South Dakota Divorce Records

Divorce rates in South Dakota have steadily declined over the years, with recent data published by the CDC's National Center for Health Statistics placing the state's divorce rate at approximately 2.3 divorces per 1,000, lower than the national average of 2.4 per 1,000.

South Dakota law allows for divorces on both no-fault and fault-based grounds. No-fault divorces are granted based on irreconcilable differences, meaning that the marriage has broken down beyond repair, and neither spouse is blamed. This is considered the simplest and most common ground for divorce in the state; however, both parties have to agree to the divorce (unless there is a default). On the other hand, for fault-based divorces, one spouse is deemed responsible for the breakdown of the marriage, due to specific actions like adultery, extreme cruelty, willful desertion or neglect, habitual intemperance, or felony conviction. Note that a fault-based divorce requires the spouse filing to provide proof of the other spouse's misconduct (that led to the marriage's breakdown).

The average cost of obtaining a divorce in South Dakota is estimated to be around $8,595 per spouse, lower than the national average, which is around $9,969. However, it should be noted that the actual cost of getting divorced in the state can vary significantly, depending on individual circumstances and factors such as attorney fees, court costs, the need for mediation, whether the divorce is contested or uncontested, and the level of cooperation between the involved parties.

Are Divorce Records Public in South Dakota?

Divorce records are generally considered public records under Chapter 1-27 of the South Dakota Codified Laws (commonly referred to as the state's public records law). This means that, for the most part, interested members of the public have the right to inspect and obtain copies of these records. However, certain divorce records or sensitive information contained in the divorce record are typically exempt from disclosure and restricted from public access. These include medical information, details related to minor children (especially in cases involving abuse or neglect), social security numbers, and other sensitive financial information, and any records (or portions of the record) that have been sealed by a court order.

Access to these exempt records is usually limited to the divorcing parties themselves, their legal representatives, and other statutorily authorized entities, which may include individuals who obtain a court order authorizing their access to the record/information in question.

What Is Included in South Dakota Divorce Records?

The term "divorce record" is generally used in South Dakota to refer to different official documents created, filed, or maintained in relation to a divorce proceeding held in the state. There are three main types of divorce records in South Dakota:

• Judgments and Decrees of Divorce: commonly referred to as either a "judgment of divorce" or a "divorce decree", this is the final court order issued by the Circuit Court that legally terminates the marriage. A divorce decree outlines the specific terms of the divorce, including decisions on property division, spousal support (alimony), child custody arrangements, and child support payments. These documents are maintained by the Clerk of Court in the county where the divorce was granted.
• Divorce Case Files/Court Records: This is a comprehensive collection of all documents filed or generated during a specific divorce proceeding. This typically includes the initial summons and complaint for divorce, answers, financial affidavits, settlement agreements, temporary orders, motions, and other pleadings and court orders. These case files are also maintained by the Clerk of Court in the county where the divorce was finalized.
• Divorce Certificates: These are basic, one-page documents generated by the South Dakota Department of Health that serve as official statistical proof of a divorce. They contain fundamental information such as the names of the divorcing couple, the date the divorce was finalized, and the county where the divorce occurred.

How Do I Find South Dakota Divorce Records?

South Dakota can typically be accessed locally through the Clerk of Court or the Register of Deeds in the county where the divorce was granted. Copies of divorce records are also accessible at the state level through the South Dakota Department of Health. You may need to obtain certified copies of a South Dakota divorce record for various legal and personal reasons, such as:

• To facilitate a name change after divorce
• To provide official proof of your divorce status for remarriage, immigration, or other similar purposes
• To update your marital status with government agencies, financial institutions, or for insurance benefits
• To enforce or modify existing child support, child custody, or spousal support court orders
• For property transfers or division of assets post-divorce
• To update trusts, wills, and other estate planning documents
• To apply for certain claims or benefits that require proof of a marital status change

Look Up South Dakota Divorce Certificate

Interested parties may obtain copies of a South Dakota divorce certificate by completing and submitting a South Dakota Vital Record Request Form, either in person or via mail, to any county Register of Deeds office across the state or directly to the South Dakota Department of Health at:

Requesters will be required to provide a copy of their valid government-issued photo ID or any other acceptable means of identification, and pay a $15 fee per copy requested (additional service charges may apply).

It is important to note that certified copies of a South Dakota divorce certificate may only be obtained by specific requesters, including the individuals named on the record, their immediate family, next of kin, and authorized agents. All other requesters will be issued an "informational" copy of the record. Contact the South Dakota Department of Health's Vital Records Office at (605) 773-4961 or via email for more information.

Look Up South Dakota Divorce Decree

South Dakota divorce decrees are maintained by the Clerk of Court in the county where the divorce was finalized, and copies of these documents may be obtained by taking the following general steps:

• Identify the specific county where the divorce proceedings took place.
• Contact the Clerk of Court for that county's Circuit Court.
• Follow the clerk's specific procedure for requesting court records. This usually involves submitting a written request form (often available on the court's website or at the clerk's office). You will need to provide sufficient information to locate the record, such as the full names of the parties involved, the approximate year of the divorce, and, if known, the case number.
• Pay any applicable fees. These typically vary by county - uncertified copies are usually a few dollars per page, while certified copies (required for legal purposes) typically have a higher per-page fee, which may include a certification fee.

Look Up South Dakota Divorce Court Records

You may obtain copies of publicly accessible court records contained within a South Dakota divorce case file by contacting the Clerk of Court in the county where the divorce proceedings were held. You will typically be required to submit an official records request, provide necessary case details, and pay any applicable search and/or copy fees.

The South Dakota Unified Judicial System also offers several resources that may be used to access divorce court records online. Note that you may be required to create a user account to fully utilize some of these resources. Also, certified copies of divorce court records are not usually obtainable online and typically have to be accessed directly from the relevant Clerk of Court's office.

Can You Seal Divorce Records in South Dakota?

While divorce records in South Dakota are generally accessible to the public, the parties involved in the divorce may request to have their divorce records sealed or restricted under specific circumstances. These requests may be granted if there is a compelling reason to protect sensitive information or the welfare of the parties involved. Common justifications for sealing include safeguarding highly sensitive financial details, protecting the privacy and safety of minor children, or preventing the disclosure of information that could cause harm, such as in cases involving domestic violence or abuse.

Individuals who wish to request to have their divorce record sealed must file a motion to seal with the Circuit Court that issued the divorce. The motion should clearly state the specific reasons for the request and provide any supporting documentation or evidence. The court will review the motion, weighing the public's right to access court records against the individual's right to privacy and potential harm from disclosure, and may schedule a hearing to allow relevant parties to present arguments (either for or against the motion). However, it is important to note that the final decision to grant or deny the request for sealing it is entirely at the court's discretion. If granted, the court will issue an order specifying which parts of the record, or the entire record, are to be sealed.

How Long Does a Divorce Take in South Dakota?

Per Section 25-4-34 of the South Dakota Codified Laws, divorce cases cannot be heard or finalized in the state until at least 60 days after the divorce papers have been served. However, the court may issue temporary orders to protect either spouse or address issues like child custody, support, or property use during this waiting period.

For divorces where both spouses agree on all terms, proceedings can be finalized shortly after the 60-day waiting period. On the other hand, if spouses disagree on key issues like property division or custody, the process can usually take several months to over a year, depending on the complexity of the issues, court schedules, and the level of cooperation between both parties.

Does South Dakota Require Separation Before Divorce?

No, South Dakota does not require separation before granting a divorce, and spouses may file for divorce without needing to live apart beforehand.

How Are Assets Split in a South Dakota Divorce?

In South Dakota, assets are divided using the equitable distribution method (as stipulated by Section 25-4-44 of the South Dakota Codified Laws), meaning that property is split fairly but not necessarily equally between the divorcing couple. The courts are required to consider the equity and the circumstances of both spouses when determining the property division to ensure a fair outcome. To this end, the court will typically look at factors like each spouse's age, health, contributions to their marital assets, future earning potential, and overall, the length of the marriage when making its determinations.

It should be noted that, under state law, assets belonging to either spouse can be considered for equitable division, regardless of whose name is on the title. However, the state allows married couples to classify all or part of their assets as special spousal property by placing them into a South Dakota special spousal trust and expressly declaring this property as "community property". In these cases, both parties are deemed to have equal ownership of the property, which will typically result in an equal split of the assets during a divorce.

Who Gets Custody of a Child in Divorce in South Dakota?

Historically, South Dakota courts often ruled in favor of mothers during hearings involving child custody. This bias largely stemmed from traditional gender roles as well as legal principles like the "Tender Years Doctrine", which presumed that young children should be placed in the custody of their mother during divorce or separation cases. However, South Dakota's modern domestic relations laws (as outlined in Title 25 of the South Dakota Codified Laws) prioritize the best interests of the child, rather than gender-based assumptions concerning child custody matters.

To this end, no parent is automatically favored over the other; instead, the court considers what arrangement will best support the child's well-being based on certain guiding principles, such as each parent's fitness, stability, and overall ability to care for the child. Notwithstanding this, recent surveys show that fathers in South Dakota are likely to receive only around 23.6% parenting time post-divorce (roughly 86 days per year), less than the national average of 35% (128 days per year).

South Dakota law recognizes two main types of child custody:

• Legal Custody: This refers to each parent's legal authority to make major decisions about the child's life, including education, healthcare, and religious upbringing. Parents may share joint legal custody, giving both of them the right to make decisions about the child, or one parent may have sole legal custody, giving them this right exclusively. It should be noted that, even if both parents share joint legal custody, they do not necessarily have equal say over each decision involving the child, and the court may grant one parent "ultimate responsibility" over certain matters.
• Physical Custody: This is also referred to as "parenting time", and it deals with where the child primarily resides. Parents may have joint physical custody, where the child spends substantial (but not necessarily equal) time with both parents, or sole physical custody, where one parent is the primary caregiver (referred to as the custodial parent) while the other (the non-custodial parent) has visitation rights.