## What grounds do you need to file for divorce in South Dakota? (SDCL § 25-4-2) South Dakota allows both **no-fault** and **traditional fault-based** divorce. The vast majority of divorces use the no-fault path because it's faster, cheaper, and less contentious. ### No-fault ground Irreconcilable differences (BOTH spouses must agree). ### Fault grounds Adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of a felony, chronic mental illness. **Worth knowing about South Dakota:** Like Mississippi, SD's irreconcilable-differences ground requires mutual consent — a non-consenting spouse forces use of fault grounds. ## Why most people file no-fault Even where fault grounds exist, no-fault is usually the right choice: - **Faster** — no need to prove the other spouse did something wrong - **Cheaper** — fault cases involve more discovery, more witnesses, more legal fees - **Less contentious** — easier on kids, easier on co-parenting - **Privacy** — fault evidence (affairs, addiction) becomes part of the public record - **Outcomes are usually similar** — most modern states give little weight to fault when dividing property or awarding alimony ## When fault might still matter Even in mostly-no-fault regimes, fault can still influence: - **Alimony / spousal support** — adultery is a complete bar to alimony in NC, SC, VA, GA - **Property division** — "wasteful dissipation" of marital assets (gambling, gifts to a paramour) can result in unequal division in equitable-distribution states - **Custody** — fault that affects parenting (substance abuse, domestic violence) can change custody outcomes - **Speeding things up** — some fault grounds skip waiting periods that no-fault filings have to satisfy ## Waiting periods, separation periods, and "cooling off" Most states impose some form of waiting period before a divorce can be finalized: - **Pre-filing separation requirements** — common in NC (1 year), DC (1 year), MD (6 months), VA (1 year), SC (1 year) - **Cooling-off period after filing** — short (30-90 days) in many states; longer in others - **Mandatory parenting classes** — required in most states with minor children - **Mediation** — some states require attempted mediation before contested issues go to trial Add up filing date + waiting period + court calendar to estimate the realistic timeline. ## Bifurcated divorces In some states, you can "bifurcate" the divorce — get the marital status terminated quickly while leaving property and custody issues to be resolved later. Useful when one spouse needs to remarry, file taxes single, or get health insurance. ## Annulments Different from divorce: an **annulment** declares the marriage was never valid. Grounds typically include: - One party was already married (bigamy) - Underage at marriage without parental consent - Mental incapacity at marriage - Fraud (concealing inability to have children, prior criminal record, etc.) - Duress - Incest - Marriage not consummated Annulments are rare but useful when applicable — particularly for religious reasons or for marriages so brief they shouldn't have happened. ## What you should do Most South Dakota divorces — even contested ones — use the no-fault path. If you're considering whether to file fault, run the math: the additional cost and conflict rarely produce a better outcome unless your state ties property division or alimony to fault. A South Dakota family-law attorney can model both paths and tell you what's worth fighting over. Most offer paid initial consultations. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Divorce-grounds law has been actively reformed in many states (Maryland 2023, Illinois 2016, New York 2010). Talk to a licensed South Dakota family-law attorney about your specific situation.*