South Dakota Divorce Online - Cheap SD Divorce Papers (24/7)

How to get an online divorce

Step1

Check If You Qualify

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Step2

Complete Questionnaire

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Step3

Review Completed Forms

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Step4

File for Divorce

Disclaimer: OnlineDivorce is not a law firm and its services, website, forms or templates are not a substitute for the advice or services of an attorney. OnlineDivorce provides access to computer-aided self-help services at your specific direction. OnlineDivorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. OnlineDivorce does not sell blank forms. You may be able to download blank forms from a government website depending on your state.

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Online Divorce in South Dakota

divorce in South Dakota

For those seeking an inexpensive divorce in the state of South Dakota, online divorce is an easy, affordable, and fast solution to prepare legal forms. Online divorce may be appropriate for couples who have an uncontested case.

The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy for you. We help prepare all of the necessary divorce forms and provide detailed written instructions on filing your divorce in South Dakota.

Our divorce documents preparation service can be a perfect solution for those who want to complete their divorce papers quickly and without stress. Even though South Dakota has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out, and why should you spend money on lawyers? Online divorce is often cheaper, quicker, and easier.

Online divorce can be a perfect option if you want to save money or hope to have your divorce finalized quickly to get on with your life. Preparing documents for divorce online in South Dakota is fast becoming very popular because you can complete the documents in the comfort of your home.

So even if you think your case is too complex because you have children, own your own home, or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

The process at OnlineDivorce.com is 100% secure. We protect your information, and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in South Dakota with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, after getting the other spouse’s signature, the divorce forms may be filed at the local court.

In South Dakota, you will typically file with the courthouse in the county where you currently reside. If a petitioner is not currently a resident but a defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide, along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make minor adjustments to your forms as requested by the court at no additional charge.

Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency before filing for divorce. South Dakota is no exception.

To file for divorce in South Dakota, one of the spouses must live in the state for at least one day or serve in the armed forces in the state. Subsequently, the plaintiff need not maintain that residence or military presence to be entitled to the entry of a decree or judgment of divorce or separate maintenance.

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and current South Dakota driver’s license, ID card, or voter’s registration card. If this is not the case, it may be possible to establish residency by having someone who knows you or your spouse testify that you have lived in the state. Additionally, it may be possible to use an Affidavit of Corroborating Witness form to serve as proof you’ve lived in the state.

As for proving residency within a specific county, it varies from county to county in South Dakota. More information will be provided as you work through the process of filling out your questionnaire on OnlineDivorce.com.

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Check if you qualify for an online divorce in South Dakota

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Valid grounds to get divorce in South Dakota

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of South Dakota. Grounds are merely the reason for divorce, and the state must approve them.

 

Establishing grounds is an important step in filing for divorce. It should be done together, and both spouses must agree unless one spouse plans to prove otherwise in a court of law in a contested divorce.

 

The no-fault ground for divorce in South Dakota is irreconcilable differences, causing the irretrievable breakdown of the marriage with no possible chance of reconciliation.

 

Potential fault-based grounds (or reasons) for divorce in South Dakota include, but are not limited to, adultery (marital infidelity), a conviction of a felony (whether or not it leads to imprisonment), willful desertion or abandonment, and cruel or inhuman treatment.

OnlineDivorce reviews

Wesley H.

Wesley H., Missouri

I started my divorce on my own, spending loads of money on lawyer visits in the beginning. So I decided to google for other ways and using this site was so much more simple!

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James V., Texas

I had a very successful business at the time. So, making sure I had the right forms was very very important during my divorce. I was so surprised at how easy and smooth this process was.

Chloe J.

Chloe J., Florida

After years of a tumultuous marriage, I finally decided that I needed to reclaim my life. I was looking for how to go about it and came across this site and they simplified and made the process of divorce easy for me. I never thought it would’ve been possible.

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Will S., Colorado

Stress-free and easy! I was initially gonna hire a lawyer but I found online divorce the next best option. No muss, no fuss divorce. No big legal words that I’d have to have read 10 times to understand!

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Marco P., California

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Tamara B., Nevada

Because of the whole dissolution of the marriage, I was struggling with two children and just in limbo with my husband at the time because of child support and alimony. I was a stay-at-home mom for 10 years. I just want to say that this site helped me sort it out. Thank you.

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Theresa S., New York

I live in upstate NY and unfortunately one day I found myself in a situation for divorce. I was all out of whack, needed answers to take action. Enough was enough so I did it on this site. Everything was clear to understand, all forms and what to put in which box.

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Livy B., Illinois

Onlinedivorce.com is the bomb! I mean, using it was so easy to follow. So, if you find yourself in this situation do your divorce here if possible. Documents for all stages, alimony, child support and all!

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Custody of the child in South Dakota

Custody of the child

Sole or joint legal or physical child custody may be awarded at the court’s discretion based on what would be in the child’s best interests. Marital fault is not to be considered in custody decisions unless it is relevant to determining the fitness of a parent to have custody.

Neither parent is regarded as the preferred parent based on gender. The preference of the child may be considered. In joint custody decisions, the court will consider the expressed desires of the parents and the best interests of the child.

No other specified factors are included. There are numerous Child Visitation Guidelines established by the South Dakota Supreme Court which shall be used to create visitation schedules unless the parents offer a signed agreement providing otherwise. [South Dakota Codified Laws; Title 25, Chapters 25-3-11, 25-4-25, 25-4-45.1, 25-4A-12, and 25-5-7.1 to 25-5-7.3 and South Dakota Case Law]

Rules for child support in South Dakota

South Dakota’s standard child support rules and regulations will apply in almost every divorce case, barring extraordinary circumstances. Both parents’ gross incomes and some child-related expenses will be considered as child support is calculated. Child support continues until the child reaches 18 and may extend until the completion of secondary school in some cases.

Either or both parents may be required to provide child support. There is an official child support obligation schedule in the statute. A deviation from the official schedule is possible based on these considerations:

  • The financial condition of the parents that would make application of the typical schedule inequitable;
  • Any Income tax consequences;
  • Any unique or exceptional needs of the child or children;
  • Income from other persons or sources;
  • The ongoing effect of custody and visitation provisions;
  • Childcare expenses which are necessary to obtain employment, education, or training;
  • Any agreements between the parents which would provide other forms of support for the benefit of the child;
  • A voluntary reduction in income of either of the parents; and
  • Any other support obligations that one or both of the parents may have.

Support payments can be ordered to be paid through the court clerk. Wage withholding orders may also be ordered in some instances. [South Dakota Codified Laws; Title 25, Chapters 25-3-11, 25-4-38, 25-4-45 and 25-7-6.2 to 25-7-6.12.]

Uncontested South Dakota divorce with children

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Rules for spousal support in South Dakota

Rules for spousal support

Alimony, sometimes referred to as spousal support, may be ordered by the court to help a spouse live and comfortably exist in a manner established during the marriage after the divorce. The couple may decide upon assistance before filing, or the court may award it in a contested marriage dissolution case.

Either spouse can be awarded maintenance for their natural life or on a short-term basis. The only factor specified in the statute is due consideration of any circumstances of the spouses. South Dakota courts regularly have interpreted this requirement to include the following elements:

  • The length of the marriage;
  • The ability of the spouse from whom marital support is sought to meet his or her requirements while also meeting those of the spouse seeking support;
  • The financial resources of the spouse who seeks the maintenance, to include marital property which is given to such spouse and a spouse’s ability to meet needs independently;
  • The couple's standard of living during the marriage;
  • The financial resources of the spouses on a comparative basis, including their earning abilities in the labor market;
  • The ages of the two spouses;
  • The physical and emotional wellness of the spouses;
  • Any fault of the spouses leading to the divorce.

Reasonable security can be required to guarantee the payment of marital maintenance. [South Dakota Codified Laws; Title 25, Chapters 25-4-42, 25-7A-20 and South Dakota Case Law]

Property division in South Dakota

Property division

South Dakota is considered an “equitable distribution” state. All of each spouse’s property is equally divided by the court to the best possible degree. Marital fault is not considered a factor unless it is relevant to property acquired during the marriage.

The only factor specified in the statute is a consideration of the equity and any spouses’ circumstances. South Dakota courts have historically interpreted these statutes to include the following factors for their consideration:

  • The contribution that each spouse made to the acquisition of the marital property, including the contribution of each spouse as a homemaker;
  • The value of each spouse’s personal property;
  • The duration of the mar­riage;
  • The age and wellness of the spouses;
  • The current and potential earning capability of each spouse;
  • The overall value of the property; and
  • Any income-producing capacity of each of the spouse’s assets. [South Dakota Codified Laws; Title 25, Chapters 25-4-44 and 25-4-45.1 and South Dakota Case Law]

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Contested Divorce

Hourly Billing - Driving the Average Cost of Divorce to $15,000+

Contested divorces can be lengthy and costly due to spouses being unable to agree on one or more key issues, including child custody, property division, or spousal support.

  • Offline and inconvenient process in which both parties often hire attorneys to represent their interests.
  • The adversarial nature of a contested divorce can lead to heightened emotional stress and strain for both spouses and their families.
  • Absent a settlement, the final divorce judgment and terms are determined by the court, which may not fully align with the preferences of either spouse.
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The premier uncontested divorce tool

Fast, affordable, and simple process using our fully-guided divorce questionnaire and filing service.

  • Online process to be completed at your own pace, can get documents as quickly as same day.
  • Receive ready-to-file forms specific to your jurisdiction and situation.
  • Easy online access for both spouses, free revisions for 30 days, and the ability to save your data longer term. Experienced customer support via chat and phone.
  • Ancillary services to ensure optimal outcomes, including name changes, co-parenting support, and getting started with your life after divorce.
  • Detailed instructions on how to file with the court or the option to purchase our filing service.

Mediation support in South Dakota

South Dakota courts are allowed to order mediation for a custody or visitation dispute between parents. Either spouse can file a motion to mediate any disputed issues if a divorce has been filed. Before initiating divorce proceedings, the parties can choose to submit some or all of their issues for mediation so that they may proceed in court on an uncontested basis.

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. It can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in South Dakota

South Dakota forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated filling out paperwork to simplify matters and avoid any difficulties that may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify preparing divorce documents and help both parties move forward with their lives.

Divorce in South Dakota online

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Filing fees for divorce in South Dakota

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long it will take

Using the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of your case. Start by filling out the questionnaire. You can do it in one sitting or save your progress and complete it at a later date. Whatever is most convenient for you.

Once you’ve received the completed documents, you will need to file them and get your spouse’s signature. You’ll receive more information regarding the finalization of the divorce case once the paperwork has been completed and submitted to the courts.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.