The Difference Between a Divorce and an Annulment in South Dakota

South Dakota allows couples whose marriages are recognized under its family law to seek release from a marriage contract through divorce or annulment. The South Dakota judiciary handles the filing, reviewing, and adjudication of these cases; court records are available to interested persons. 

What is a South Dakota Divorce Decree?

A divorce decree is a court declaration that dissolves a marriage, removes the bonds of matrimony, and restores the divorcees to the status ascribed to unmarried residents (S. D. Cod. Laws § 25–4–1).

Family court documents generally include marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records carefully to make changes in the future. The personal nature of these records results in both being considerably more difficult to find and obtain when compared to other types of public records. These records are often unavailable through government sources or third-party public record websites.

What is an Annulment in South Dakota?

An annulment is a judicial order that invalidates a marriage contract. The order takes effect from the date of solemnization of the marriage, once the court of competent jurisdiction finds that the marriage is void or voidable. Per S. D. Cod. Laws. § 25–3 and S. D. Cod. Laws. § 25–1, such annulable marriages include the following:

• Where either spouse is still legally married to another party;
• Where either spouse is of unsound mind
• Marriage of underage persons
• Marriage solemnized via fraud
• Where either party is physically incapable of marriage
• Incestuous marriages and marriage with a relative
• Bigamous marriages

Records on divorce and annulment are generally available to public requesters unless the parties involved, the court, or a statute makes provisions to sequester the records from unauthorized access. This restriction typically applies to documents containing information on minors and information potentially injurious to the litigants' physical, social, or financial security.  

Annulment vs. Divorce in South Dakota

Divorce and annulment remove the bonds of matrimony and restore the parties to unmarried citizens. Nonetheless, a divorce is very different from an annulment. First, a divorce holds that a marriage contract, and the actions undertaken under the agreement, are valid pending the decree. Conversely, an annulment means that a marriage never existed, and the declaration rescinds all actions taken per the marriage contract, although the children are legitimate. Furthermore, a divorce action may begin anytime the parties become incompatible or seek dissolution based on misconduct. Conversely, there is typically a time limitation on several grounds of annulment. For instance, the time for annulling the marriage of an underage person is four years post-maturity. The same period applies to forced consent and fraud as grounds for annulment.

Is an Annulment Cheaper Than Divorce in South Dakota?

No, an annulment typically costs more than an uncontested divorce in South Dakota due to the added expenses of court, attorney, and professional fees. The latter makes annulment expensive. The petitioner must provide the results of admissible medicolegal evidence, or hire an investigator to conduct background checks, find witnesses, and obtain other relevant/admissible evidence.

What is an Uncontested Divorce in South Dakota?

An uncontested divorce is one where both parties facilitate the amicable dissolution of the marriage contract and other relevant matters during a divorce proceeding. Generally, the process eliminates the need for a court trial, cuts down on professional fees, and cushions the emotional aftermath of divorce compared to a contested divorce. Besides, an uncontested divorce may also refer to a divorce where the respondent does not appear or respond to a divorce petition. S. D. Cod. Laws. § 25–4–17.4 authorizes the court to grant a divorce order in this case. Meanwhile, the parties are expected to prepare a divorce agreement describing the division of marital estates, debt, and alimony. It usually also makes provisions for child custody and child support. 

Where to Get an Uncontested Divorce Form in South Dakota

The clerk of the family division of the circuit court provides the forms used in uncontested divorces. The intending divorcee may also download, complete, and file the divorce forms available on the court forms webpage. Furthermore, self-represented litigants may consult the guide and file page for instructions on how to complete an uncontested divorce. However, before initiating a divorce action, the intending divorcee or the respondent is required to meet the South Dakota residency requirement (S. D. Cod. Laws. § 25–4–30).. Divorce court records are available for public perusal at the court or by mail request for the court records of interest, unless the court or statute restricts the disclosure.

Records that are considered public may also be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

How Do I Get a Copy of My Divorce Decree in South Dakota?

Copies of divorce decrees are available at the clerk of court's office. Using the South Dakota court directory, locate the circuit court that handled the case and visit the office of the clerk in person and during business hours.  

Requesters may also mail a written request for a copy of the decree to the court. The request should contain payment for associated fees and a government-issued photo ID. The administrative staff will also require details such as the case number, the divorcees' names, and the adjudication date to retrieve the divorce decree.

Divorce and marriage records may be available through government sources and organizations, though their availability is not guaranteed. Similarly, their availability through third-party websites and companies is not guaranteed, as these organizations are not government-sponsored, and record availability may vary. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Bearing these factors in mind, record availability for these types of records is not guaranteed.

How Do I Get a South Dakota Divorce Decree Online?

At present, the judiciary does not process online service requests for copies of divorce decrees. To get a divorce decree in South Dakota, the requester may visit the specific court that handled the case in person.