SOUTH DAKOTA

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].

 

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]