Real numbers for South Dakota — filing fees, attorney rates, contested vs. uncontested costs, county breakdowns, and what you can do to reduce your total.
✓ Filing fee and waiting period verified against current state statutes · Updated August 2026
The paperwork and terminology differ from state to state, but a South Dakota divorce generally moves through the same five stages:
This is a general roadmap, not legal advice specific to your case — your county's self-help center or a licensed South Dakota family law attorney can walk you through the exact forms you'll need.
Enter your specific situation — children, assets, contested issues — and get a real cost breakdown in 60 seconds. Free, private, no login.
Calculate My South Dakota Divorce Cost →The cost of divorce in South Dakota ranges from roughly $2,220 for a simple uncontested case to $24,800 or more for a contested divorce that goes to trial. The single biggest factor is not the state — it is how much you and your spouse disagree.
South Dakota has a 60-day waiting period and among the lowest filing fees and attorney rates in the US.
| Divorce Type | Low Estimate | Typical | High Estimate |
|---|---|---|---|
| Uncontested, no children | $95 | $650 | $3,700 |
| Uncontested with children | $2,220 | $3,700 | $5,550 |
| Contested, no trial | $8,525 | $15,500 | $24,800 |
| Contested, goes to trial | $24,800 | $29,450 | $50,000+ |
| Savings going uncontested | Up to $11,800 per spouse | ||
The court filing fee in South Dakota is paid when you submit your divorce petition to the court. This is a fixed, unavoidable cost regardless of whether your divorce is contested or uncontested.
Filing fee note: $95 statewide — third lowest in US
| Minnehaha County (Sioux Falls) | $95 |
| Pennington County (Rapid City) | $95 |
| Brown County (Aberdeen) | $92 |
Divorce attorney hourly rates in South Dakota average $185 per hour.
A Sioux Falls couple with no children going through an uncontested divorce would spend $95 in filing fees and $700–$2,000 in attorney costs — total around $800–$2,200. Among the most affordable divorce processes in the US.
How much does a divorce cost in South Dakota?
An uncontested divorce in South Dakota typically costs $3,700–$5,550 including the $95 filing fee. A contested divorce averages $15,500–$24,800 per spouse depending on attorney hours and complexity.
What is the filing fee for divorce in South Dakota?
South Dakota's divorce filing fee is approximately $95 — one of the lowest in the US.
Does South Dakota have a waiting period for divorce?
No. South Dakota has no mandatory waiting period.
How is property divided in South Dakota?
South Dakota uses equitable distribution. Courts divide marital property fairly based on each spouse's contributions and financial circumstances.
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Open South Dakota Calculator →Filing fees based on South Dakota court records as of July 2026. This is for informational purposes only and is not legal advice.