Divorce in South Dakota: Costs, Laws, and Calculators (2026)

Everything you need to understand the financial reality of divorce in South Dakota. State-specific costs, formulas, and free calculators.

Avg. uncontested
$1,000 - $3,000
Avg. contested
$8,000 - $24,000
Typical timeline
2 - 9 months
DCE State Score
74 / 100

South Dakota divorces typically cost 57% less than the national average of $12,900.

South Dakota sets no residency requirement, making it one of the faster states to file.

South Dakota is an equitable distribution state and uses the Income Shares model for child support. It is unusual in setting no residency requirement, so a spouse can file without first establishing a minimum time in the state. Court filing fees are low at about $95, and both fault and no-fault grounds are available. Attorney rates run $175 to $300 per hour, and a contested case typically falls between $8,000 and $24,000, among the lower ranges in the country.

Key Fact

South Dakota sets no residency requirement to file and keeps its filing fee around $95, with contested cases typically running $8,000 to $24,000, among the more affordable in the country.

Recent Development

South Dakota continues to divide property under equitable distribution and to keep both fault and no-fault grounds available. With no residency requirement, the practical timeline depends mostly on the court's calendar and whether the spouses agree on terms.

South Dakota Divorce Quick Facts

Verified statutory data, attorney rates, and procedural rules for South Dakota.

Property division system
Equitable Distribution (judicial discretion)
Alimony formula type
Judicial Discretion
Child support formula
Income Shares Model
Mandatory waiting period
60 days
Residency requirement
None
Mediation required
No
Equal parenting presumption
No
Fault divorce available
Yes
Collaborative divorce available
Yes
Filing fee range
$95
Attorney hourly rates
$175 - $300/hour
Data last verified
May 29, 2026

DCE State Score Breakdown

Our proprietary index ranks every state on cost, complexity, and timeline. Higher is more favorable.

Overall DCE State Score

74/ 100

A score of 74 means South Dakota is more favorable than average in terms of divorce cost and complexity.

Cost Score

32/ 40

Based on filing fees, attorney rates, and total typical costs in South Dakota.

Complexity Score

24/ 30

Reflects judicial discretion, mandatory mediation, and procedural hurdles.

Timeline Score

18/ 30

Driven by waiting periods and average case duration from filing to decree.

Divorce Calculators for South Dakota

All 15 calculators preconfigured with South Dakota statutory data.

South Dakota Divorce Laws Overview

Property Division

South Dakota uses equitable distribution to divide marital property. This does not mean equal, it means fair, based on the circumstances. Judges consider factors including each spouse's income and earning capacity, contributions to the marriage, length of the marriage, and the economic circumstances of each spouse. Outcomes can vary significantly from case to case.

Spousal Support (Alimony)

South Dakota judges have broad discretion in setting alimony awards. There is no statutory formula. Courts weigh a set of statutory factors including: length of the marriage, standard of living during the marriage, each spouse's earning capacity, financial resources of each spouse. This means outcomes can vary significantly depending on the judge and the specific facts of your case.

Child Support

South Dakota uses the Income Shares Model for child support. Both parents' gross incomes are combined, the total support obligation is determined from a guideline table, and each parent's share is proportional to their share of the combined income. The paying parent pays their share to the receiving parent.

Custody and Parenting Time

South Dakota courts determine custody based on the best interests of the child. While there is no statutory presumption of equal time, courts generally favor arrangements that allow both parents meaningful involvement in the child's life.

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.

Frequently Asked Questions

How much does a divorce cost in South Dakota?
An uncontested divorce in South Dakota typically costs $1,000 - $3,000. Contested cases run $8,000 - $24,000, depending on attorney involvement, custody disputes, and the complexity of the marital estate. Court filing fees alone are $95.
How long does a divorce take in South Dakota?
South Dakota requires a 60-day waiting period after filing. Uncontested cases finalize in roughly 2 months on average, while contested cases take about 9 months from filing to final decree.
How is property divided in South Dakota?
South Dakota uses equitable distribution. Marital assets are divided based on what the court considers fair, not necessarily equal. Judges weigh income, contributions, length of marriage, and the economic circumstances of each spouse.
How is child support calculated in South Dakota?
South Dakota uses the Income Shares Model. South Dakota uses the Income Shares Model for child support. Both parents' gross incomes are combined, the total support obligation is determined from a guideline table, and each parent's share is proportional to their share of the combined income. The paying parent pays their share to the receiving parent.
How is alimony determined in South Dakota?
South Dakota alimony follows a judicial discretion approach. South Dakota judges have broad discretion in setting alimony awards. There is no statutory formula. Courts weigh a set of statutory factors including: length of the marriage, standard of living during the marriage, each spouse's earning capacity, financial resources of each spouse. This means outcomes can vary significantly depending on the judge and the specific facts of your case.

Divorce Costs in Nearby States

See all 50 states for complete cost breakdowns and calculators.