Each state has its residency requirements for filing a divorce lawsuit. The courts of South Dakota consider only those cases over which they have jurisdiction. Thus, to file for divorce in South Dakota, the plaintiff must be a resident of the state or be located within the state as a member of the armed forces.
Besides this, to obtain a final decision on divorce, the plaintiff must remain in South Dakota throughout the process of marriage dissolution. A petition can be filed in the county where at least one party currently resides.
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