Divorce in South Dakota
State-specific overview · Family Law
South Dakota requires a 60-day waiting period after filing before a divorce can be finalized.
How South Dakota treats Divorce
South Dakota imposes a mandatory 60-day cooling-off period from the date the divorce petition is filed until the decree can be entered, even if both spouses agree. This waiting period applies to all divorces, contested or uncontested. The state is a no-fault divorce jurisdiction, meaning either spouse can cite irreconcilable differences without proving wrongdoing. Property division follows equitable distribution principles rather than community property rules.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Dakota.