Getting A Divorce in South Dakota

Getting a divorce in South Dakota means you’re legally ending your marriage. Remember that divorce is a process. Also remember that a divorce is usually a marathon - not a sprint. There are procedures to follow in all divorce cases from the moment you serve the initial documents until the day you are no longer married. Divorce cases often involve complicated legal, financial, family, and personal issues.


Swier Law Firm Divorce

The legal process of getting a divorce in South Dakota requires serving your spouse with a summons and complaint. At the time of starting the divorce, the plaintiff must be a resident of South Dakota or be stationed here while a member of the armed services. The divorce may be filed in the county in which either spouse resides. The defendant has a legal right to have the case transferred to his or her county if desired. There is also a 60-day waiting period that must pass after service before the divorce will be granted. 


Swier Law Firm Mediation

In South Dakota, you may have to attend mediation if an equitable distribution of property or child custody is involved in your case. You and your spouse will then attempt to negotiate the settlement of your case at mediation. If an agreement with your spouse is not reached and litigation is the only option left, our experienced attorneys can help prepare you for your hearings and focus on the most important factors in your case.

For more about divorce in South Dakota, download The South Dakota Child Custody and Divorce Handbook™.


Brooke Swier Schloss
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Family Law and Estate Planning attorney helping families across South Dakota plan and protect their loved ones