South Dakota Divorce Waiting Period: The 60-Day Rule Explained

60 Days From Service — Not From Filing

Under SDCL § 25-4-34, every divorce in South Dakota carries a mandatory 60-day waiting period. No exceptions. The court cannot waive it, shorten it, or grant an emergency bypass regardless of how urgent your situation feels or how completely you and your spouse agree.

The critical detail most people miss: the 60 days are counted starting the day after your spouse is formally served with the Summons and Complaint — not from the day you file your paperwork with the Clerk of Courts. If you file on June 1 but don't successfully serve your spouse until June 15, the 60-day waiting period ends on August 14, and the earliest the decree can be signed is August 15 (day 61 after service).

This means every day you delay on service extends your total timeline by the same amount.

The Realistic Timeline

The 60-day waiting period is the absolute minimum. Here's what the actual timeline looks like depending on your situation:

Uncontested (stipulated) divorce: 60 to 90 days total. Both spouses agree on all terms, sign the Stipulation and Settlement Agreement, and submit the finalization packet after the waiting period expires. No court hearing required — the judge reviews and signs the decree on paperwork alone.

Default divorce: 60 to 75 days total. Your spouse was served but didn't file an Answer within 30 days. After the 60-day waiting period, you file the default packet and attend a brief hearing where the judge confirms jurisdiction and reviews your proposed decree.

Contested divorce: 6 to 18+ months. Your spouse filed an Answer disagreeing on terms — property division, custody, support. The case goes through discovery, mandatory mediation, and potentially a full trial. Costs typically run $10,000 to $50,000 in legal and expert fees.

What You Can Do During the 60 Days

The waiting period isn't dead time. Several important things happen — or need to happen — during this window:

Complete the parenting education course. If your case involves minor children, both parents must finish a court-approved parenting class and obtain certificates of completion within 60 days of service. File the certificates with the Clerk of Courts before the judge signs the final decree. Course costs range from $20 to $75.

Exchange financial affidavits. Both spouses complete the Financial Statement / Affidavit (UJS-023) disclosing all income, assets, debts, and expenses.

Negotiate the settlement. If you're on the uncontested track, use this time to work out the terms of your Stipulation and Settlement Agreement (UJS-324 or UJS-325).

Attend temporary hearings. Either spouse can request temporary orders for child custody, child support, or spousal maintenance while the divorce is pending.

Comply with the ATRO. The Automatic Temporary Restraining Order under SDCL § 25-4-33.1 is in effect during this entire period. Neither spouse can transfer, encumber, hide, or dispose of marital assets without the other spouse's written consent or a court order, except as necessary in the usual course of business or for standard necessities of life. Neither can change insurance policies unless the change increases benefits, relocate children out of state without written consent or a court order, or harass the other party.

What You Cannot Do

You cannot have the final decree signed before the waiting period expires. Even if everything is signed, notarized, and ready to go on day 30, finalization must wait until day 61.

You also cannot count days from a mailed service attempt that wasn't acknowledged. If you sent documents by mail and your spouse hasn't returned a signed Admission of Service (UJS-315 or UJS-317) within 20 days, you don't have valid service yet. The 60-day clock hasn't started.

Planning Around the Wait

The most efficient approach is to treat the 60-day period as your working window rather than a delay. File your paperwork, serve your spouse on the same day if possible, and immediately start on the parenting course, financial affidavits, and settlement negotiations. If everything runs in parallel, you can submit your finalization packet the day after the waiting period expires.

The South Dakota Divorce Filing Process Guide includes a 60-Day Waiting Period Tracker — a day-by-day grid that maps your service date to your earliest finalization date, with deadlines for the parenting course and defendant's response window overlaid.

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