Getting Divorced
SDCL § 25-4-2 — irreconcilable differences among the grounds, residence at filing, and sixty days before it can be heard
A divorce may be granted for adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of a felony, or irreconcilable differences: substantial reasons, as the court finds them, for not continuing the marriage.
The person filing is a resident of the state, or stationed in it in the armed services, when the action begins.
Sixty days. No divorce is heard or decided until at least sixty days after service of the summons and complaint. The court may make temporary orders in the meantime.
Once served, both spouses are automatically restrained from disposing of marital assets, disturbing the other's peace, taking a child out of the state, or changing insurance, without consent or a court order.
The court divides the property equitably, whichever spouse holds title, with regard to equity and the circumstances of both.
A particular divorce is a question for a licensed South Dakota attorney.
Sources for this section (6)
- SDCL § 25-4-2 — Grounds for divorce
- SDCL § 25-4-17.1 — Irreconcilable differences defined
- SDCL § 25-4-30 — Residence requirements for divorce or separate maintenance
- SDCL § 25-4-34 — Waiting period before trial of divorce and separate maintenance actions; Temporary orders and preliminary proceedings during waiting period
- SDCL § 25-4-33.1 — Automatic temporary restraining order upon service
- SDCL § 25-4-44 — Division of property between parties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.