Divorce in South Dakota

The divorce rate in South Dakota is 3.3 for every1000 people, just under the national average of 3.6. The residency requirements differ from other states in that neither party needs to be a resident of South Dakota prior to filing but the person must be a resident at the time of filing and remain a resident until the divorce is finalized. In South Dakota grounds for divorce consists of adultery, neglect and, irreconcilable differences. Child custody in South Dakota is determined by the child’s wishes, custodial arrangements and any misconduct that might be detrimental to the child’s welfare.