Divorce Waiting Period in South Dakota
In South Dakota, a divorce cannot be heard or decided until 60 days after service of the summons and complaint, and irreconcilable differences is a ground with no separation period.
Last checked . General information, not legal advice.
South Dakota at a glance
- Waiting period
- 60 days after service
- Temporary orders can be issued during the waiting period.
- Separation required
- No
- Irreconcilable differences is a ground for divorce.
The rules in South Dakota
How long is the waiting period before a divorce can be finalized in South Dakota?
Waiting period in South Dakota: 60 days after service. Temporary orders can be issued during the waiting period.
Do spouses have to live apart before a no-fault divorce in South Dakota?
Separation required in South Dakota: No. Irreconcilable differences is a ground for divorce.
Where do the South Dakota divorce waiting periods come from?
The rules above come from S.D. Codified Laws 25-4-34 and S.D. Codified Laws 25-4-2. Each source is linked on this page. We last checked them in October 2026.
What this means in practice
A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.
Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.
Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
More South Dakota rules
- Age of Majority and Emancipation in South Dakota
- Child Custody Preference Age in South Dakota
- When Child Support Ends in South Dakota
- Common Law Marriage in South Dakota
- Divorce Residency Requirements in South Dakota
- Prenuptial Agreement Laws in South Dakota
- Tenant Abandoned Property Laws in South Dakota
- Adverse Possession Laws in South Dakota
- Security Deposit Laws in South Dakota
- Eviction Notice Requirements in South Dakota
- Will Requirements in South Dakota
- All South Dakota documents and rules