Filing for divorce generally includes (1) filing the necessary paperwork with the appropriate state or county court; (2) paying the filing fee; and (3) having the paperwork properly served on (handed to) your spouse—known as service of process.

This paperwork generally consists of a complaint or petition that includes the names of the spouses, the grounds for the divorce (fault or no-fault), whether there are children involved in the marriage, and whether the spouse is seeking child custody, child support, or spousal support.

A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce. Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.

Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.

In South Dakota, the process of filing for divorce involves submitting the necessary legal documents to the appropriate state or county court, which is typically where one of the spouses resides. The initial document is often referred to as a complaint or petition for divorce and it outlines the basic information about the marriage, such as the names of the spouses, the grounds for divorce (South Dakota allows for both fault and no-fault grounds), and details regarding children, custody, and financial support if applicable. To file for divorce in South Dakota, at least one spouse must have resided in the state for a minimum of 180 days prior to filing. After filing, the petitioner must ensure that the other spouse is properly served with the divorce papers, which is known as service of process. This step is crucial as it officially notifies the other spouse of the legal action and allows them to respond. Additionally, there is a filing fee that must be paid when submitting the divorce paperwork to the court. The specific statutes governing divorce in South Dakota can be found in the state's codified laws under the titles pertaining to domestic relations.