South Dakota Family Laws

You must be a South Dakota resident at the time of filing, but there is no minimum duration of residency required.

South Dakota recognizes fault grounds (adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction, chronic mental illness) and no-fault grounds (irreconcilable differences, but only by mutual agreement or default).

Courts divide all property belonging to either or both spouses based on equity and each party's financial position. South Dakota is an "all-property" state — even pre-marital and inherited assets may be subject to division.

Courts consider factors including each parent's relationship with the child, the child's needs, parental fitness, the child's adjustment to home and community, and the child's wishes if of sufficient age and maturity.

South Dakota uses an income shares model based on both parents' incomes. A statutory schedule determines the basic support obligation, which is then allocated between parents based on their proportionate income shares.

Courts may award spousal support considering the length of the marriage, each spouse's earning capacity, the standard of living during marriage, and the financial needs and obligations of each party.