How to File for Divorce in South Dakota Without a Lawyer (2026 Guide)

Overview: Filing for Divorce in South Dakota Without a Lawyer

South Dakota requires residency at time of filing with a 60-day waiting period. The state can divide all property and has very low filing fees. DIY divorce is very feasible.

Can You File Without a Lawyer in South Dakota?

✓ Good Candidates for DIY Divorce:

Both agree to divorce
No minor children or agreement on custody/support
Agreement on property division
No spousal support disputes
Both willing to cooperate

⚠ Consider Hiring a Lawyer If:

Child custody or support disputes
Complex property division
Significant marital assets
Retirement accounts
Spouse contests

Find South Dakota Divorce Lawyers →

Step-by-Step: How to File for Divorce in South Dakota

Step 1

Verify South Dakota Residency

Either spouse must be a resident of South Dakota at time of filing (no specific time requirement).

⏱ Estimated Time: N/A

💡 Tips:

No minimum time required
SD driver's license
Proof of residency

Step 2

Complete Complaint for Divorce

Fill out Complaint for Divorce form.

⏱ Estimated Time: 2-3 hours

💡 Tips:

Filing fee: $95-150 (very affordable)
State irreconcilable differences
Use SD court forms

Step 3

File with Circuit Court

Submit petition to circuit court in your county.

⏱ Estimated Time: 1 day

💡 Tips:

Bring original + copies
Low filing fee
Get case number

Step 4

Serve Your Spouse

Have spouse served by authorized person.

⏱ Estimated Time: 1-2 weeks

💡 Tips:

Cannot serve yourself
Sheriff or process server
Spouse can waive service

Step 5

Wait 60 Days

South Dakota requires 60-day waiting period from service.

⏱ Estimated Time: 60 days

💡 Tips:

Cannot finalize earlier
Prepare settlement

Step 6

Exchange Financial Information

Both complete financial affidavits.

⏱ Estimated Time: 2-3 hours

💡 Tips:

Required disclosure
List all property
SD divides all property

Step 7

Draft Settlement Agreement

Create comprehensive settlement agreement.

⏱ Estimated Time: 4-6 hours

💡 Tips:

Address all property
Include parenting plan if children
Both must sign

Step 8

Submit Final Documents

File settlement and proposed findings.

⏱ Estimated Time: 2 hours

💡 Tips:

May need brief hearing
Check local requirements

Step 9

Receive Judgment

Court issues Judgment and Decree of Divorce.

⏱ Estimated Time: 1-2 weeks

💡 Tips:

Request certified copies
Effective immediately

Required Forms for South Dakota Divorce

Complaint for Divorce (Varies)

Required

📄 Download Form

Financial Affidavit (Varies)

Required

Settlement Agreement (Custom)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for South Dakota DIY Divorce

💰 DIY Divorce

$145-250

Filing fee: $95-150
Service fee: $50-100
Misc costs: $25-$100

👔 With Attorney

$2,500-12,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

For detailed cost breakdown including attorney fees and scenarios: View South Dakota Divorce Costs →

Common Pitfalls to Avoid

Not understanding all-property division

Missing 60-day wait

Incomplete financial disclosures

Not addressing all property

Frequently Asked Questions About South Dakota DIY Divorce

Does South Dakota have a residency requirement?

South Dakota requires that you be a resident at the time of filing, but has no specific minimum time period. This is very flexible.

Why are South Dakota's filing fees so low?

South Dakota has among the lowest filing fees in the nation at $95-150, making divorce very affordable.

Can I file for divorce without a lawyer in South Dakota?

Yes, South Dakota's straightforward procedures and low costs make DIY divorce very feasible for uncontested cases.

Need Professional Help?

While DIY divorce can save money in South Dakota, consulting with an attorney can help you understand your rights and avoid costly mistakes.

Find South Dakota Divorce Lawyers Questions to Ask a Lawyer