Divorce in South Dakota

South Dakota is nicknamed The Mount Rushmore State, but it can also take on the name The Swinged Cat state if dealing with a nasty ex.

To obtain a divorce in South Dakota, you must be a resident of South Dakota or stationed as a member of the military at the time you file for divorce. You don’t have to be living in the state during the divorce proceedings to be issued with a divorce decree.1

South Dakota is both a fault and no-fault divorce state. You can obtain a no-fault divorce (without claiming that either spouse is at fault) based on irreconcilable differences. You can also file an at-fault divorce under the reasons of adultery, willful desertion, extreme cruelty, habitual intemperance, conviction of a felony; or willful negelect.2

South Dakota is an equitable distribution property state, and assets acquired both during and before the marriage can be subject to division. South Dakota divorce laws attempt to divide marital property in a manner that will create a fair and equitable result. The judge will consider factors such as non-monetary contributions and economic misconduct.3

1SDCL § 25-4-30

2SDCL § 25-4-2-17

3SDCL § 25-4-44,45,55