South Dakota Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file an individual Complaint for Divorce at the Circuit Court in your county. Serve the Respondent and proceed to default if no Answer is filed within 30 days.

Individual Complaint — Overview

  1. File Complaint for Divorce at Circuit Court in your county; pay $95
  2. Serve the Respondent
  3. Respondent has 30 days to file an Answer (SDCL § 15-6-12(a))
  4. If no Answer: file Motion for Default; default entered; proceed to default hearing
  5. If Respondent answers and contests: discovery, hearings, potential trial

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service. Fastest option — no sheriff or process server needed.

Option 2 — Sheriff's Service

Service by the county sheriff. Cost: ~$25–$50. Return of Service filed with Circuit Court.

Option 3 — Process Server

Private process servers. Cost: ~$50–$100.

Option 4 — Publication

If your spouse cannot be located after diligent effort:

  1. File Motion for Service by Publication with Affidavit of Due Diligence
  2. Court grants permission
  3. Publish in a South Dakota newspaper
  4. File Affidavit of Publication

After Service — 30-Day Response Deadline

The Respondent has 30 days after personal service to file an Answer (SDCL § 15-6-12(a)). If no Answer is filed, file a Motion for Default.

Default Process

  1. File Motion for Default after 30-day deadline passes
  2. Default entered against Respondent
  3. No waiting period in South Dakota
  4. Proceed to default hearing
  5. Present testimony: grounds (irreconcilable differences); marital property evidence
  6. Judge enters Decree of Divorce by default
  7. Court equitably divides marital property based on your evidence

Temporary Orders

During the case, file a Motion for Temporary Orders for:

  • Temporary alimony
  • Exclusive use of the marital home
  • Temporary custody and child support (if children)
  • Injunction against dissipation of marital assets

Last reviewed: March 2026 | Individual Complaint + service | 30-day response deadline (SDCL § 15-6-12(a)) | Default after no Answer | No waiting period | Equitable distribution | Temporary orders available | Circuit Court — county of domicile | ujs.sd.gov/self_help/family.aspx | eastriverlegalservices.org

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Written by the SoLongSoulmate.com Editorial Team

Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.