South Dakota Divorce Forms — Complete Guide (2026)

South Dakota divorce forms are available at: ujs.sd.gov/self_help/family.aspx — South Dakota Unified Judicial System self-help.


Where to Get South Dakota Divorce Forms

SD Unified Judicial System: ujs.sd.gov/self_help/family.aspx — official forms.

Circuit Court Clerk's Office: In-person assistance at the courthouse in your county.

East River Legal Services: eastriverlegalservices.org — free legal help. Dakota Plains Legal Services: dakotaplains.org


Core Forms — Agreed Divorce

FormPurpose
Complaint for DivorceFiled by Petitioner; alleges irreconcilable differences
SummonsServed on Respondent
Acceptance of ServiceRespondent waives formal service
Separation AgreementFiled with Complaint — covers all property, debts, alimony, custody
Decree of DivorceJudge's final order
If children: Parenting PlanRequired; comprehensive
If children: Child Support WorksheetSD Guidelines calculation

Separation Agreement — Filed with the Complaint

South Dakota's approach is to file the Separation Agreement simultaneously with (or shortly after) the Complaint. This means you should have the Separation Agreement fully negotiated, signed, and notarized before filing.

The Separation Agreement must cover:

Marital Real Property:

  • Full address and legal description
  • Agreed fair market value; mortgage balance; marital equity
  • Assignment: who keeps (buyout; refinancing deadline; fallback; Quitclaim Deed → SD Register of Deeds) or sale (proceeds split; timeline)

Marital Financial Accounts:

  • Institution, type, balance; assignment; transfer instructions

Retirement Accounts:

  • QDRO for employer plans (marital portion from marriage to separation)
  • IRA: transfer incident to divorce
  • SDRS (South Dakota Retirement System): sdrs.sd.gov — DRO after Decree

Vehicles: Assignment; loan assumption; SD DMV title transfer

Marital Debts: Creditor, balance, who assumes, indemnification

Separate Property Acknowledgment: Each spouse's separate property; confirmed as not subject to division

Alimony: Award with amount, duration, payment terms — or explicit waiver

If Children:

  • Legal and physical custody
  • Comprehensive Parenting Plan
  • Child support per South Dakota Guidelines

South Dakota Child Support Guidelines

South Dakota uses an income shares model:

  1. Determine both parents' gross monthly income
  2. Apply allowed deductions
  3. Look up combined obligation in SD Child Support Schedule
  4. Allocate proportionally between parents by income share
  5. Adjust for health insurance, childcare, parenting time

Duration: South Dakota child support generally continues to age 18 or through high school graduation (not to exceed 19).


Alimony — South Dakota Factors (SDCL § 25-4-41)

South Dakota courts consider all relevant factors, including:

  • The length of the marriage
  • The parties' respective earning capacities
  • The parties' ages, health, and physical condition
  • The parties' financial condition and circumstances
  • The station and occupation of each party
  • Each party's relative fault in the divorce (fault grounds relevant)
  • Contribution as homemaker

Last reviewed: March 2026 | ujs.sd.gov/self_help/family.aspx | Separation Agreement filed with Complaint | "Irreconcilable differences" (SDCL § 25-4-2) | Equitable distribution (SDCL § 25-4-44) | Alimony: SDCL § 25-4-41 | SD Register of Deeds for deed recording | SDRS for state employees | eastriverlegalservices.org

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Written by the SoLongSoulmate.com Editorial Team

Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.