Guide to South Dakota Divorce Records

Divorce laws vary from state to state. Each state has its own process for dissolving marriages and maintaining records of the dissolution.

South Dakota's dissolution of marriage begins with one spouse filing a divorce action in the Circuit Court of the county where either spouse resides. South Dakota also allows spouses to file a request for legal separation or to continue a divorce proceeding, giving them time to reconcile before a final judgment is entered.

When a divorce complaint is filed with a court, the court generates various documents that serve as formal documentation for the case. The amount of information included in each divorce document can differ based on the nature of the document, but a typical South Dakota divorce file will have some of the following information:

• Names of both parties to the divorce

• The county where the divorce complaint was filed

• Name of the Circuit Court where the divorce case was heard

• Date the divorce was approved and finalized

• Docket number of the divorce case

• Final orders

• Type of judgment

Divorce records in South Dakota can be stored as paper files or in digital format. The older divorce records will generally be in physical form as paper files in county courthouses. More recently divorced couples may have their divorce records in a digital form.

Understanding where divorce records come from, what they include, and how to locate them will help you to verify an individual's marital status, get the necessary documentation for your legal needs, or do some general research on a person's family or legal history.

Where Are South Dakota Divorce Records Stored?

All divorce decrees are maintained by the Clerk of Circuit Courts at the county courthouse where the divorce was filed. This is the most complete record of a divorce proceeding. It contains all the documentation created during the divorce proceedings, including petitions, answers to the petition, motions filed by either party, any evidence submitted, and the final judgment.

Divorce certificates are issued by the South Dakota Department of Health, Vital Records Office. Divorce certificates are summaries of the divorce and include the names of the parties involved, the date of the divorce, and the county where the divorce was granted. Divorce certificates are used primarily for administrative and legal purposes, such as verifying marital status and for applications for a name change.

Is South Dakota a 50/50 Divorce State

South Dakota is not a “50/50” divorce state for dividing property. The court uses the principles of equitable distribution when deciding how to divide marital property. A judge will decide what is “fair” for each party based on the specific circumstances of the case, not necessarily an equal split. The South Dakota Codified Laws § 25-4-44 provides courts with considerable flexibility in making determinations and affords them the opportunity to make a “just and reasonable” decision regarding the division of property in a divorce.

In determining whether an asset is marital or separate, courts distinguish between marital property, property acquired during the parties' marriage, and separate property, property that was acquired prior to the marriage or separately during the marriage.

Separate property, such as assets from before the parties' marriage, is usually excluded from division. However, when marital property is divided, the court does not divide it equally; instead, it considers what is fair and divides it accordingly.

The South Dakota court will consider the following factors when dividing marital property:

• Length of the Marriage: The court may equally split the marital property for couples who have been married for many years. Conversely, if married for a shorter period, the court is likely to attempt to place each party back to where they were before they got married.

• Contributions by Each Spouse: The court will evaluate the financial and non-financial contributions of both spouses.

• Income and Earning Capacity: The court will consider the current income of both spouses, as well as their potential to earn income in the future based on education and job skills.

• Marital vs. Separate Property: Only marital property is subject to being divided. Separate property is usually given to the person who originally owned it unless the separate property was intermingled with marital property, so that it cannot be distinguished from the marital property.

• Fault Considerations: South Dakota is a fault-based divorce state. The court can consider one spouse's fault and whether that fault had a financial impact on the couple's net worth.

Types of South Dakota Divorce Records

The types of South Dakota divorce records vary, each serving a different purpose. While some individuals seek simple confirmation that a divorce has occurred, others may want an exact copy of all the judge's decisions in the case. Recognizing the differences will help you save time and get what you want.

South Dakota Divorce Certificate (Certificate of Divorce)

The divorce certificate is an official document that is issued by the South Dakota Department of Health. The divorce certificate provides a brief overview of the divorce; it does not provide all the information contained in the original divorce file.

Typically, the divorce certificate contains general information about the divorce, such as the names of the parties involved, the date of the divorce, and the county where it was finalized. Because of this, the divorce certificate is often used for administrative purposes, such as verifying identity, determining whether a party is eligible to marry again, or preparing other legal documents.

Divorce Decree (Final Judgment of Divorce)

The divorce decree (final judgment of divorce) is the most authoritative state document related to divorce. A divorce decree formally and legally terminates a marriage and contains the court's decisions regarding all aspects of the litigation.

A divorce decree is an official document issued by the South Dakota Circuit Court in the county where the divorce was filed. While the divorce certificate is an official document that merely confirms a divorce, a divorce decree is the court's full adjudication and binding orders to the parties, including:

• Property and Debt Division: The decree will detail how marital assets and liabilities will be divided between the parties.

• Alimony: The decree will detail the amount, type, term, and any conditions for spousal support ordered by the court.

• Child Custody and Support: The decree will include the specifics of the parties' children's legal custody, parental responsibility, and any support obligations.

• Final Judgment Date: The date of the final judgment is the date the Judge signed the decree terminating the marriage.

If a dispute arises after the divorce, a South Dakota divorce decree authorizes the enforcement of court-ordered obligations, including alimony, child support, and other obligations outlined in the decree.

How to File for Divorce in South Dakota (Step-by-Step)

At least one spouse must reside in South Dakota at the time the divorce action is initiated. Although many jurisdictions require a minimum period of residency before allowing a spouse to file for divorce, South Dakota does not. Rather than establishing a minimum residency period, South Dakota requires the spouse filing the divorce action to demonstrate that he/she has established a valid and genuine domicile in the state.

This means that the spouse filing the divorce action must be physically present in the State of South Dakota and intend to continue residing there. The provisions regarding residency in South Dakota Codified Law § 25-4-30 ensure that South Dakota courts have subject-matter jurisdiction over the divorce.

In addition to being a resident of South Dakota, the filing spouse must state a valid reason (or “ground”) for divorce, as required by South Dakota Codified Law § 25-4-2. South Dakota permits no-fault and fault-based divorces. A no-fault divorce can be filed by stating there are irreconcilable differences, neither spouse committed an act of misconduct, while a spouse may file a fault-based divorce based on one or more of the following fault reasons, including:

• Adultery

• Extreme cruelty

• Willful desertion

• Habitual intemperance

• Willful neglect

• Conviction of a felony

• Irreconcilable differences

After the parties have established that they meet the residency requirements and the grounds for divorce, they will determine whether their divorce will be uncontested or contested.

• An uncontested divorce is one in which the parties agree on all aspects of the separation, including the distribution of marital assets, debt allocation, child custody, child support, and spousal support. An uncontested divorce is usually faster, cheaper, and requires less involvement from the courts.

  Usually, the parties will present the court with a written agreement outlining the settlement terms for approval. As such, this method of obtaining a final divorce decree is generally easier than an uncontested divorce.

• A contested divorce arises when spouses disagree on one or more basic divorce issues. Contested divorces require a more formal legal proceeding; this may include financial disclosures, discovery, negotiations, temporary hearings, and possibly even a trial.

  Ultimately, the judges will decide issues the parties cannot agree on, thereby creating a more complicated, longer, and more expensive process.

Once you have established residency, grounds for divorce, and determined whether your divorce will be contested or uncontested, follow the steps below to start your divorce process.

Step-by-Step Divorce Process

The overall steps to file for divorce in South Dakota generally follow the format below.

Prepare the Filing Packet

Once eligibility is determined, the first step in obtaining a divorce is to prepare the documents needed to initiate the case.

• Identify the divorce path (1A vs. 1B): Decide whether the divorce is contested or uncontested.

• Typical Documents: Gather the following documents:

  • Complaint for Divorce: Outlines in detail the marital relationship; provides the grounds upon which the divorce is based; states what relief the initiating spouse is seeking.

  • Summons for Divorce: Informs the opposing spouse that a divorce case has been initiated and sets the deadline for the opposing spouse to reply or contest.

  • The Case Filing Statement: The form contains sensitive information about the parties, such as Social Security numbers, and is kept separate from the public file.

  • Financial Statement: Use this form to disclose the income, expenses, assets, and liabilities of both spouses.

  • The Settlement Agreement (for Uncontested Cases): Written contract between the spouses that resolves all issues arising out of the divorce, including but not limited to: property division, spousal support, and child support.

  • Other forms required, depending on whether the divorce is filed with or without children or you are the plaintiff or defendant, include the South Dakota Parenting Guidelines form, Statement on Court-approved Parenting Course form, and Case Filing Statement form. You can find the complete divorce filing packet on the South Dakota Unified Judicial Systems webpage on divorce.

  • Other documents required before you can file the divorce complaint include a marriage certificate, an income statement, proof of residency, financial statements, and an asset inventory.

• Filing Fees and Fee Waivers (Indegency): Filing for divorce in South Dakota involves payment of a court filing fee. These fees vary widely from around $95 to $135, depending on both the county in which your case will be heard and the type of case you are filing.

However, filing costs can often be waived for individuals with limited financial resources. In order to do this, you should submit a Motion, Affidavit, and Order for Waiver of Filing and/or Service Fees Form, asking the court to waive the filing fees due to financial hardship. If the application is approved, the court allows the case to proceed without requiring you to pay the filing costs.

File the Case

After you have completed your divorce filing packet, you need to file your divorce case with the court. The process of filing your divorce case begins the divorce case and places it on the court's calendar.

• Where to File: Divorce cases are typically filed in the Circuit Court of the county in which either spouse lives. The county where the case is filed is significant because that is the location of any subsequent hearings and the location of the court that will hear your case.

• Filing Methods: There are a variety of ways that you can file your divorce documents, depending on the resources available in your county or the preferences of the Clerk of Court. There are three main methods of filing divorce documents:

  • In Person: This is the most common way to file divorce documents and the fastest way to have them processed. When you file in person at the Clerk of Court's Office, you can expect to receive same-day processing.

  • By Mail: Some counties allow you to file your divorce documents by mail. When filing by mail, you should include your payment along with a copy of each document filed.

  • Electronic Filing (e-Filing): If you are an attorney, you can use the e-filing system to submit your divorce documents electronically. Additionally, some South Dakota courts now use the e-filing system for self-represented parties, but these opportunities are very limited.

• What You Receive: Once your divorce case has been filed and accepted by the court, the court will provide you with additional information regarding your case. This information includes:

  • Case Number: Case identifier required whenever you make any future filings in your divorce.

  • Summons (if applicable): Issued if your divorce case is being contested, serving as notice to the opposing party.

  • Notice of Initial Proceedings: Informs you of any initial court proceedings, such as scheduling, procedural issues, or court requirements.

Service of Process (Primarily for Contested Cases)

After you have filed your divorce petition, you will need to serve the other spouse with formal notice that you have commenced a divorce action. Service of process provides the other spouse with due process to defend their rights and interests in the matter. The court cannot proceed without proper service.

The courts in South Dakota require that divorce petitions be served by one of the following ways:

• The county sheriff

• Through a licensed private process server

• Using certified mail

When the service is completed, the individual responsible for completing it must provide evidence of service to the court. If this is not done, the response time limits will not commence, and the case may be delayed.

If, after making reasonable attempts, the other spouse cannot be located, alternative means of service are permitted in South Dakota. Prior to utilizing these alternatives, the filing party will usually need to prove to the court that they made good-faith attempts to locate the other party, such as contacting relatives or checking all previously known locations.

If all efforts fail, the court may allow alternative service methods, such as publishing the divorce notice in a local newspaper for a specified period or other forms of notice approved by the judge.

Early Case Phase and Temporary Orders

There's usually a gap between when the divorce is filed and when service of process is completed before the divorce becomes final. At this time, the court may intervene and issue an initial set of guidelines (temporary orders) to provide stability to daily routines while the case is pending.

Generally, courts will seek to maintain the status quo of the parties' pre-divorce responsibilities and living arrangements, unless there is a compelling reason to do otherwise. The purpose of maintaining the status quo is to prevent either spouse from making abrupt, disruptive changes in an effort to gain an advantage in the divorce proceedings.

For example, judges want to prevent one spouse from unilaterally relocating the children to another location without the other spouse's agreement, or from withholding necessary financial support from the other spouse. The judge may issue the following temporary orders:

• Temporary Custody and Visitation Arrangements: This outlines who the children will reside with and how parental responsibility will be distributed on a temporary basis while the divorce case is pending.

• Temporary Child Support and Spousal Support: The court may order temporary financial support to ensure that all parties, including children, have their basic needs met during the pendency of the divorce.

• Exclusive Use of the Marital Residence: The court may issue an order granting one spouse sole possession of the marital residence until the divorce is resolved.

• Protective or Restraining Orders: A spouse may seek a protective or restraining order if they feel threatened, harassed, or abused.

Financial Disclosures and Discovery

Once a divorce action is filed, each party must disclose their financial information so that neither party has an advantage or disadvantage during negotiations. The purpose of this stage is to provide transparency into both parties' financial affairs.

• Mandatory Financial Statement: Both spouses will typically need to complete a financial affidavit or disclosure statement detailing their current financial status, including income sources, monthly expenses, property owned, and outstanding debt.

• Supporting Documentation: The financial disclosure statements must be supported by documentation to substantiate the information contained therein. Some examples of documentation that may be included are pay stubs, tax returns, bank account statements, and credit card statements, retirement account summaries and investment records, mortgage documents, and property valuation documents.

• Discovery Tools: If there is a dispute over the financial information provided by either spouse or if one spouse believes the other is withholding information, the spouse seeking the information can use various discovery tools to formally request it. Examples of common discovery tools include:

  • Request for Documents: A formal demand for specific documents, such as financial statements, contracts, or business records.

  • Interrogatories: Written questions to which the opposing spouse must respond under oath. Interrogatories are commonly used to clarify financial issues or determine a timeline of events.

  • Subpoena: A legal order requiring a third party, such as a bank or employer, to produce certain financial records.

  • Depositions: Sworn testimony given during an in-person meeting, during which the opposing spouse or a witness responds to questions from the opposing spouse's attorney prior to trial

Case Management and Court Conferences

A case management conference will typically be one of the first formal meetings in court. The purpose of this meeting will generally be to deal with logistics and directions for the parties as opposed to making any decisions about your case.

In the case management conference, the court may:

• Verify that each party has either completed or begun their respective financial disclosure

• Set deadlines for the exchange of information during discovery and the filing of additional documents

• Determine whether it appears that your case is contested or whether a settlement is probable

• Encourage early resolution of the dispute via mediation/negotiation

A pre-trial conference is typically held at a later date, when all parties have collected most of their evidence, and the issues are clear. At this point in the process, the court is preparing for the possibility of trial. At the pre-trial conference, the judge may:

• Review what issues remain disputed (for example, custody or property division)

• Discuss witness lists and evidence each side intends to present

• Encourage settlement of the parties' remaining issues

• If a settlement cannot be achieved, set a trial date

Settlement or Trial

As a South Dakota divorce nears completion, most cases will either settle or go to trial. Although the court is prepared to decide unresolved issues in a divorce case, it generally encourages settlements whenever possible because they allow both parties greater control over the outcome. Some settlement options include:

• Negotiations between spouses (directly)

• Using a mediator to assist in negotiations

• Having attorneys negotiate on behalf of the spouses

If an agreement is reached, the terms will be set forth in a written Settlement Agreement and submitted to the court for approval. The Settlement Agreement becomes part of the Final Judgment and Decree of Divorce.

If spouses are unable to reach an agreement using one of the above methods, then the case will proceed to trial. A judge will make the final decisions regarding the outstanding issues in the case. During the trial, each party will present its case to the judge through:

• Evidence and testimony

• Proposed findings and judgments

After reviewing all of the evidence and arguments presented during the trial, the judge will issue a Final Judgment and Decree of Divorce, which will legally conclude the case.

Judgment, Waiting Periods, and Finalization

In South Dakota, there is a mandatory 60-day waiting period before a divorce becomes final. As outlined in South Dakota Codified Laws § 25-4-34, a divorce case may not be scheduled for hearing, trial, or decision by the court until at least 60 days have elapsed from the date both spouses were served with the summons and complaint.

Although some states have imposed a required waiting period before a couple can remarry after a divorce, South Dakota Statutes do not include a statutory waiting period for applicants to remarry. After the court enters the Final Judgment, the parties to the divorce will be free to marry again.

Child Custody and Child Support in South Dakota Divorces

In making custody decisions in South Dakota Courts, the “best interest of the child” is the standard. The court considers the unique factors of each family to determine which arrangement best serves the child's physical, emotional, and educational needs. These factors include:

• The child's relationship with both parents

• The parents' capacity to provide a stable environment for the child

• How well the child has adjusted to the new home and school environment

• Depending on the child's age and maturity level, the child's preferences

Legal Custody vs. Physical Custody

Custody of children in South Dakota is normally separated into two types of custodial rights:

• Legal Custody refers to who will make the majority of important decisions for the child's life. Examples include educational choices, health care choices, and religious upbringing. The court can decide whether there will be joint legal custody, in which the parties jointly make decisions regarding the child, or sole legal custody, with one party as the sole decision-maker.

• Physical Custody determines where the child will live on a day-to-day basis and what schedule the parties will follow for their time with the child. For example, one party may have primary physical custody, with the other having regular, scheduled visitation, or the parties may have equal time with the child, depending on the specific circumstances.

Child Support Guidelines and Enforcement

In South Dakota, child support is determined based on established state guidelines. The purpose of these guidelines is to help ensure that children continue to receive financial support from both parents following the dissolution of the marriage. These guidelines take into account the following:

• Each parent's income and allowable expenses.

• The amount of time each child spends with each parent

• The number of minor children involved

• Health insurance cost

• Child expenses

Child support payments are enforceable through legal means once ordered by the courts. Failure to comply with the obligation for support may subject the non-paying parent to a variety of enforcement tools, such as:

• Wage garnishment

• Tax refund interception

• Suspension of driver's or professional licenses

• Contempt of court proceedings

Property, Debt, and Alimony in South Dakota Divorces

Key parts of a South Dakota divorce involve dividing property, splitting up debts, and determining how much money will go to a former spouse for support.

South Dakota uses the principle of “equitable distribution,” which means that in a divorce, marital property will be split fairly but not necessarily equally. Marital property can be further divided into two categories based on whether it was acquired before or after marriage.

• Marital Property: Any assets or income earned by either spouse while they were married. Examples include: houses or land owned jointly, joint bank accounts, retirement accounts, cars, jewelry, and any other items you both use. Marital property is subject to division by the court under state law.

• Separate Property: Any assets that either party had before getting married or that were inherited or received as a gift specifically for one spouse. Separate property is generally awarded back to the original owner and, therefore, is not subject to being divided.

Similar to assets, the court will evaluate debts as well. In determining who is responsible for paying the debt, the court will examine whether the debt was jointly incurred, whether it benefited the marriage, and whether each spouse has the financial ability to make payments on the debt.

Typical types of debts include mortgage, credit card debt, auto loans, and student loans. The objective of this evaluation is to fairly apportion responsibility for paying the debt so that the obligation will be manageable for both spouses.

Alimony, or spousal support, is given to a person who requires some type of economic assistance following the dissolution of a marriage. In South Dakota, the court may award different forms of alimony.

• Temporary Alimony: Temporary alimony is provided for a set period until a final judgment is reached. It is usually intended to maintain the lower-earning spouse's standard of living.

• Rehabilitative Alimony: Rehabilitative alimony is designed to provide the recipient spouse with the opportunity to obtain financial independence through education, job training, or job placement.

• Permanent Alimony: Permanent alimony is very rarely granted; it is provided to an eligible party in a long-term marriage only when the court determines that the party could never be self-sufficient.

Errors, Omissions, and Corrections in South Dakota Divorce Records

Inaccurate information in South Dakota divorce records must be corrected. Common mistakes on divorce records include misspellings of either spouse's name, incorrect dates, omissions or errors in other personal information, and clerical or typographic errors. Errors in South Dakota divorce records may cause problems with legal, financial, or identification processes. Therefore, they should be addressed immediately.

Divorce records in South Dakota are created in court. Therefore, all corrections will need to be made at the Circuit Court that created the original divorce decree. To start the process, you should file a Motion with the courts to correct the error and provide documents that support the correct information. The judge may enter an order correcting clerical errors or may require a formal modification proceeding for substantial changes to the decree.

The corrected document becomes part of the official court file. You may obtain a certified copy of this corrected document from the Clerk of Circuit Court. In addition, you may submit the court order to the South Dakota Department of Health to update your divorce certificate.

How to Access South Dakota Divorce Records

Online

• Divorce Certificate: Order the document from VitalChek, the only vendor approved by the South Dakota Department of Health to take orders by mail/phone for divorce certificates.

• Divorce Decree: The full divorce decree is not available online; very little divorce-related data is available on South Dakota's court websites.

In Person

• Divorce Certificate: Visit the Vital Records office located at 221 W. Capitol Avenue in Pierre to obtain copies of divorce records in person.

• Divorce Decree: To receive a copy of your divorce decree, you need to visit the Clerk of Court in the County where you filed for divorce.

You will be required to fill out and sign a Vital Record Request form, pay the fees, and provide valid photo identification.

By Mail

• Divorce Certificate: Fill out the application, include a legible photocopy of your photo ID, the fees, and a self-addressed stamped envelope with postage to the South Dakota Department of Health, Vital Records, 221 W. Capitol Avenue, Pierre, S.D. 57501.

• Divorce Decree: Send the completed application, payment, and a self-addressed stamped envelope to the Clerk of Court in the county where the divorce was finalized.

South Dakota Courthouses That Handle Divorces

It is helpful to know how to begin a divorce action in a South Dakota court, which court has jurisdiction over a divorce case, and which office can provide access to South Dakota divorce records.

Court Authority for South Dakota Divorce Cases

All divorce actions are heard in South Dakota Circuit Courts (the state's trial courts), which have exclusive jurisdiction over family law matters. The Circuit Court hears petitions for divorce, makes decisions on divorce, and maintains the official divorce decree. A divorce is only valid in South Dakota if it was initiated and decided in a Circuit Court.

County-Based Filings

A divorce must be filed in the county in which one of the spouses resides. Because each Circuit Court keeps its own case files, you must determine the county in which your divorce was finalized in order to locate the proper courthouse.

Although divorce actions are initiated and concluded in Circuit Courts at the county level, divorce certificates are usually issued by the South Dakota Department of Health. Below are locations for finding final divorce decrees for some of South Dakota's counties:

• Minnehaha County: Minnehaha County Circuit Court

• Pennington County: Pennington County Circuit Court

• Lincoln County: Lincoln County Circuit Court

• Brown County: Brown County Circuit Court

• Lawrence County: Lawrence County Circuit Court

Jurisdiction Basics

Only the Circuit Court has jurisdiction over all divorce issues in South Dakota, including child custody, child support, property division, and spousal support. No other courts in the state, including Magistrate Courts and Municipal Courts, have the authority to grant divorces or enter a divorce decree.

Examples of South Dakota Circuit Courts

There are only 7 Circuit Courts in South Dakota. Each of South Dakota's 66 counties is served by a Circuit Court within the state's Unified Judicial System, which handles divorces. Here are the Circuit Courts in the state:

• Minnehaha County Circuit Court (First Judicial Circuit, South Dakota)

• Pennington County Circuit Court (Seventh Judicial Circuit, South Dakota)

• Codington County Circuit Court (Third Judicial Circuit, South Dakota)

• Brookings County Circuit Court (Second Judicial Circuit, South Dakota)

• Yankton County Circuit Court (Second Judicial Circuit, South Dakota)

• Meade County Circuit Court (Seventh Judicial Circuit, South Dakota)

• Beadle County Circuit Court (Fourth Judicial Circuit, South Dakota)

The Role of the Circuit Court Clerk

The Circuit Court Clerks perform the following key functions in South Dakota divorce proceedings

• Maintaining divorce record files for the county

• Issuing certified copies of the Divorce Decree issued by the Circuit Court of that County

• Assisting parties with the procedure for filing a divorce action

• Providing assistance and guidance in making amendments/corrections to divorce records

• As the official point of contact for all correspondence, document requests, and other matters related to divorce case documents

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