South Dakota Simplified Divorce Procedures

If both spouses consent to the use of "irreconcilable differences" as the grounds for divorce, the court may grant the divorce based entirely on affidavits of the spouses which establish the required residency and grounds for the 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, Chapter 25-4-17.3].

Each state has its own unique filing procedure. When filing for divorce in South Dakota, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You can visit the South Dakota state statutes located at: to learn more about these documents. You will discover that some documents may be provided by the South Dakota Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the South Dakota Laws and the filing requirements.