Divorce Filing Fee in South Dakota (2026)
Filing for divorce in South Dakota costs ~$95 — the court filing fee paid to the Circuit Court when you submit the petition. Near-uniform; a name change requires four weeks of publication. It's set statewide. If you can't afford it, every court offers a fee waiver for low-income filers.
Verified July 2026 from official sources. How we verify fees.
What you'll pay in South Dakota
- Divorce filing fee: ~$95
- Court: Circuit Court
- Varies by county: No — statewide
- Fee waiver: available for low-income filers
What the fee does and doesn't cover
The filing fee only opens the case — it doesn't include attorney fees, mediation, service of process, or a parenting class where required. Near-uniform; a name change requires four weeks of publication. Changing your name back is free when you request it in the divorce itself; a separate petition costs more (see our South Dakota name change cost page).
How South Dakota compares nationally
Across the 50 states that charge for a divorce filing, the average is about $225 (median $207). At ~$95, South Dakota ranks #3 of 50 from the cheapest — below the national average.
Cheapest states
- Virginia — ~$89
- Vermont — $90 (uncontested) / $295 (contested)
- South Dakota — ~$95
Most expensive states
- California — $435
- Florida — $408
- Minnesota — ~$390
Frequently asked questions
How much does it cost to file for divorce in South Dakota?
The court filing fee is ~$95, paid to the Circuit Court. It's uniform statewide. Attorney and other costs are separate.
Can I get the South Dakota divorce filing fee waived?
Yes — if you can't afford it, you can file a fee-waiver (in forma pauperis) request with the court. Approval is based on income.
Does the divorce fee include changing my name back?
Yes — restoring a former name is free when you ask for it in the divorce petition or decree. A standalone name change filed separately costs extra.