How are Divorce Records Generated in South Dakota?

Divorce, also known as dissolution of marriage, is a legal action that dissolves a marriage in South Dakota. According to the United States Census Bureau, the state's divorce rate is 12.1, much higher than the national average.

Under state law, South Dakota has nine grounds for divorce: adultery or cheating, extreme cruelty such as injury or mental suffering, willful desertion, willful neglect, habitual intemperance, if one spouse is convicted of a felony, chronic mental illness, or irreconcilable differences, as long as both parties agree.

There are also multiple types of divorce in South Dakota, the main ones being default, stipulation, and contested. There is also separate maintenance and annulment. Default divorce occurs when one party files for divorce in South Dakota and the other party fails to respond or contest any agreements within the petition, such as alimony, property allocation, and child custody. This type of divorce is granted on one spouse's testimony alone. A stipulation allows both parties to collaborate and come to mutual agreements.

Both parties agree on the terms and sign a "stipulation" document. This case will be handled similarly to a default divorce, with the document being enough grounds for a judge to grant a divorce without further hearings. It's also possible to petition for divorce by stipulation without both parties appearing before a judge, as long as both parties consent to this and agree that the grounds for divorce are irreconcilable differences.

Contested divorce is complex; the finalization process may take longer than others. This process begins when one spouse files for divorce, but disputes or disagreements exist regarding the divorce terms. In this case, a trial is held, and a judge will make decisions about the terms of divorce based on evidence and testimony from both parties and/or witnesses.

In the state of South Dakota, there is no legal separation, but there is a procedure called separate maintenance. The process is similar to a divorce, as one or both parties must file for it, but the marriage is not dissolved, and the case is not taken to court. If, after separate maintenance is achieved, one or both parties wish to dissolve the marriage, they must go through the process again to achieve legal divorce.

Annulment is another option that may often be confused with divorce. A marriage is annulled when it is found to have been void from the beginning. It is finalized as if the marriage had never happened. Grounds for annulment include proof that one or both parties were of unsound mind, forced, physically incapacitated, or fraudulent when the marriage occurred.

Are Divorce Records Public in South Dakota?

Availability of divorce records in South Dakota varies depending on the type of record requesting parties are attempting to access and who the requesting parties are in relation to the divorce. South Dakota Public Records Law 1–27 mandates that information contained in divorce records that includes personal information about minors, victims of abuse, and financial or poverty information be redacted or sealed. If the record is partially redacted, members of the public should be able to access and view it, although the personal nature of the records themselves may make this problematic.

What are the types of Divorce Records Available in South Dakota?

The availability and function of divorce records in South Dakota depend on the type of document requested and who asks for them. There are three ways that a divorce is recorded, and it is essential/ for requesting parties to know the differences between them to fulfill their needs and save time and money. Government bodies document divorce records in three ways: divorce certificates, divorce decrees, and complete divorce records. A certificate is a vital record stating that a divorce occurred. It includes the names of both parties and the date, time, and location at which the divorce took place.

Certified copies of these records are typically only available to involved parties such as the two divorcees, their children, and any attorneys involved. They are usually requested if one of the divorced parties wishes to change their name or obtain a new marriage license. A divorce decree contains more information than a divorce certificate. It includes the judge's overall decisions and terms of the divorce, as well as a case number and signature. The agreements listed in this document include, but are not limited to, alimony agreements, child custody agreements, spousal and child support, visitation schedules, and allocation of debt and property.

This document is most often requested when one of the parties wishes to challenge any agreements held within it. They are held and maintained by circuit court clerks and, similar to divorce certificates, are generally only available to involved parties. A divorce record is a full court record documenting a divorce case. It contains all the above information, transcripts, and testimonies created during the divorce process. They are generally considered public but may still be sealed under the order of a court rule or statute. They are maintained by the court clerk in the courthouse where the divorce was finalized.

How Do I Get Divorce Records in South Dakota?

In South Dakota, the circuit county clerks hold and maintain divorce records. To access divorce records, it is necessary to figure out where the divorce was finalized and visit or contact that courthouse. This could be done using the South Dakota Court Finder Search tool on the South Dakota Judicial System website. Information about the divorce is required to make a request, such as the case number, the names of both parties involved, case status, and the approximate date the case was filed or finalized. Many South Dakota courthouses have terminals to access and view public records. If one needs to not only view a record but also obtain a copy, it is necessary to request the court clerk's office. The requests require searching and copying fees, and the requesting parties must provide copies of valid identification. If a record is requested but cannot be found due to the record being sealed by the court, there are no refunds.

You can request your divorce certificate through the Office of Vital Records of the South Dakota Department of Health and county Register of Deeds Offices, either in person or by mail.

In-person

To request copies of a divorce certificate in person, visit any Vital Records of the register of Deeds office and provide valid identification, such as a driver's license, state I.D., or passport. To save time, it is recommended that you download and print a vital records application form. Fill out this form completely, and pay the necessary fee of $15 per copy. This is payable in person by cash, money order, or check, and visit:

South Dakota Department of Public Health
Vital Records
207 E Missouri Avenue, Suite 1A
Pierre, SD 57501

It is also possible to visit other offices to access this document.

By mail

To request this document by mail, similarly, find and print out the application form found on the South Dakota Judicial System website. Once it is filled out, it must be signed in the presence of a notary public and sent by mail, along with the necessary fees, to:

South Dakota Department of Public Health
Vital Records
207 E Missouri Avenue, Suite 1A
Pierre, SD 57501

Checks and money orders are the only accepted forms of payment for requests made by mail.

Who Can Obtain Divorce Records in South Dakota?

Members of the public may access divorce records in South Dakota as long as the court has not sealed them. Only the parties involved in a divorce may access divorce certificates and divorce decrees.

Are South Dakota Divorce Records available online?

South Dakota does not have a statewide portal for accessing divorce or other vital records. Third-party websites may be convenient sources, but their availability and accuracy are not guaranteed, as they are not government-sponsored.

How Do I Seal My Divorce Records in South Dakota?

Under South Dakota law, both parties involved in the divorce must file a petition and provide reasoning for sealing pieces of a divorce record that have not already been sealed. Ultimately, a court judge will decide whether or not to seal this document, and if it is sealed, only the parties involved may access and view it.