South Dakota Divorce Cost Calculator

South Dakota divorce filing fee

Filing a divorce petition in South Dakota costs $97 in every county. (source)

• Divorce filing fee (SDCL 16-2-45): $50
• Court automation surcharge (SDCL 16-2-39): $40
• Law library fee: $7

If your spouse files a response, they pay $25. (source)

The case is filed in the South Dakota Circuit Court (county clerk of courts, Unified Judicial System).

Serving divorce papers in South Dakota

Your spouse can sign the Notice and Admission of Service (UJS-317A) and Admission of Service (UJS-317B) instead of being served, which costs nothing. (form)

Service by the sheriff costs up to $50 (Statewide statutory maximum sheriff fee per person served, whether or not service is completed (SDCL 7-12-18(2)); counties may charge less). (source)

Required parenting class

In a divorce involving child custody or parenting time, both parents must complete a court-approved parenting course within 60 days of service; it can be waived or delayed only for good cause or completion of an approved course in the last five years. Set by the approved course provider; the court packet states no amount. (source)

Fee waiver in South Dakota

If you cannot afford the fees, file the Motion, Affidavit, and Order to Waive Filing Fee & Service of Process Fee (UJS-022) (UJS form UJS-022). The filer gives the judge information about their finances, and the judge decides whether to waive the filing fee and the sheriff's service fee. (source)

The court or clerk decides whether to grant it and which fees it covers; filing the form does not guarantee a waiver.

Lawyer fees in South Dakota

Clio reports an average billed family-law rate of $276 an hour in South Dakota for 2025. (source) It is an average across lawyers, not a quote. Enter a lawyer's estimated hours above to price them, or enter the rate you were quoted.

Without a lawyer, court costs in South Dakota run from about $97 on the cheapest route to $147 or more on a contested case with sheriff service.