Autofill Legal South Dakota Divorce Forms For Free

The Financial Affidavit is a sworn statement about the financial situation of the party completing the form. It is meant to give the judge and the parties accurate information about the property and debts involved in the divorce. The values used should be as of the day the party completes the Financial Affidavit.

The average cost of a divorce per person in the state, including court and lawyer fees, is $8,595 ? the 12th lowest among all states. Nationwide, the average cost of a divorce per person is $9,969. If children are involved, the average cost of a divorce per person in South Dakota increases to $11,754.

Divorce filing fees in South Dakota are $95 as of 2022. If you can't afford the filing fees, you can request a waiver by filing a Motion & Order to Waive Filing Fee & Service of Process Fee.

Even for uncontested divorces, South Dakota law requires spouses to wait 60 days from the date you file the divorce paperwork until the judge can finalize the divorce. (S.D. Codified Laws §25-4-34.) The law doesn't require either spouse to attend a final divorce hearing for uncontested divorces.

Under South Dakota law a divorce may be granted for any of these grounds: adultery, extreme cruelty (including bodily injury or grievous mental suffering), willful desertion, willful neglect, habitual intemperance, conviction of a felony, chronic mental illness or irreconcilable differences.

You are strongly encouraged to consult with a lawyer before proceeding with a divorce action in which you represent yourself. If you cannot afford a lawyer you may qualify for free legal assistance. Visit the legal assistance page for more information.