How to File an Uncontested Divorce Online in South Dakota?

If you and your spouse have agreed it’s time to end the marriage—and you’re on the same page about the major issues—South Dakota gives you a relatively straightforward path to an uncontested divorce.

In this guide, I’ll walk you through:

  • Who can file in South Dakota?
  • What grounds can you use?
  • Which forms you’ll need
  • How the step‑by‑step process works (including online tools)
  • What to expect with property, support, custody, and timelines

This is general information, not legal advice for your specific situation. But it should help you understand the overall process

Residency and Where to File

South Dakota’s residency rule is simple compared to those in many other states.

  • Only one spouse (the “plaintiff”) has to live in South Dakota when the divorce is filed.
  • There is no minimum time you have to live here first.
  • If you’re in the military and stationed in South Dakota, that also counts as residency.
  • The key is that you’re here in good faith and intend to stay (at least for now).

Which county do you file in?

Under South Dakota’s venue rules:

  • You can file in the circuit court of the county where either spouse lives.
  • Your spouse (the “defendant”) can ask the court to move the case to their county of residence.

South Dakota has seven judicial circuits covering all 66 counties, with major filing locations in:

  • Sioux Falls – Second Judicial Circuit
  • Rapid City – Seventh Judicial Circuit
  • Aberdeen – Fifth Judicial Circuit

You can use the court finder on the South Dakota Unified Judicial System (UJS) website to figure out exactly where to file.

Grounds for Divorce in South Dakota

South Dakota recognizes both fault and no‑fault grounds for divorce.

No‑fault: “Irreconcilable differences.”

For an uncontested divorce, almost everyone uses irreconcilable differences—basically, the marriage is broken, and there’s no realistic chance of fixing it.

Under South Dakota law:

  • Irreconcilable differences exist when there are substantial reasons for the marriage to end.
  • The court generally needs either:
    • Written consent from both spouses, or
    • A default situation where the other spouse doesn’t respond or appear.

So even in a “no‑fault” case, the court needs some indication that at least one spouse isn’t contesting the divorce.

Fault‑based grounds

South Dakota also allows divorce based on:

  • Adultery
  • Extreme cruelty (serious physical or emotional abuse)
  • Willful desertion
  • Willful neglect (for example, refusing to provide financial support when able)
  • Habitual intemperance (serious substance abuse)
  • Conviction of a felony

For uncontested cases, we almost always avoid airing fault allegations and proceed under irreconcilable differences, unless there’s a strategic reason not to.

Forms You’ll Need (With and Without Children)

All official divorce forms are available on the South Dakota UJS website. The exact forms depend on whether you have minor children together.

A. If you do not have minor children

At a minimum, you’ll need to file:

  • Summons (UJS‑309)
  • Complaint for Divorce (UJS‑310)
  • Case Filing Statement (UJS‑232)
  • Financial Affidavit (UJS‑023)

To finalize an uncontested divorce, you typically also need:

  • Stipulation and Settlement Agreement (UJS‑324) – your written settlement on property, debts, and any support
  • Affidavit as to Jurisdiction and Grounds (UJS‑319A) – confirming residency and your legal basis for divorce
  • Judgment and Decree of Divorce (UJS‑326A) – the order the judge signs to officially end the marriage

If your spouse does not respond after proper service, you’ll also need:

  • Application for Default Judgment (UJS‑321)
  • Affidavit of Military Status (UJS‑306)
  • Default Judgment and Decree (UJS‑322A)

B. If you do have minor children

The forms are similar, but a bit more involved.

Initial filing and service:

  • Summons (UJS‑311)
  • Complaint (UJS‑312)
  • South Dakota Parenting Guidelines (UJS‑302) – must be served with the initial documents.

To finalize:

  • Stipulation and Settlement Agreement with Minor Children (UJS‑325)
  • Divorce Affidavit as to Jurisdiction and Grounds (UJS‑319B)
  • Child Support Filing Data Form (UJS‑089)
  • Judgment and Decree of Divorce (UJS‑326B)

Parenting education course:

In cases with minor children, both parents must complete a court‑approved parenting class and file:

  • Affidavit on Court‑Approved Parenting Course (UJS‑364)

The court won’t finalize your divorce until this requirement is met.

Step‑by‑Step Filing Process (and What You Can Do Online)

You can prepare your documents by hand, but many people now use the UJS “Guide and File” system. It walks you through an online interview and then generates court‑ready forms you can print.

Important: Even if you prepare your forms online, self‑represented parties cannot e‑file divorce cases in South Dakota. You still have to submit paper documents.

All forms must be printed single‑sided.

Step 1: Prepare and file your initial documents

File these with the Clerk of Courts in the correct county:

  • Summons
  • Complaint
  • Case Filing Statement
  • Financial Affidavit

As of July 2025, the total filing fee is $97, which includes:

  • $50 filing fee
  • $40 court automation surcharge
  • $7 law library fee

You can usually pay:

  • In person (cash or check), or
  • Online through the UJS ePay system (credit/debit) after getting your case number.

Step 2: Serve your spouse

You cannot serve the papers yourself.

Service must be done by:

  • Someone 18 or older who is not a party to the case, or
  • A sheriff or professional process server.

Common methods:

  • Personal delivery with signed acknowledgment (using the appropriate UJS forms)
  • Service by mail with a signed acknowledgment returned within 20 days
  • Sheriff or private process server for a spouse who is unwilling or hard to reach

If you truly cannot locate your spouse after diligent effort, you can ask the court to allow service by publication in a newspaper—but you must get court approval and show what steps you took to find them.

Step 3: File proof of service and wait

Once your spouse is served:

  • File the proof of service with the court.
  • Your spouse has 30 days from the date of service to file an Answer if they want to contest anything.

South Dakota also has a mandatory 60‑day waiting period. This runs from the date of completed service, not the date you filed the case. The court cannot grant the divorce until at least those 60 days have passed.

Step 4: Parenting class (if you have children)

If you have minor children:

  • Both parents must complete the parenting education course within 60 days of service.
  • Each parent files the Affidavit on Court‑Approved Parenting Course (UJS‑364).

If you don’t file the affidavits, the court can delay or refuse to enter your final decree.

Step 5: Finalize the divorce

Once all of the following are done:

  • The 60‑day waiting period has passed.
  • Your settlement agreement and all required documents are filed.
  • Parenting class requirements are met (if applicable)

…you can contact the Clerk of Courts and ask that your Judgment and Decree of Divorce be sent to the judge for signature.

In a true uncontested case, most South Dakota judges will finalize the divorce without a hearing—they review your paperwork and, if everything looks proper and fair, sign the decree.

It’s smart to provide:

  • Self‑addressed, stamped envelopes so the court can mail back certified copies of your divorce decree.

Electronic Filing: What You Can and Can’t Do

South Dakota uses the Odyssey File & Serve system for electronic filing, but:

  • Only attorneys can use this eFiling portal in divorce cases.
  • If you’re representing yourself (pro se), you must file on paper, either:
    • In person at the Clerk of Courts, or
    • By mail.

However, you can absolutely use the UJS Guide and File system online to prepare your forms. It’s free and designed to help self‑represented people generate the correct documents.

Court Fees and Fee Waivers

Standard fees

As of July 2025, the typical fees are:

  • $97 – filing a divorce case
  • $25 – filing an Answer, if your spouse responds
  • $2 – for each certified copy of your divorce decree

Fee waivers

If you cannot afford these fees, you can ask the court to waive them.

You’ll need to file:

  • Motion to Waive Filing Fee & Service of Process Fee (UJS‑022)
  • Financial Affidavit (UJS‑023)
  • Proposed Order (UJS‑028)

The court generally looks for:

  • Income at or below about 125% of the federal poverty level, or
  • Proof that you receive certain government assistance benefits.

The judge reviews your financial information and usually responds within about five business days. If your request is denied, you’ll typically have 30 days to pay the fee, or your case can be dismissed.

Property Division and Spousal Support (Alimony)

Property division: “All‑property” equitable distribution

South Dakota is an equitable distribution state with a twist: the court has authority over all property, including:

  • Property you owned before the marriage
  • Inheritances and gifts
  • Property titled in only one spouse’s name

That doesn’t mean everything will automatically be split 50/50, but the judge can consider it all.

Courts look at factors such as:

  • Length of the marriage
  • Value and nature of the property
  • Each spouse’s age and health
  • Each spouse’s earning capacity
  • Each person’s contributions (including as a homemaker)

In an uncontested case, you and your spouse can agree on a property division, but it must be reasonably fair, or the judge can reject it.

Spousal support (alimony)

South Dakota law gives judges broad discretion to award “suitable” support, which may include:

  • Temporary alimony – while the divorce is pending
  • Rehabilitative alimony – to help a spouse get training or education
  • Restitutional alimony – to reimburse one spouse for helping the other obtain an education or build a career
  • Permanent alimony – in long‑term marriages with significant financial disparity

Unlike property division, marital fault can be considered when deciding alimony.

Courts look at things like:

  • Length of the marriage
  • Each spouse’s earning ability and job history
  • The standard of living during the marriage
  • Each spouse’s financial situation after the property is divided.

Either spouse can later ask to modify alimony if circumstances change substantially—unless you both agreed in writing that alimony would be non‑modifiable, and the court approved that.

Child Custody and Child Support

Custody: Best interests of the child

South Dakota decides custody based on the best interests of the child, considering:

  • The child’s physical, emotional, and moral welfare
  • Each parent’s ability to meet the child’s needs
  • The stability and appropriateness of each home
  • The parents’ ability to communicate and cooperate
  • The child’s preferences, if old enough and mature enough

The court can award:

  • Joint legal custody (shared decision‑making) or sole legal custody
  • Joint physical custody (child spends significant time with both) or primary physical custody to one parent with parenting time for the other

For contested joint physical custody, South Dakota law lists specific factors judges must weigh, including each parent’s suitability and the quality of their communication.

South Dakota Parenting Guidelines

South Dakota has Parenting Guidelines (Form UJS‑302) that set out standard parenting time schedules based on:

  • The child’s age, and
  • The distance between the parents’ homes

Unless you and your spouse agree on a different schedule and the court approves it, these guidelines generally become part of the court order.

Child support

South Dakota uses the income shares model:

  1. Both parents’ net incomes are added together.
  2. A support schedule is used to find the total basic child support obligation.
  3. Each parent is responsible for a percentage of that amount based on their share of the combined income.

The state provides an official online child support calculator.

Child support typically continues until:

  • The child turns 18, or
  • Until 19 if the child is still in high school and a full‑time student.

Courts can adjust (deviate from) the guideline amount when there are:

  • Special needs or unusual medical expenses
  • Significant parenting time (shared custody), especially where a child spends at least about half the nights per year with each parent
  • Other financial hardships or unique circumstances

Timeline and What to Expect

In a smooth, uncontested case, most South Dakota divorces finalize in about 60–90 days from the date your spouse is properly served.

  • The 60‑day waiting period after service is the minimum.
  • How fast you finalize depends on:
    • How quickly can you get all the forms completed and filed
    • Completing any parenting class requirements
    • How busy the court is

Automatic temporary restraining order

As soon as the divorce papers are properly served, South Dakota law automatically issues a temporary restraining order that applies to both spouses. Without court permission, neither spouse may:

  • Transfer, hide, or dispose of assets.
  • Remove the children from the state.
  • Cancel or change insurance coverage.

This is meant to freeze the status quo and prevent either spouse from making big, harmful changes during the divorce.

Free and Low‑Cost Legal Help

If you’re trying to handle an uncontested divorce on your own, there are resources that can help:

  • East River Legal Services – serves low‑income clients in roughly the eastern half of the state.
  • Dakota Plains Legal Services – serves western South Dakota and tribal communities.
  • SD Law Help (sdlawhelp.org) – a central portal where you can apply for legal aid and be routed to the right organization

WORKS Clinic

The WORKS Clinic, a collaboration between the University of South Dakota Knudson School of Law and the State Bar Foundation, offers free assistance with divorce forms for individuals within about 250% of the federal poverty guidelines.

UJS Legal Form Help Line

The UJS Legal Form Help Line (1‑855‑784‑0004) can:

  • Answer questions about how to use the forms and court procedures.
  • But cannot give legal advice or tell you what you should do in your specific situation.

Lawyer Referral Service

If you’d like at least one consultation with a private attorney:

  • The State Bar of South Dakota’s Lawyer Referral Service can connect you with a lawyer who handles family law and offers an initial consultation.

Final Thoughts

An uncontested divorce in South Dakota, especially if you use the online Guide and File tools, can be relatively efficient and low‑stress—if you and your spouse truly agree on everything.

That said, you’re still dealing with:

  • Legally binding court orders
  • Property rights
  • Long‑term financial obligations
  • Parenting rights and responsibilities

Whenever there’s substantial property, a big income difference, complex debt, or disagreements about kids, it’s wise to schedule at least a brief consultation with a divorce attorney before you sign anything. A half hour of advice upfront can prevent years of regret and costly problems later.