To file for divorce in South Dakota, the party filing for the divorce must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing and must remain a resident until the divorce is final.

South Dakota Divorce Filing Requirements

 The divorce may be filed for in the county where either spouse resides, but the non-filing party has the right to have the action transferred to his or her county of residence if desired.

South Dakota Divorce Grounds

The grounds for divorce in South Dakota are:

• (1) Irreconcilable differences which have caused the irretrievable breakdown of the marriage;

• (2) adultery;

• (3) confinement for incurable insanity for 5 years;

• (4) conviction of a felony;

• (5) willful desertion;

• (6) cruel and inhuman treatment;

• (7) willful neglect;

• (8) habitual intemperance (drunkenness); and

• (9) separation caused by misconduct.

Expedited South Dakota Divorce Procedure

 If both spouses consent to the use of "irreconcilable differences" as the grounds for divorce, the court may grant the divorce based entirely on affidavits of the spouses which establish the required residency and grounds for the divorce.

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