Step-by-Step Guide: Filing for Divorce in South Dakota Without a Lawyer

Step 1: Verify You Meet South Dakota's Residency Requirements

Before filing, you must meet South Dakota's residency requirements:

Required: resident at filing

Where to file: Circuit Court in the county where you or your spouse lives

Proof may include:

• South Dakota driver's license or state ID

• Lease or mortgage documents

• Utility bills showing South Dakota address

• Voter registration in South Dakota

Step 2: Gather Required Documents

Collect all necessary documents before starting paperwork:

Personal Documents:

• Marriage certificate (certified copy)

• Both spouses' Social Security numbers

• Driver's license numbers

• Children's birth certificates (if applicable)

Financial Documents:

• Last 3 years' tax returns

• Recent pay stubs (both spouses)

• Bank statements (all accounts)

• Credit card statements

• Mortgage and property documents

• Car titles and loan documents

• Retirement account statements

• Investment account statements

• List of all assets and debts

Step 3: Complete South Dakota Divorce Forms

South Dakota requires specific forms for divorce. These typically include:

Basic Forms:

• Petition/Complaint for Divorce

• Financial affidavits (both spouses)

• Summons

• Settlement agreement (if uncontested)

• Child custody and support forms (if applicable)

Where to get forms:

• South Dakota court website for your county

• Courthouse clerk's office

• South Dakota legal aid websites

• State bar association

Step 4: File with Circuit Court

Submit your completed forms to the Circuit Court in your county.

Filing fee: $75-$100 (varies by county)

Payment options: Cash, check, money order, credit/debit card (may have processing fee)

Fee waiver: If you can't afford the fee, request a fee waiver by filing an Affidavit of Indigency showing low income or receipt of public assistance.

Step 5: Serve Your Spouse

After filing, officially notify your spouse:

Options:

• Sheriff or process server (most common)

• Waiver of service (if spouse cooperates)

• Certified mail (if allowed in your county)

• Publication (if you can't locate spouse)

Spouse has required time to respond per South Dakota rules (typically 20-30 days)

Step 6: Wait for Waiting Period

South Dakota requires 60 days waiting period before finalizing the divorce.

Step 7: Finalize Your Divorce

For uncontested cases:

• Submit final settlement agreement

• Attend hearing if required (varies by county)

• Judge reviews and approves

• Receive final divorce decree

Timeline: 2-4 months total for uncontested divorce in South Dakota