Divorce Courts in Lincoln County, SD
| Court Name | Location | Phone | Hours | Judge(s) |
|---|---|---|---|---|
| Lincoln County Courthouse | 104 N Main St, Canton, SD 57013 | (605) 987-5891 | 8:00 am – 5:00 pm, Mon–Fri | Judge Tim Bjorkman |
| Lincoln County Clerk of Courts | 104 N Main St Suite 110, Canton, SD 57013 | (605) 987-5891 | 8:00 am – 5:00 pm, Mon–Fri | Judge Patrick Schroeder |
Lincoln County Divorce Filing Fee
The average base filing fee in Lincoln County for a divorce is approximately $95. The service fee is typically $50 per defendant if using sheriff’s service. You can contact the Lincoln County Clerk of Courts office at (605) 764-5781 to get more accurate information.
Residency Requirements
To file for divorce in Lincoln County, South Dakota, at least one spouse must have lived in South Dakota for 60 days before filing. Both spouses do not need to reside in Lincoln County specifically, but residency in South Dakota is required. Proof of residency can include a driver’s license, voter registration, or a lease agreement.
How to File for Divorce in Lincoln,South Dakota
1. Prepare Your Divorce Forms
Gather all necessary paperwork including your marriage certificate, financial records, property deeds, and information about shared assets and debts. For couples with children, collect birth certificates and prepare details about custody preferences and support arrangements.
2. Complete Required Forms
Fill out the official divorce complaint forms, domestic relations information sheet, and summons. If children are involved, you’ll need additional forms including the child support information sheet. Forms must be complete and accurate to avoid rejection.
3. Submit Paperwork to the Court
Submit all completed and signed divorce documents to the Clerk of Court in your county. Once your forms are filed and the fee is paid (or waived), the court will assign a case number to your divorce. A judge will also be assigned to review your case and issue the final divorce judgment.
4. Serve Your Spouse With Papers
Legally notify your spouse about the divorce filing through sheriff’s service, certified mail, or a private process server. Your spouse has a limited period to respond to the complaint. This step is crucial as the divorce cannot proceed until proper service is documented with the court.
What Are My Options for Filing for Divorce?
1. Online Divorce Service (Best Option – DivorceCanBeSimple.com)
The easiest and most affordable way is through an online service like DivorceCanBeSimple.com . You just answer a few simple questions, and the system fills out all the required divorce forms for you. Everything is done step by step, so you don’t have to worry about mistakes. Once you finish, you can download and file your papers with the court. This option works best for couples who agree on all terms and want to save time and money.
2. Divorce With a Lawyer
Hiring a lawyer usually costs much more than using an online service, but it can be worth it in certain cases. You should consider getting a lawyer if you and your spouse disagree about property, child custody, or support. A lawyer can explain your rights, handle complex paperwork, and represent you in court. To find one, try trusted websites like Avvo.com or FindLaw.com, where you can read reviews and compare local attorneys.
3. DIY Divorce (Do-It-Yourself)
You can also file for divorce on your own without outside help. This means finding the right court forms, filling them out carefully, and filing them yourself. It’s the lowest-cost option, but it requires time, patience, and attention to detail. Be sure to follow the instructions on your court’s website to make sure everything is correct before filing.