South Dakota Divorce Records

Whether it is a contested or uncontested divorce, the legal system in South Dakota handles all kinds of divorces. You must be a resident of South Dakota or a service member stationed there at the time of filing for divorce. You have to file for divorce in the Circuit Court in the county of residence of either spouse However, you do not need to reside in South Dakota for the duration of the legal process. You can get a no-fault divorce (irreconcilable differences) or an at-fault divorce (adultery, extreme cruelty or willful desertion, felony conviction, and others) in the state.

Divorce decrees can only be requested from the Clerk of Courts in the county where the divorce was filed. They can be obtained online, by phone, in-person, by mail, or by drop-off. The state had a divorce rate of 2.3 per 1,000 people, compared to a national average of 2.4 per 1,000 people.

What are Divorce Records?

Official records of a legally recognized marriage dissolution in the state of South Dakota are called divorce records. It more precisely refers to documents from the South Dakota court system, such as divorce decrees, certificates, and court records, that are associated with a certified divorce.

South Dakota compiles divorce records for multiple purposes. The state utilizes these documents to monitor marriage and divorce patterns, while individuals use them as legal verification of marital status. These records serve as foundational evidence for matters such as property distribution, child custody, and spousal support agreements.

South Dakota's Circuit Courts generate divorce records. When a person initiates divorce proceedings, the court creates a detailed record that chronicles the entire legal process, from the initial filing to the final judgment. This decree outlines the terms of the divorce, encompassing asset division, child custody arrangements, and financial responsibilities.

The Clerk of Court's office in the county where the divorce was filed preserve copies of its divorce records. The information in these divorce records includes:

The address of the parties involved in the divorce
Grounds for the divorce
The full names of the parties involved in the divorce
The court in which the case was filed
The date when the divorce was finalized
The court-assigned number for tracking and reference
Details about the settlement, such as alimony, property division, child custody, and child support arrangements
The date on which the marriage occurred

Are Divorce Records Public in South Dakota?

South Dakota treats divorce records as public documents. This means generally anyone can access them. However, the state imposes restrictions. Only the individuals directly involved in a divorce can obtain official copies like divorce certificates and decrees.

South Dakota prioritizes privacy by redacting or sealing sensitive information within divorce records. This includes details about minors, victims of abuse, and financial matters. While the public can access partially redacted records, the missing information limits their usefulness.

Unfortunately, South Dakota doesn't offer a centralized online system for accessing divorce records. While third-party websites may provide some information, their accuracy and completeness are unreliable.

Divorce Stats and Rates in South Dakota

South Dakota experienced a relatively average divorce rate in 2022, according to the National Center for Health Statistics. The state recorded 2.3 divorces per 1,000 residents, marking its lowest point between 2017 and 2022. This represents a decline from the peak in 2017 when the divorce rate reached 2.7 per 1,000 residents.

According to the South Dakota Department of Health, Office of Health Statistics, South Dakota marriages ending in divorce typically lasted for several years. The average marriage duration in 2022 was 12 years, with half of divorces occurring after nine years or less. However, marriages ending within the first year also accounted for a portion of the total. The reasons cited for divorce primarily centered on irreconcilable differences, with few cases citing specific fault grounds - 97.4 percent were no-fault divorces and only 2.6 percent were fault-based.

Additionally, over half of the divorces in 2022 did not involve children. Specifically, 53.3% of all divorces did not involve children, that is, 1,126 divorce cases. Conversely, 46.7% involved children. In 2022, zero to four years and five to nine years were the lengths most marriages lasted with 27.1 and 26.2 percent, respectively.

Grounds for Divorce in South Dakota

According to South Dakota Codified Law 25-4, couples in South Dakota can file for divorce based on irreconcilable differences if they both agree. This means that both parties do not necessarily have to specify a tangible reason why they want to file a divorce. Additionally, South Dakota recognizes nine grounds for divorce. These include:

Adultery
Cruelty
Desertion
Neglect
Alcohol abuse
Felony conviction
Mental illness

In the state of South Dakota, there is no legal separation, but there is a procedure called separate maintenance. Separate maintenance differs from divorce in South Dakota. While it allows spouses to live apart, the marriage remains intact. To dissolve the marriage after a separation, couples must go through the divorce process. Annulment is another option, which involves declaring a marriage invalid from the beginning due to specific reasons like fraud, incapacity, or coercion.

How to File for Divorce in South Dakota

Divorces fall into two main categories: uncontested and contested. Uncontested divorces involve mutual agreement on all divorce-related matters, leading to a quicker and less expensive process. Contested divorces occur when spouses disagree on at least one issue, requiring a court to intervene.

South Dakota offers specific forms for uncontested divorces. These typically include a civil case filing statement, summons, complaint, financial affidavit, and a stipulation and settlement agreement. Couples with children may need additional forms. These documents can often be accessed online or obtained from the court Clerk.

The state also provides a simplified divorce process for qualifying couples. Both spouses must agree to the no-fault grounds and resolve all issues related to property, debt, and child custody. The couple will have to sign affidavits confirming these agreements and the residency requirement. A court hearing may still be necessary to finalize the divorce.

Initiating a divorce involves filing a Complaint for Divorce and supporting documents. For simplified divorces, a marital settlement agreement outlining the agreed-upon terms is essential. The court reviews the paperwork and may hold a brief hearing to finalize the divorce.

South Dakota Divorce Decree

South Dakota Circuit Court issues a divorce decree to finalize divorce proceedings. This legal document outlines the terms of the divorce, including property division, child custody, and spousal support. The presiding judge of the case creates the decree after reviewing all evidence and testimony.

Comprehensive details regarding the divorce, such as the division of assets and property, child custody, spousal support, alimony payments, and visitation schedules, are included in a South Dakota divorce decision. Both parties must abide by the decision, which is the ultimate ruling in the divorce case.

South Dakota divorce decrees are kept up to date by the county Clerk's Office of the case's concluded county. South Dakota requires in-person visits to obtain these decrees.

How to Find and Access South Dakota Divorce Records

South Dakota holds divorce records in its Circuit county Clerk Offices. To access these records, individuals must identify the specific county where the divorce was finalized. The South Dakota Court Finder Search tool can assist in locating the correct courthouse. Once identified, individuals can visit the courthouse to request the desired records.

To obtain a divorce record, requesters typically need information such as the case number, names of involved parties, case status, and approximate filing date. Many South Dakota courthouses offer public terminals for record viewing.

Offline Access

For official copies, individuals must submit a formal request to the Clerk's Office, accompanied by identification and applicable fees. It is important to note that sealed records are inaccessible.

To obtain a divorce certificate specifically, individuals can contact the South Dakota Department of Health's Office of Vital Records or the county Register of Deeds. Both offices allow in-person and mail-in requests. An application form, available online, must be completed and submitted with the required fee.

For in-person requests, visit a Vital Records or Register of Deeds office and present valid identification. For mail-in requests, complete the application form, have it notarized, and mail it with the fee to the South Dakota Department of Public Health.

Online Access

While South Dakota offers some online resources for public records, divorce records are primarily accessed offline. While the South Dakota Judicial System website provides tools for locating court information, it does not offer direct access to divorce records. Remember, online resources may have limitations, and direct contact with county offices is often necessary for comprehensive divorce record access.

References

Counties in South Dakota

List of Content

What are Divorce Records?
Are Divorce Records Public in South Dakota?
Divorce Stats and Rates in South Dakota
Grounds for Divorce in South Dakota
How to File for Divorce in South Dakota
1. South Dakota Divorce Decree
How to Find and Access South Dakota Divorce Records
1. Offline Access
2. Online Access