What it costs to open a divorce case with the court in South Dakota. Updated for 2026.
Last reviewed July 2026 · Confirm the exact fee with your county clerk
The $95 filing fee is the court's charge to open your case. Beyond it, budget for a few other upfront costs common to a South Dakota divorce:
Can't afford the fee? South Dakota offers a fee waiver for low-income filers — file a short financial affidavit and the court can waive the filing fee (and often service and copy fees) entirely.
The filing fee is the smallest, most predictable piece. The variable — and usually largest — cost is attorney time, which depends on whether your divorce is contested. Estimate the full picture with the South Dakota divorce cost calculator, and see how long it takes on the South Dakota divorce timeline.
The court filing fee to open a divorce case in South Dakota is $95. That's just the court's charge to start the case — it doesn't include serving your spouse (typically $40–$100), certified copies, or attorney fees.
South Dakota, like every state, lets low-income filers request a fee waiver by filing a financial affidavit with the court. If you qualify, the filing fee (and often service and copy fees) is waived entirely. Ask the clerk for the fee-waiver or "in forma pauperis" form.
Not always. The base statewide fee is $95, but individual counties can add local surcharges, so the exact amount at your courthouse may differ by a few dollars. Confirm with your county clerk of court before you file.
No. The filing fee only opens the case. Attorney fees are separate and are usually the largest cost of a divorce. See the South Dakota divorce cost calculator for realistic total ranges.