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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.

There is a filing fee at the courthouse of approximately $95 for each case. In addition, depending upon whether a lawyer is used, there is the cost of the attorney. Each divorce is different, so most divorce lawyers base their fees on an hourly rate.

Getting Help Filing Your South Dakota Divorce If you'd like to DIY your divorce, the state has information, instructions, and forms available online. You can also get forms from your court clerk.

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.

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.

How long does it take to get divorced? A divorce in South Dakota cannot be granted until 61 days have passed from the date the Defendant was served with the opening paperwork. The parties can reach an agreement at any point in that time, but the divorce cannot be finalized until 61 days have passed.