Reviewed August 2026
Cost and Filing Fees in South Dakota
Filing for divorce in South Dakota circuit court costs $97.00 total. That number comes from the Unified Judicial System's official schedule of court costs. It combines three separate statutory pieces: a $50.00 civil filing fee, a $40.00 clerk of courts fee, and a $7.00 additional charge, all collected together when the case is filed. The fee is the same in every South Dakota county because a single statewide schedule sets it. A filer who cannot afford these costs can ask the court to waive them by filing a Motion to Waive Filing Fee and Service of Process Fee. Beyond the filing cost, the final price of a South Dakota divorce depends on serving the other spouse, whether the case involves minor children, and how contested the case becomes.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how cost and filing fees works under South Dakota law for people researching before they file. It is not legal advice, and Virdix does not prepare or file South Dakota paperwork. See how Virdix works for California divorces.
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Circuit court filing fee
South Dakota's Unified Judicial System schedule of court costs sets the total fee for a divorce filing at $97.00. That breaks down into a $50.00 base civil filing fee, a $40.00 clerk of courts fee, and a $7.00 additional statutory charge. One statewide schedule covers all seven judicial circuits, so the total stays the same whether the case is filed in Minnehaha County, Pennington County, or any other South Dakota county. Confirm the current total with the clerk of courts before filing, since the schedule changes periodically.
Fee waiver: Motion to Waive Filing Fee and Service of Process Fee
South Dakota's self-help center defines a Motion to Waive Filing Fee and Service of Process Fee as a request to skip the charge for filing a case or delivering legal papers. A filer who cannot afford the $97.00 filing cost, or the separate cost of serving the divorce papers on the other spouse, can submit this motion along with forms describing their financial situation, asking the court to waive both costs.
Serving the other spouse
After filing, South Dakota requires the divorce complaint and summons to be served on the other spouse, usually through a sheriff or a private process server. Both charge a fee separate from the court filing cost. As covered above, a filer who cannot afford this service fee can include it in a fee waiver request. If the other spouse voluntarily accepts service, the case avoids this cost entirely. When a spouse's location is unknown, service by publication is available, but it requires a separate court order and newspaper costs.
Cases with minor children
South Dakota's Unified Judicial System publishes separate form packets for divorces with minor children and divorces without them. That split reflects added requirements, such as a parenting plan, that apply once children are involved. Each circuit court, not one statewide fee, generally sets its own parenting class or education program requirement. Filers with minor children should check with the clerk of courts in the circuit where they are filing for current requirements and any cost attached.
What makes a South Dakota divorce cost more
The $97.00 filing fee and a basic service fee cover an uncontested case, one where both spouses agree on the terms. A contested case costs more, since it can require additional motions, discovery such as requests for financial records or depositions, mediation, appraisals of real property or a business, and multiple hearings before a circuit judge. Disputes over property division, child custody, or support are the most common reasons a South Dakota divorce ends up costing more than the base filing and service fees.
Sources: South Dakota UJS: 2027 Schedule of Court Costs (PDF), South Dakota UJS: Fees and Costs (self-help), South Dakota UJS: Divorce Information & Forms
Not independently confirmed
- Sheriff/process server service fee amount before any waiver
- Statutory citation for the fee waiver motion
- Circuit-specific parenting class requirement and cost
Cost and Filing Fees in South Dakota: frequently asked questions
How much does it cost to file for divorce in South Dakota?+
The South Dakota Unified Judicial System's schedule of court costs sets the total filing fee for a divorce at $97.00, made up of a $50.00 civil filing fee, a $40.00 clerk of courts fee, and a $7.00 additional charge. One statewide fee applies the same way in every county's circuit court.
What if I can't afford the South Dakota filing fee?+
File a Motion to Waive Filing Fee and Service of Process Fee, which asks the court to skip the charge for filing your case or delivering the papers to your spouse. South Dakota's self-help center provides the forms and process for this request.
Does South Dakota charge extra to serve my spouse with divorce papers?+
Yes. Service through a sheriff or private process server carries its own fee, separate from the $97.00 filing cost, though you can include it in a fee waiver request if you can't afford it. If your spouse voluntarily accepts service, you avoid this cost. If their location is unknown, service by publication requires a court order and separate newspaper costs.
Is a parenting class required in a South Dakota divorce with children?+
South Dakota provides separate divorce form packets for cases with and without minor children, reflecting added requirements like a parenting plan once children are involved. Each circuit court generally sets its own parenting class requirement, so check with the clerk of courts in your circuit for current requirements and cost.
Does the South Dakota filing fee include serving my spouse?+
No. The $97.00 filing fee covers filing the case with the court. Serving the divorce papers on your spouse through a sheriff or process server costs extra, though you can request to waive it together with the filing fee using the Motion to Waive Filing Fee and Service of Process Fee.
What makes a South Dakota divorce cost more than the filing fee?+
Contested cases cost more. Disputes over property division, child custody, or support can require additional motions, discovery, mediation, appraisals of property or business interests, and multiple hearings before a circuit judge. An uncontested case, where both spouses agree on the terms, generally stays close to the $97.00 filing fee and basic service costs.
This page is general information about cost and filing fees in South Dakota, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with South Dakota's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in South Dakota. Virdix does not prepare or file South Dakota divorce paperwork. It is not a substitute for an attorney licensed in South Dakota.
More South Dakota divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in South Dakota, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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