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Updated May 2026 South Dakota

South Dakota Divorce Filing Fee (2026)

All court costs for filing divorce in South Dakota — including filing fees, service costs, and optional surcharges.

LegalCostCalculator Editorial Team Data sourced from official government websites  ·  Last reviewed:
$95
Base Filing Fee
$30
Sheriff Service
None
Children Surcharge
$125
Est. Total (with service)

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Frequently Asked Questions — South Dakota Divorce

How much does it cost to file for divorce in South Dakota?
Filing for divorce in South Dakota costs $95 for the base court filing fee. Add $30 for sheriff service of process, bringing the estimated court total to $125. This is the court cost only — attorney fees are additional and vary widely.
What is the divorce filing fee in South Dakota?
The South Dakota divorce filing fee is $95. This is a one-time fee paid to the court clerk when the petitioner files the initial divorce petition. The fee must be paid before the court will process your case.
How can I get the divorce filing fee waived in South Dakota?
To get the divorce filing fee waived in South Dakota, file an In Forma Pauperis (IFP) application with the court at the same time as your divorce petition. You must demonstrate that your household income falls below 125–200% of the federal poverty level. If you receive public benefits like Medicaid, SNAP, or SSI, you likely qualify automatically. A judge — not the clerk — must approve the waiver.
Does South Dakota require a parenting class for divorce?
No — South Dakota does not require a mandatory parenting class for all divorcing parties, though individual counties or judges may recommend one when minor children are involved.
How long does a divorce take in South Dakota?
An uncontested divorce in South Dakota where both spouses agree on all terms can be finalized in as little as 1–3 months, depending on the court's schedule and any mandatory waiting periods. A contested divorce — involving disputes over property, custody, or support — typically takes 6–18 months or longer. After filing, most states require a mandatory waiting period before a judge can sign the final decree.
Can I file for divorce online in South Dakota?
Many South Dakota courts allow you to download and print divorce forms from their websites, but in-person filing at the courthouse is still required. For uncontested divorces, online services can prepare all the paperwork you then file locally.

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