Contested vs Uncontested Divorce in South Dakota

Three Paths, Not Two

People usually frame divorce as contested or uncontested. South Dakota actually has three distinct procedural tracks, and understanding which one your case is on — or might shift to — determines your timeline, costs, and whether you can handle things without a lawyer.

Stipulated (uncontested): Both spouses agree on every term — property division, debt allocation, and custody and support if children are involved. The case is finalized entirely on paperwork. No court hearing. Total timeline: 60 to 90 days. Out-of-pocket costs: around $97 for the filing fee, plus $20 to $75 for a parenting course if children are involved.

Default: The defendant was properly served but never filed an Answer within the 30-day response window. The plaintiff proceeds alone, filing a default packet and attending a brief hearing. Timeline: 60 to 75 days. Costs: $97 filing fee plus sheriff or process server fees if needed ($50 to $75).

Contested: The defendant filed an Answer disagreeing on at least one substantive issue. The case enters formal litigation — discovery, mandatory mediation, potentially a full trial. Timeline: 6 to 18+ months. Costs: $10,000 to $50,000 or more in attorney and expert fees.

What Turns Uncontested Into Contested

A case becomes contested the moment the defendant files an Answer with the Clerk of Courts objecting to any terms. The most common disputes involve:

Property division. South Dakota is an all-property state under SDCL § 25-4-44, meaning the court can divide everything owned by either spouse — including property acquired before the marriage, inheritances, and gifts. When spouses disagree about what's equitable, a judge decides using seven statutory factors: marriage duration, asset valuation, health, age, earning capacity, contributions (including homemaking), and future income-producing capacity of the assets.

Custody and parenting time. Disagreements about physical custody, legal decision-making authority, or parenting schedules trigger contested proceedings with potentially extensive evaluation and testimony.

No-fault consent. Under SDCL § 25-4-17.2, a no-fault divorce based on irreconcilable differences requires both spouses' written consent. If the defendant files an Answer specifically refusing to consent to the no-fault grounds, the plaintiff must either negotiate consent or prove one of six fault-based grounds (adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, or felony conviction) at trial.

Can a Contested Case Become Uncontested?

Yes, and it happens regularly. Mediation is the primary mechanism. South Dakota courts often require mediation before a contested case proceeds to trial, and many cases settle during the mediation process. When both parties reach agreement on all terms, the case converts back to the stipulated track — they sign the Stipulation and Settlement Agreement (UJS-324 or UJS-325) and submit it for the judge's approval without a trial.

The financial incentive to settle is significant. A contested trial requires attorneys on both sides ($250 to $400 per hour is standard for South Dakota family law), plus potential costs for business valuators, real estate appraisers, custody evaluators, and forensic accountants.

DIY Feasibility by Track

The stipulated track is highly DIY-friendly. The UJS provides all the forms, and the entire case resolves on paperwork without a court appearance. Most self-represented filers handle stipulated divorces without difficulty when both parties are cooperative.

Default cases are also manageable for self-represented filers. The paperwork is standardized, and the required hearing is brief — you confirm residency, proper service, and the terms of your proposed decree.

Contested cases are not DIY-friendly. The procedural rules for discovery, motion practice, evidence presentation, and trial preparation are complex. A self-represented litigant in a contested divorce risks unfavorable outcomes on property division and custody that can't be easily undone.

The realistic self-assessment: if you and your spouse can agree on all terms, or if your spouse is unlikely to respond at all, the filing process is something you can handle with the right guide. If substantive disagreements exist and your spouse has hired a lawyer, you likely need one too.

The South Dakota Divorce Filing Process Guide covers the stipulated and default tracks in detail — the two paths where self-representation is practical.

See more South Dakota guides →