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
| Form | Purpose |
|---|---|
| Complaint for Divorce | Filed by Petitioner; alleges irreconcilable differences |
| Summons | Served on Respondent |
| Acceptance of Service | Respondent waives formal service |
| Separation Agreement | Filed with Complaint — covers all property, debts, alimony, custody |
| Decree of Divorce | Judge's final order |
| If children: Parenting Plan | Required; comprehensive |
| If children: Child Support Worksheet | SD 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:
- Determine both parents' gross monthly income
- Apply allowed deductions
- Look up combined obligation in SD Child Support Schedule
- Allocate proportionally between parents by income share
- 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
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.