order for the court to have jurisdiction over the divorce proceedings. If you don't meet the residency requirements of the state you're trying to file in, the case may get dismissed by the court. The residency requirements in South Dakota are as follows:

  • The plaintiff in an action for divorce must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services
  • In order that each party be entitled to the entry of a decree or judgment of divorce, that residence or military presence must be maintained until the decree is entered
  • The divorce may be filed in the county in which either spouse resides
  • The defendant has a legal right to have the case transferred to his or her county if desired

  • (South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-4-30, 25-4-30.1, and 25-4-34)

Grounds for Divorce

There are also grounds each state will allow you to file under when filing for a divorce. The ground for divorce is the reason that you and your spouse are filing for a divorce. The following are the grounds for divorce in South Dakota:

  • No Fault:
    • Irreconcilable differences
  • Fault:
    • Adultery - Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married
    • Extreme cruelty - Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage
    • Willful desertion - Special conditions applicable. Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert
    • Willful neglect
    • Habitual intemperance
    • Conviction of felony

    (South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-4-2, 25-4-17, 25-4-18)

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