In order to file for divorce in South Dakota you must claim that one of seven grounds applies to your case. The seven grounds for divorce in South Dakota are adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, your spouse was convicted of a felony, and irreconcilable differences.
In South Dakota, irreconcilable differences is the “no fault” reason for divorce. Irreconcilable differences means the parties agree that there are substantial reasons for not continuing the marriage and the marriage should be dissolved. As a rule, both you and your spouse must agree to use irreconcilable differences as the reason for the divorce. In other words, if your spouse doesn’t agree that you have irreconcilable differences, then the case becomes a contested divorce and you must file based on one of the other grounds for divorce.
To file for divorce without minor children in South Dakota, you will need the following South Dakota divorce forms. You may not need all of the forms.