South Dakota Divorce Records: Official Certificates, Decrees, and Search Options

Divorce records are documents from government archives that contain information about marriages that are legally dissolved. These are documents that facilitate and provide proof of the end of a marital union from South Dakota's Circuit Courts and the Department of Health's Office of Vital Records. These agencies collectively maintain divorce documents such as divorce decrees and case files from the courts and divorce certificates from the Vital Records Office. Divorce records in South Dakota are maintained in line with an open records and transparency policy. They are useful for historical reference and legal research, where an appeal is scheduled, or to facilitate another divorce case with similar facts. These records are also important proof of a legally dissolved marriage for individuals who want to remarry, change their names, or update their IDs or insurance details.

The Centers for Disease Control and Prevention statistics reveal South Dakota's divorce rate in 2023 as 2.3 divorces per 1,000 persons, which was slightly lower than the national rate of 2.4 divorces per 1,000 persons in the same year. When this is compared to the state's marriage rate of 5.9 per 1,000 individuals for 2023, it shows that the divorce rate was slightly less than half of the marriage rate in South Dakota. The public's access to divorce records depends on the state's open records policy. In South Dakota, these records are generally publicly accessible, with the exception of records restricted by their nature or a court order. This means that anyone may access basic information about divorces through the court and the Vital Records Office's public archives and search platforms.

Official Types of Divorce Documentation in South Dakota

Divorce records may be obtained through the relevant agencies in different documentation forms. The Circuit Courts, where divorce cases are handled, maintain records of court proceedings and divorce decrees, while the Vital Records Office maintains the state's divorce certificates.

Divorce certificates in South Dakota are maintained and issued by the Department of Health's Office of Vital Records. This agency maintains divorce certificates for the state from 1905 to the present. This document is an official summary of divorce details, such as the names of the spouses, the date of the divorce, and the county where the divorce was finalized. It provides basic details about the divorce, which serves as official documentation for administrative purposes like name changes and remarriage. This document typically does not provide detailed information about divorces, such as details about the judgment or court information.

Divorce decrees in South Dakota are maintained and issued by the Clerk of the Circuit Court in the county where the divorce was filed and finalized. This record contains the judge's full verdict, which formally ends the marriage. It is an official court judgment that may also be used for administrative functions due to the details it contains. Such details include terms on child custody, property division, alimony, and child support. This document is called a Decree of Divorce in South Dakota, and certified copies may be used for compliance and enforcement of the terms contained in it.

Divorce case documents in South Dakota refer to the case filings that initiated and facilitated the divorce till a decree is given. These documents include the divorce petition, evidence, final orders, court orders, and motions. It is a comprehensive catalog of the divorce case from start to finish and is maintained by the Circuit Court where the divorce was finalized. Divorce case files may be accessed by the public, with sensitive information like allegations of abuse or details about minors being restricted.

Document Type	Issued By	Purpose	Contains
Divorce Certificate	South Dakota Department of Health, Office of Vital Records	Proof of a legally dissolved marriage for identification updates or administrative uses, like remarriage	Names of the spouses, certificate number, date of the divorce, and county where the divorce was finalized
Divorce Decree	County Circuit Court Clerk's Office	Provides the court's full verdict, including the post-divorce agreements and obligations	Case number, final decree, terms on child support, alimony, child custody, and property division
Divorce Case Files	County Circuit Court	Provides a complete catalog of all court documents regarding a divorce case	Motions, transcripts, evidence exhibits, and the divorce petition

Public Access and Confidentiality of South Dakota Divorce Records

Divorce records in South Dakota are generally considered public records according to the South Dakota Open Records Law. The public may approach the courts or the Department of Health to request access to divorce records. However, access to these records depends on the type of document or who the requester is. This is because there are publicly accessible records and restricted information that must be sealed to preserve privacy rights.

Basic details about the divorce may be accessed by the public. These include details like the names of the parties, the date of the divorce, the county where it was granted, the case number, and basic docket entries. These records do not contain any personally identifiable information, which may violate the parties' privacy rights. There are also sensitive details contained in divorce records that are typically sealed, even if they are among public documents. These sensitive details include:

• Financial disclosures such as debts, assets, and tax records
• Details about minors
• Medical or psychological records
• Protective orders
• Details about domestic violence allegations
• Child visitation or custody agreements

There are also records that are sealed by judicial orders at the request of either party for privacy or safety. Anyone who is qualified may approach the Circuit Court in the relevant county for divorce records, or the Office of Vital Records at:

South Dakota Department of Health

What Information Do South Dakota Divorce Records Include?

South Dakota divorce records are publicly accessible. They contain details about marriages that have been legally dissolved in the state, which is important for historical or legal reference and administrative purposes. The content of the divorce record issued depends on the agency you are requesting from and the nature of the record requested. Here is some of the information contained in South Dakota divorce records:

• Names of the parties
• Case or docket number
• County or judicial circuit where the divorce was filed and finalized
• The date and place of the marriage
• The date the divorce was filed
• The divorce decree date
• The length of the marriage
• The grounds for the divorce
• The names of the parties' legal representatives
• The judge's name and signature
• The type of divorce, whether contested or uncontested, fault-based or no-fault
• Financial disclosures, such as assets and debts
• Spousal support awards (the amount and duration)
• Child support and visitation agreement
• Property sharing agreement
• Court transcripts
• Evidence used in court
• Affidavits and petitions
• The court's seal

Procedures for Locating Divorce Records in South Dakota

South Dakota divorce records may be accessed through the Circuit Court or the Clerk of Courts in the county where the case was finalized. These records are also maintained by the Vital Records office, which provides access to divorce certificates dating back to 1905. The public may access these records by submitting requests in person or sending requests via mail. There are also official online platforms for divorce records searches, such as the Department of Health's Vital Records website or the state's South Dakota Court Records Access platform.

Record Source	Platform	Years Covered	Access Type	Fees
Vital Records Office	South Dakota Department of Health	1905 to date	Divorce Certificates	$15
South Dakota Judiciary	South Dakota Court website or Circuit Court Clerk's office	Varies depending on the county	Divorce decrees and court case files	$2 per page, $15 for certified copies
State Archives	South Dakota State Archives	Historical records	Public research access	Free or minimal administrative fee depending on the nature of the request

How to Request Certified Copies of Divorce Records in South Dakota

Certified copies of divorce records refer to official documents issued by a government agency that show the authoritative signature and seal. They differ from informational copies because they may be presented in an official setting and are recognized for administrative use in cases of name changes and confirming eligibility for remarriage. Certified divorce records in South Dakota may be obtained from the relevant Circuit Court or the Vital Records Office by following these steps:

Step 1: Identify the type of record

The nature of the records you need usually determines where you typically obtain them from. Court documents and divorce decrees are exclusively maintained by the Circuit Court, while the divorce certificates are maintained by the Vital Records Office.

Step 2: Prepare your records request

Ensure that the request is completed in the agency's required format. The Forms and File Search website provides access to various forms used to request South Dakota Court records, while the Vital Records website provides a form for you. Ensure the forms are properly completed with all relevant details included, such as the names of the parties and the case number.

Step 3: Submit your request and pay any required fees

Record requests may be submitted in person or sent via mail. Requests submitted in person may be accompanied by a cash payment of any required fees, such as copy fees. Mail requests may also be sent with the required payment for processing the request. Ensure that the payment is in accordance with the agency's available payment options. Certified copies of divorce records generally cost $15, but local court fees, such as $2 per page, may apply. Your records request should also include a copy of your ID. This typically aids the records custodian in confirming whether you are authorized to access the documents requested.

Step 4: Wait for processing

Court record requests in South Dakota are usually resolved the same day for simple requests, while complex requests may take a few business days. The Vital Records Office usually requires between 2 and 5 weeks to process requests, especially for mail-in requests. This includes the time for a return mail with copies of the records for persons who include a self-addressed stamped envelope in their mail package.

Copy Type	Where to Request	Who may Order	Legal Use
Certified Certificate	South Dakota Department of Health, Vital Records Office	The parties, their legal representatives, or anyone with court authorization	Proof of a legally ended marriage for official or administrative purposes, such as remarriage, name changes, or ID information update
Certified Decree	County Clerk of Courts or Circuit Court where the case was finalized	The parties, their attorneys, or court-authorized persons	Proof of divorce for the enforcement of agreements and obligations such as alimony, property division, child custody, and support
Informational Copy	South Dakota State Archives or Vital Records	The general public	For personal or historical reference

Why Search for Divorce Records in South Dakota?

South Dakota divorce records contain publicly accessible information, such as basic details about the case, and restricted information, such as financial details. These records are maintained in the court where the case was finalized or by the Department of Health. Divorce records may be searched and obtained for personal and administrative purposes, which include the following:

• To provide proof that the marriage has been dissolved
• To show eligibility for remarriage
• To enforce agreements and obligations such as child support, alimony, and child visitation
• For name changes after the divorce
• To update information on government-issued IDs and insurance records
• For legal reference in a similar case or an appeal
• For immigration or residency applications
• To confirm an individual's marital status
• To enforce property division agreements
• To update the property mortgage or deed
• For historical or genealogical research
• For background checks in some contexts
• To update life or health insurance subscriptions
• To update beneficiaries on estate documents or accounts

How Long Are Divorce Records Kept in South Dakota?

Divorce records do not have an expiration date based on the passage of time. These records are maintained perpetually in court and state archives. The Office of Vital Records provides access to divorce records dating back to 1905. The type of record or agency in custody also determines the duration for which they are typically stored. Divorce certificates may be transferred to the South Dakota State Archives after a certain period, usually after 75 years. The court records are maintained perpetually but are typically also moved to the State Archives after a certain period, usually between 25 and 50 years, depending on county policy. However, recent records may be easily accessed through these agencies using record requests. Divorce records are also digitized and stored in online archives for long-term and safe storage.