No-Fault Divorce in South Dakota
State-specific overview · Family Law
South Dakota allows no-fault divorce based on irreconcilable differences with a 60-day waiting period after filing.
How South Dakota treats No-Fault Divorce
South Dakota recognizes no-fault divorce when spouses cite irreconcilable differences, making it unnecessary to prove adultery or cruelty. A mandatory 60-day waiting period runs from the date of service before the divorce can be finalized. The state also permits fault-based grounds, but no-fault remains the simpler path. Either spouse may file, and the grounds apply equally regardless of who initiates.
The general definition of No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Read the full No-Fault 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.