Start your South Dakota divorce online
- Determine your eligibility
- Complete the online interview
- Get your ready-to-sign divorce forms
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Laura A. Wasser
Laura Wasser is a Family Law Attorney with over 20 years of experience. Having handled a number of high-profile, high-net-worth divorce cases, Laura Wasser and her team have developed an intuitive and simple process for uncontested divorces available to everyone.
South Dakota Divorce Overview
in South Dakota, the spouse filing for divorce must be a resident of the state or be stationed in the state while a member of the armed services at the time of filing and until the divorce is final. South Dakota has no minimum residency requirement.
South Dakota’s no-fault grounds for divorce are irreconcilable differences, causing the irretrievable breakdown of the marriage.
Some fault-based grounds for divorce in South Dakota include, but are not limited to, adultery, conviction of a felony, willful desertion and cruel or inhuman treatment.
in an effort to preserve the best interests of the child, the court may order joint legal custody, taking into consideration the wishes of the parents. The court may also grant one of the parents sole responsibility over all aspects of the child's welfare, or may divide parenting duties between the parties, in based on protecting the child’s best interests. Generally, the court will approve any agreement reached by the parties regarding parenting, so long as the best interests of the child are adhered to. The court will generally approve any agreement the parties reach concerning custody, so long as it appears to be in the child's best interest.
South Dakota has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.
An action for divorce may be brought in the county of residence of either party.
The Courts of South Dakota are authorized to order mediation for any custody or visitation dispute between parents. Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.
Court filing fees are in addition to the cost of using it's over easy. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
We are not sure what state to divorce in, what should we do?
Please click the state information tab above to review your state’s residency requirements. If you are in need of a different state, return to the homepage and choose it there.
How do I file after receiving my divorce forms?
If you are in a state or county where we cannot file for our clients, in addition to your completed divorce forms, we also provide detailed signing and filing instructions to help remove all potential questions on your end.
Can I use this service if I have children?
Yes you can. Our online interview factors in this possibility and you will be directed to specific questions accordingly. We also provide child support calculators and parenting plans.
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