The Advantages of South Dakota Uncontested Divorce
- There's no minimum residency requirement.
- Serve your spouse by mail.
- No court hearing is required.
- Get divorced in as little as 60 days.
South Dakota has no minimum in-state residency requirement, which means you can file for divorce as soon as you move there, as long as you continue to live there throughout the divorce process.
Grounds for Divorce
If you and your spouse have problems that you cannot resolve, you have met the requirements for no-fault divorce on the grounds of irreconcilable differences.
Filing for Divorce
All South Dakota divorces are filed at the Circuit Court Clerk's office in the county where either spouse lives. The spouse that files for divorce is the Plaintiff. The other spouse is the Defendant.
At just under $100, South Dakota has one of the lowest court filing fees for divorce in the U.S. However, if you are experiencing financial troubles and cannot afford the filing fee, you can file Affidavit of Indigency to ask the judge to waive the filing fee. File this form when you file your divorce papers.
Serving Your Spouse
Serving your spouse with divorce papers is very easy in South Dakota. After you file your divorce paperwork with the Circuit Court Clerk's office, simply mail a copy of each document filed to the Defendant. You can include the Notice and Admission of Service of Summons and Complaint form for him or her to sign. If you want to file your spouse's signed Notice and Admission of Service of Summons and Complaint form yourself, include a self-addressed stamped envelope to make it easy for the Defendant to return the signed original form to you for filing.
Finalizing Your Divorce
If the Defendant is cooperative and wants to participate in the divorce process, he or she may do so by signing and filing an Answer within 30 days after being served with divorce papers. However, if the Defendant doesn't want to be involved in the divorce, you can file default paperwork instead after 30 days from the date of service. With your DivorceWriter purchase, you'll have access to both sets of forms and complete instructions on both procedures. Either way, the judge must wait 60 days from the date of service before signing the Judgment and Decree of Divorce that finalizes the divorce.