What is the Waiting Period in a South Dakota Divorce?

The "waiting period" refers to the time between the start of the divorce proceedings and the court decree granting the final divorce. The waiting period in a South Dakota divorce is a minimum sixty (60) days after your spouse is served with the divorce papers.  


The waiting period starts from the date on which the divorce summons and complaint are served on the other spouse (the defendant).

The defendant spouse has thirty (30) days to respond to the divorce complaint after he or she has been served. If the parties agree and want to speed up the process, the defendant can simply waive the right to answer.

If the defendant does not agree with the claims in the divorce complaint, he or she can file an answer and/or counterclaim. In this situation, the divorce may take longer to reach its conclusion.

For more about divorce law in our state, 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