When you need to access South Dakota divorce records, knowing how the state maintains and distributes these vital records becomes essential. Whether you're applying for a new marriage license, changing your name, challenging divorce terms, or simply need documentation of your divorce, South Dakota provides several methods for obtaining the records you need.
What Are South Dakota Divorce Records?
Divorce records in South Dakota document the legal dissolution of marriages within the state. The availability and function of these records depend on the type of document you request and your relationship to the divorce.
Three Types of Divorce Documentation
The State of South Dakota maintains divorce records in three distinct formats, each serving different purposes and containing varying levels of information.
Divorce Certificates
Divorce certificates are vital records issued by South Dakota Vital Records confirming that a divorce occurred. These certificates include the names of both parties and the date, time, and location at which the divorce took place. South Dakota divorce certificates are available for events that occurred within the state from July 1, 1905, to the present.
Certified copies of divorce certificates are typically only available to involved parties such as the two divorced individuals, their children, and any attorneys involved in the case. People most often request these certificates when one of the divorced parties wishes to change their name or obtain a new marriage license.
Divorce Decrees
Divorce decrees contain significantly more information than divorce certificates. A divorce decree includes the judge's overall decisions and terms of the divorce, along with a case number and signature. The agreements listed in this document include alimony arrangements, child custody agreements, spousal and child support obligations, visitation schedules, and allocation of debt and property.
You'll most often need a divorce decree when one of the parties wishes to challenge any agreements contained within it. Divorce decrees are held and maintained by circuit court clerks and, similar to divorce certificates, are generally only available to involved parties.
Complete Divorce Records
A complete divorce record represents a full court record documenting an entire divorce case. It contains all the information from both certificates and decrees, plus transcripts and testimonies created during the divorce process. These comprehensive records are maintained by the court clerk in the courthouse where the divorce was finalized.
Complete divorce records are generally considered public but may still be sealed under the order of a court rule or statute.
How Divorces Work in South Dakota
Before diving into how to obtain divorce records, it helps to know how divorces are processed in South Dakota, as this affects where records are kept and how they're generated.
South Dakota's Divorce Rate and Grounds
According to the United States Census Bureau, South Dakota's divorce rate is 12.1, much higher than the national average. Under state law, South Dakota recognizes nine grounds for divorce: adultery or cheating, extreme cruelty such as injury or mental suffering, willful desertion, willful neglect, habitual intemperance, conviction of a felony, chronic mental illness, or irreconcilable differences (as long as both parties agree).
Types of Divorce Proceedings
South Dakota recognizes several types of divorce proceedings, each generating different documentation.
Default Divorce
Default divorce occurs when one party files for divorce in South Dakota and the other party fails to respond or contest any agreements within the petition, such as alimony, property allocation, and child custody. This type of divorce is granted on one spouse's testimony alone.
Stipulation Divorce
A stipulation allows both parties to collaborate and come to mutual agreements. Both parties agree on the terms and sign a "stipulation" document. This case is handled similarly to a default divorce, with the document being sufficient grounds for a judge to grant a divorce without further hearings.
It's also possible to petition for divorce by stipulation without both parties appearing before a judge, as long as both parties consent to this and agree that the grounds for divorce are irreconcilable differences.
Contested Divorce
Contested divorce is the most complex type, and the finalization process may take longer than others. This process begins when one spouse files for divorce, but disputes or disagreements exist regarding the divorce terms. A trial is held, and a judge makes decisions about the terms of divorce based on evidence and testimony from both parties or witnesses.
Separate Maintenance vs. Annulment
In South Dakota, there's no legal separation, but there's a procedure called separate maintenance. The process is similar to a divorce, as one or both parties must file for it, but the marriage is not dissolved, and the case is not taken to court. If, after separate maintenance is achieved, one or both parties wish to dissolve the marriage, they must go through the process again to achieve legal divorce.
Annulment is another option often confused with divorce. A marriage is annulled when it's found to have been void from the beginning. It's finalized as if the marriage had never happened. Grounds for annulment include proof that one or both parties were of unsound mind, forced, physically incapacitated, or fraudulent when the marriage occurred.
Are South Dakota Divorce Records Public?
Access to divorce records in South Dakota varies depending on the type of record you're trying to access and your relationship to the divorce.
What South Dakota Public Records Law Says
South Dakota Public Records Law 1-27 mandates that information contained in divorce records that includes personal information about minors, victims of abuse, and financial or poverty information be redacted or sealed. If the record is partially redacted, members of the public should be able to access and view it, although the personal nature of the records themselves may make this problematic.
Who Can Access Divorce Records
Certified copies of South Dakota divorce certificates and decrees are typically restricted to:
- The two divorced individuals
- Their children
- Parents or guardians
- Next of kin
- Authorized representatives
- Attorneys involved in the case
Proof of relationship may be required at the time of request. Complete divorce records maintained by courts are generally considered public, though they may be sealed under court order or statute.
Where South Dakota Divorce Records Are Kept
South Dakota maintains divorce records through two primary government systems, each serving different purposes and maintaining different types of documentation.
South Dakota Department of Health Vital Records
The South Dakota Department of Health maintains divorce certificates as part of the state's vital records system. This office issues certified copies of divorce certificates for events occurring in South Dakota from July 1, 1905, to the present.
The office is located at: South Dakota Department of Public Health Vital Records 207 E Missouri Avenue, Suite 1A Pierre, SD 57501
Business hours are 8 a.m. to 5 p.m. Central Time, Monday through Friday.
Circuit Court Clerk Offices
Circuit county clerks hold and maintain divorce decrees and complete divorce records. These records are kept at the courthouse where the divorce was finalized. To access divorce decrees or complete divorce records, you need to figure out where the divorce was finalized and visit or contact that courthouse.
You can use the South Dakota Court Finder Search tool on the South Dakota Judicial System website to locate the appropriate courthouse.
Register of Deeds Offices
County Register of Deeds offices are also authorized to issue copies of South Dakota vital records, including divorce certificates. For example, Minnehaha County's Register of Deeds office can issue divorce certificates for divorces occurring anywhere in South Dakota.
How to Request South Dakota Divorce Certificates
The Dakota Department of Health and county Register of Deeds offices provide several methods for requesting certified copies of divorce certificates.
Ordering Divorce Certificates In Person
To request copies of a divorce certificate in person, visit the South Dakota Vital Records office or any Register of Deeds office and provide valid identification, such as a driver's license, state ID, or passport.
Steps for In-Person Requests
Download and print the vital records application form from the South Dakota Department of Health website to save time. Fill out this form completely and pay the necessary fee of $15 per copy. This is payable in person by cash, money order, or check.
You can visit: South Dakota Department of Public Health Vital Records 207 E Missouri Avenue, Suite 1A Pierre, SD 57501
You can also visit other Register of Deeds offices throughout the state to access divorce certificates.
Requesting Divorce Certificates By Mail
To request divorce certificates by mail, find and print the application form from the South Dakota Judicial System website. Once filled out, it must be signed in the presence of a notary public and sent by mail, along with the necessary fees, to:
South Dakota Department of Public Health Vital Records 207 E Missouri Avenue, Suite 1A Pierre, SD 57501
Include a self-addressed stamped envelope along with your money order made payable to the South Dakota Department of Public Health. Cash payment is preferred for copies of vital records, but mail requests require money orders.
Ordering Online or By Phone Through VitalChek
For your convenience, you can process phone or online requests through VitalChek Network, Inc., an independent company that the South Dakota Department of Health has partnered with to provide expedited service.
VitalChek is the only third-party vendor authorized by the South Dakota Department of Health to accept orders for South Dakota vital records.
How to Use VitalChek
Place your order by visiting www.vitalchek.com or by calling 605-773-4961. All major credit cards are accepted, including American Express, Discover, MasterCard, and Visa. The credit card must be in your name for security purposes.
Online orders and those over the phone include additional expedited fees beyond the standard $15 search fee.
Fees and Payment for South Dakota Divorce Records
Before requesting divorce records, you should know about the fees involved and payment options available.
Standard Search Fee
A $15 search fee is applicable for all certificates requested from South Dakota Vital Records. This fee is required before any search. If no record is located, the fee is non-refundable, and you will be issued a Notification of Records Searched.
Additional Fees for Expedited Service
Online orders and those over the phone through VitalChek include additional expedited fees beyond the standard $15 search fee. These fees cover the convenience of faster processing and delivery.
Payment Methods
When requesting records in person, you can pay by:
- Cash (preferred)
- Money order
- Check
- Debit or credit card (with additional expedited fee)
For mail requests, include a money order made payable to the South Dakota Department of Public Health or the specific Register of Deeds office you're contacting.
For online or phone orders through VitalChek, all major credit cards are accepted.
How to Access Divorce Decrees and Court Records
While divorce certificates come from South Dakota Vital Records, divorce decrees and complete court records require a different process through the court system.
Locating the Right Courthouse
In South Dakota, circuit county clerks hold and maintain divorce decrees and complete divorce records. To access these records, you need to determine where the divorce was finalized.
Use the South Dakota Court Finder Search tool on the South Dakota Judicial System website. You'll need information about the divorce, such as:
- Case number
- Names of both parties involved
- Case status
- Approximate date the case was filed or finalized
Accessing Records at the Courthouse
Many South Dakota courthouses have terminals where you can access and view public records. If you need to obtain a copy (not just view the record), you must request it from the court clerk's office.
Fees and Identification Requirements
Requests require searching and copying fees, and you must provide copies of valid identification. If a record is requested but cannot be found due to the record being sealed by the court, there are no refunds.
What You Can't Get From Courts
Divorce decrees can only be requested from the Clerk of Courts in the county where the divorce was filed. However, divorce certificates cannot be obtained from the courts—those only come from the South Dakota Department of Health Vital Records office or Register of Deeds offices.
Important Restrictions and Limitations
Several important restrictions apply to South Dakota divorce records that you should know before making requests.
Copies cannot Be Faxed or emailed
The South Dakota Department of Health does not fax or email copies of divorce records. You must receive physical certified copies either in person, by mail, or through VitalChek's expedited delivery service.
Tribal Divorces Require Direct Contact
Tribal marriage and divorce records can only be obtained directly from the tribe, not through the South Dakota Department of Health or county offices.
Records Only for South Dakota Events
South Dakota's Office of Vital Records only holds records for events occurring in South Dakota. If your divorce occurred in another state, you must contact that state's vital records office. You can visit the National Center for Health Statistics website for contacts in other states.
Juvenile Cases Are Confidential
The resources provided for accessing court records are exclusively for adult matters, as juvenile cases are confidential and cannot be disclosed to the public. Criminal juvenile cases will not be included in any record searches.
Genealogy Requests
Genealogy requests should be mailed to the State Office. No online or over-the-phone orders are accepted for genealogical research purposes.
Other Vital Records Available in South Dakota
The South Dakota Department of Health maintains several types of vital records beyond divorce certificates, all following similar request procedures.
South Dakota Birth Records
South Dakota birth records filed with the South Dakota Department of Health date back to approximately 1905. Birth records that are over 100 years old are available through online databases for genealogical research.
The birthing facility will submit your child's birth record information generally within 7 business days after the date of birth. The department suggests waiting 14 days after the date of birth to apply for a copy.
Death Certificates
Death records for deaths occurring in South Dakota from January 1, 1960, to the present may be issued by any South Dakota Register of Deeds office. The same $15 fee applies, and you must complete the South Dakota Vital Records Request form with proof of identification.
Marriage Certificates
Marriage records in South Dakota counties vary by when record-keeping began. Marriage certificates for marriages that occurred in South Dakota from 1950 to the present can be issued by any Register of Deeds office in the state, regardless of the county where the marriage occurred.
Burial Permits
Burial permits are records concerning a person's burial, issued and filed by the Register of Deeds in the county where the burial occurs. These records provide information such as name, date of death, type of disposition, location of burial, and name of the funeral home. There are no restrictions on searching these records.
Tips for Successful Record Requests
Following these practical tips helps ensure your South Dakota divorce record request proceeds smoothly.
Gather Required Information First
Before requesting records, collect all relevant information about the divorce:
- Full legal names of both parties
- Date of divorce
- County where divorce was finalized
- Case number (if available)
Having complete information helps clerks locate records quickly and reduces the chance of unsuccessful searches.
Choose the Right Record Type
Determine whether you need a divorce certificate, divorce decree, or complete divorce record before making your request. Each serves different purposes:
- Divorce certificate: For name changes, remarriage, or proof of divorce
- Divorce decree: For challenging terms or showing specific agreements
- Complete divorce record: For comprehensive documentation of the entire case
Allow Sufficient Processing Time
In-person requests at Vital Records or Register of Deeds offices are typically processed same-day if the record is located. Mail requests take longer, generally 2-4 weeks depending on volume.
Online orders through VitalChek offer expedited processing and delivery for additional fees.
Keep Copies of All Documentation
Maintain copies of your request forms, payment receipts, and any correspondence with vital records offices or courts. These documents prove you submitted proper requests and paid the required fees.
Getting Help with South Dakota Divorce Records
Whether you need a divorce certificate for remarriage, a divorce decree to understand or challenge terms, or complete court records for legal purposes, South Dakota provides multiple access points through the South Dakota Department of Health, Register of Deeds offices, and circuit court clerks.
The key to successful record requests lies in knowing which type of record you need, where that record is maintained, and what information and documentation you must provide. Most requests proceed smoothly when you provide complete information, proper identification, and the required fees.
If you encounter difficulties locating records or determining which type of documentation serves your needs, contact the South Dakota Vital Records office at the Department of Health. Their staff can answer questions about what's available and guide you through the request process to ensure you obtain the divorce records you need.