South Dakota Divorce Filing Fee
Court costs to file for divorce in South Dakota: base filing fee, service of process, and any county clerk surcharge.
South Dakota divorces typically cost 57% less than the national average of $12,900.
South Dakota fee schedule
| Base filing fee range | $95 - $95 |
| Service of process fee | $50 |
| County clerk surcharge | Varies by county |
| Total minimum | $145 |
| Total maximum | $145 |
Last verified: May 2026. For self-help and exact local fees, see the South Dakota court self-help center.
Filing fee details
Locked to South Dakota on this page.
Pick your county for an exact filing fee, or leave blank to see the state-wide range.
This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.
South Dakota county filing fees
Filing fees for the largest counties in South Dakota. Confirm with the local clerk before filing, as fees can change.
| County | Filing Fee | Surcharge | Total | Notes |
|---|---|---|---|---|
| Brookings | $50 | $47 | $97 | Brookings area. |
| Brown | $50 | $47 | $97 | Aberdeen area. |
| Codington | $50 | $47 | $97 | Watertown area. |
| Minnehaha | $50 | $47 | $97 | Sioux Falls area. $97 total uniform statewide. |
| Pennington | $50 | $47 | $97 | Rapid City area. |
Filing fee is the base petition cost. Surcharge covers any county-level add-on (CCRC, court technology, domestic relations surcharge, etc.). Total is what you pay the clerk before service of process.
Filing Fees in South Dakota - Frequently Asked Questions
How much does it cost to file for divorce in South Dakota?
Filing for divorce in South Dakota typically costs $145 to $145 in court fees. This includes the base filing fee ($95 to $95), service of process ($50), and any county clerk surcharge.
Are there fee waivers for divorce filings in South Dakota?
Yes. South Dakota courts allow filers who cannot afford the fees to apply for a waiver, sometimes called an in forma pauperis (IFP) or fee waiver application. Approval is typically based on receipt of public assistance, income below a court-set threshold, or documented hardship. Applications are submitted to the court clerk along with the divorce petition.
Does it cost more to file a contested divorce in South Dakota?
The initial filing fee in South Dakota is the same regardless of whether the case is uncontested or contested. The difference shows up in motion fees, hearing fees, and attorney costs as the case progresses. Each contested motion typically adds $30 to $100 in court fees, plus the attorney time to draft and argue it.
Are filing fees the same in every county in South Dakota?
Filing fees in South Dakota are set by state statute, but counties can add their own surcharges and processing fees. The fees shown here use South Dakota's statewide range. Confirm the exact fee with your county clerk before filing, particularly in larger metropolitan counties.
When are divorce filing fees due in South Dakota?
Divorce filing fees in South Dakota are due at the time you submit your petition. Most courts accept cash, check, money order, and credit cards (with a small processing fee). If you are pursuing a fee waiver, submit the waiver application together with the petition. The clerk will not accept the filing without payment or an approved waiver.
This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.