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In order to file for divorce in South Dakota you must claim that one of seven grounds applies to your case. The seven grounds for divorce in South Dakota are adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, your spouse was convicted of a felony, and irreconcilable differences.

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In South Dakota, irreconcilable differences is the “no fault” reason for divorce. Irreconcilable differences means the parties agree that there are substantial reasons for not continuing the marriage and the marriage should be dissolved. As a rule, both you and your spouse must agree to use irreconcilable differences as the reason for the divorce. In other words, if your spouse doesn’t agree that you have irreconcilable differences, then the case becomes a contested divorce and you must file based on one of the other grounds for divorce.

Example of a South Dakota Divorce Paper

South Dakota Divorce Papers

Additional forms as well as those listed below can be found online at the South Dakota Legal Self-Help website.

Without Minor Children

To file for divorce without minor children in South Dakota, you will need the following South Dakota divorce papers. You may not need all of the forms.

South Dakota Divorce Without Minor Children General Directions

South Dakota Divorce Complaint Without Minor Children

South Dakota Civil Case Filing

South Dakota Notice and Admission of Service of Summons and Complaint Without Children

South Dakota Financial Affidavit With Instructions

South Dakota Stipulation and Settlement Agreement Without Children

South Dakota Stipulation and Settlement Agreement Without Children Instructions

South Dakota Affidavit of Plaintiff and Defendant Without Children

South Dakota Judgment and Decree of Divorce Without Minor Children

South Dakota Divorce Papers

With Minor Children

To file for divorce with minor children in South Dakota, you will need the following South Dakota divorce papers. You may not need all of the forms.

South Dakota Divorce With Minor Children General Instructions

South Dakota Parenting Guidelines

South Dakota Civil Case Filing

South Dakota Summons Divorce With Minor Children

South Dakota Divorce Complaint With Minor Children

South Dakota DIvorce Complaint Without Minor Children

South Dakota Admission of Service of Summons

South Dakota Notice and Admission of Service of Summons & Complaint Without Children

South Dakota Financial Affidavit With Minor Children

South Dakota Stipulation and Settlement Agreement With Minor Children

South Dakota Stipulation and Settlement Agreement Without Minor Children

South Dakota Divorce Motion For Hearing