How to Prepare for Divorce in South Dakota
Preparing for divorce in South Dakota can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in South Dakota
Fault Type
Both fault and no-fault
Waiting Period
60 days minimum
Property Division
Equitable distribution
Residency Requirement
Resident at time of filing
- South Dakota allows both fault and no-fault divorce.
- South Dakota has no specific residency duration requirement.
- The 60-day waiting period begins after filing.
How to Prepare for Divorce in South Dakota
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (Resident at time of filing)
- Decide whether an attorney or mediator best fits your situation
- Research South Dakota's both fault and no-fault divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
South Dakota divides marital property equitably, considering each spouse's contributions and circumstances.
👨👩👧👦 If You Have Children
- Learn South Dakota custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
South Dakota courts prioritize the child's best interest and encourage joint custody when appropriate.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
South Dakota Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during South Dakota's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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