Codington County Public Records /Codington County Divorce Records

Codington County Divorce Records

How To Find a Divorce Record In Codington County in 2026

CodingtonRecords.us provides access to publicly available information related to divorce records in Codington County, South Dakota. Members of the public may find case numbers, filing dates, party names, final decrees, and related court documents. Available record categories may include dissolution of marriage filings, final judgments, parenting plans, property settlement agreements, and post-judgment modification orders. Access and completeness of records may vary depending on the age of the case and applicable confidentiality provisions.

Records may be searched through official resources including the Codington County Clerk of Courts, the South Dakota Unified Judicial System online portal, public access terminals at the courthouse, and the South Dakota Department of Health Vital Records office.

Online Searches

1. Clerk of Court Case Search

The South Dakota Unified Judicial System provides South Dakota court records access through its online portal. This is the most common method for locating divorce case information. Basic case information is available at no charge; fees apply for obtaining copies of documents.

2. State Court System Portal

The eCourts.sd.gov portal allows members of the public to search court records across South Dakota jurisdictions from a consolidated database. As noted on the portal, "Certain records may not be available in accordance with Federal and State statutes and the Rules Governing the Unified Judicial System or by court order."

3. State Vital Records

South Dakota registers divorce records through the Department of Health. Members of the public may order vital records including divorce certificates in person, by mail, online, or by phone. Divorce certificates issued by the state provide summary-level information and differ from the full court case file maintained by the Clerk of Courts.

In-Person Searches

Clerk of Courts — Codington County Courthouse

Codington County Clerk of Courts
14 1st Ave SE
Watertown, SD 57201
Phone: (605) 882-6300
Codington County Official Website

Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
Services available in person:
- Search case files by party name or case number
- View documents at public access terminals
- Request certified copies of final decrees and orders
- Staff assistance for locating records

By Mail

Written Request:

Mail to: Codington County Clerk of Courts, 14 1st Ave SE, Watertown, SD 57201
Include the following in the written request:
- Full names of both parties
- Approximate date of divorce
- Case number (if known)
- Requestor's contact information
- Purpose of request (if required)
- Payment for applicable copy fees
- Self-addressed stamped envelope for return correspondence
Processing time: Requests are processed within approximately 1–2 weeks, depending on volume and record age.

By Phone

Limited Information Available:

Clerk of Courts: (605) 882-6300
Staff may confirm:
- Whether a case exists
- Case number
- Case status
- Filing date
Staff cannot provide:
- Detailed document contents by phone
- Copies of documents
- Confidential or restricted information

Through Attorneys

An attorney licensed in South Dakota may access court records on behalf of a client, request sealed documents upon a proper showing, and assist with complex or older cases. Members of the public seeking legal representation may consult the South Dakota State Bar for attorney referral services.

Information Needed for Search

Essential Information:

Full legal names of both spouses
Maiden names, if applicable
Approximate date of divorce or filing
Case number, if known

Helpful Information:

Date and location of marriage
Previous addresses in South Dakota
Names of attorneys of record, if known

Search in Correct County

Divorce proceedings in South Dakota are filed in the county where either spouse resided at the time of filing. Members of the public should search the county of residence rather than the county where the marriage occurred, unless the parties also resided there. If the county of filing is uncertain, multiple counties may need to be searched.

Under § 25-4-30 of the South Dakota Codified Laws, one spouse must have been a resident of South Dakota for at least sixty days immediately preceding the commencement of the action, and the action must be brought in the county where either party resides.

Time Considerations

Recent Divorces:

Records may not appear in online systems immediately following a final hearing
Allow several days to weeks for processing after the final judgment is entered
Contact the Clerk of Courts directly to confirm availability

Older Divorces:

Records predating electronic filing may be archived in paper format
Digitization of older records varies; additional retrieval time may be required
Staff can advise on the process for requesting archived case files

What If You Cannot Find a Record

Common Issues:

Incorrect county searched
Name variations between married and maiden names
Spelling differences in party names
Case still pending and not yet finalized
Very old records held in off-site storage
Case sealed or subject to confidentiality order

Next Steps:

Contact the Clerk of Courts at (605) 882-6300
Attempt alternate name spellings
Search under both spouses' names
Check the South Dakota vital records office for a divorce certificate
Consult an attorney for assistance with sealed or difficult-to-locate records

What Are Codington County Divorce Records?

Codington County divorce records are official court documents generated during and after dissolution of marriage proceedings filed in the Codington County Circuit Court. These records constitute part of the family law court file and are maintained by the Clerk of Courts as public records, subject to applicable confidentiality provisions under South Dakota law.

Types of Divorce Records

Court Case Files

The complete court case file includes all documents filed by the parties and issued by the court throughout the proceeding:

Petition for dissolution of marriage
Response or answer to the petition
Financial affidavits from both parties
Parenting plans and custody agreements
Marital settlement agreements
Motions, responses, and court orders
Transcripts of court hearings
Final judgment of dissolution

Final Decree

The final decree of dissolution is the official court order terminating the marriage. It serves as legal proof of divorce and establishes:

The date the marriage was legally dissolved
Division of marital property and debts
Alimony or spousal support terms, if any
Child custody and parenting time arrangements, if applicable
Child support orders, if applicable
Restoration of a former name, if requested

Certified copies of the final decree are available through the Clerk of Courts.

Supporting Documents

Original marriage certificate (submitted as exhibit)
Financial disclosure documents
Property inventories and appraisals
Post-judgment modification orders
Qualified Domestic Relations Orders (QDROs) for retirement account division

Purpose of Divorce Records

Legal Purposes:

Proof of marital status for remarriage
Name change documentation
Property transfer and title recording
Estate planning and beneficiary designations
Immigration proceedings
Social Security benefit claims

Personal Purposes:

Genealogical and family history research
Personal record-keeping
Verification of divorce terms and obligations

Who Maintains Divorce Records

The Clerk of Courts for Codington County is the primary custodian of divorce case files and provides certified copies upon request. The South Dakota Department of Health Vital Records office maintains divorce certificates at the state level, which contain summary information rather than the full case file.

Legal Framework

Divorce proceedings in South Dakota are governed by § 25-4-2 of the South Dakota Codified Laws, which establishes the grounds for dissolution of marriage, including irreconcilable differences as the primary no-fault ground. Public access to court records is governed by the South Dakota open records statutes and the Rules Governing the Unified Judicial System, which establish a presumption of public access while providing for specific categories of protected information.

Are Codington County Divorce Records Public?

Divorce records filed in Codington County are public court records under South Dakota law. Members of the public may access basic case information, docket entries, court orders, and final decrees without demonstrating a specific need. However, certain categories of information within a divorce file are restricted or redacted to protect sensitive personal and financial data.

What Is Public:

Case number and filing date
Names of the parties (petitioner and respondent)
Names of attorneys of record
Court hearing dates and times
Court orders and judgments
Final decree of dissolution
Property division orders
General case status and docket entries

What May Be Restricted:

Financial Information:

Social Security numbers (redacted from public filings)
Bank account and credit card numbers (redacted)
Detailed tax returns (may be filed under seal or with restricted access)
Salary and income details (subject to partial restrictions in some cases)

Children's Information:

Addresses where minor children reside
Schools children attend
Medical and psychological evaluation records
Child custody evaluations (may be sealed by court order)
Guardian ad litem reports (restricted access)

Sensitive Personal Information:

Domestic violence allegations and supporting evidence
Mental health and substance abuse treatment records
Medical records submitted as exhibits
Personal addresses of parties in domestic violence cases

Sealed Records

A court may seal all or part of a divorce case file upon a showing of good cause. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. Mediation communications are confidential under South Dakota law and do not become part of the public court record.

Who Can Access Records:

Requestor	Level of Access
General public	Public documents, docket entries, final decree
Parties to the case	Full access to their own case file
Attorneys of record	Full access; may petition for sealed records
Law enforcement	Statutory access to restricted records
Researchers and media	Public portions; court permission required for sealed records

Restrictions on Use

Members of the public who obtain divorce records may not use them for stalking, harassment, identity theft, or any purpose that violates a protective order. Permitted uses include legal proceedings, background research, genealogical research, news reporting protected by the First Amendment, and personal verification of one's own records.

Obtaining Confidential Records

A party seeking access to sealed or restricted records must file a motion with the court demonstrating a legitimate legal need. The court applies a balancing test weighing the public interest in transparency against the privacy interests of the parties and any minor children involved. Certain entities, including child protective services and law enforcement agencies, have statutory authority to access restricted family law records without a court motion.

How Much Does It Cost to Get Divorce Records in Codington County?

The Codington County Clerk of Courts charges standard fees for copies and certified copies of court records. Under South Dakota law, fees for court records are established by the Unified Judicial System and apply uniformly across the state's circuit courts.

Current Fee Schedule:

Service	Fee
Plain copy (per page)	$0.20 per page
Certified copy of court document	$2.00 per document plus $0.20 per page
Certification seal	Included in certification fee
Search fee (in-person or mail)	No separate search fee
Electronic copy (if available)	Varies; contact Clerk for current rate

Inspection of public court records at the courthouse is available at no charge during regular business hours.
Certified copies of the final decree of dissolution are the most commonly requested documents and are subject to the certification fee noted above.
The South Dakota Department of Health charges a separate fee for divorce certificates ordered through the vital records office. Members of the public may review the current fee schedule when they order vital records through the state portal.

Accepted Payment Methods:

Cash (in-person requests)
Check or money order payable to Codington County Clerk of Courts (mail requests)
Credit or debit card (availability subject to confirmation with the Clerk's office)

Fee Waivers

Fee waivers for court record copies are not routinely available to the general public. Parties who are proceeding in forma pauperis in an active case may petition the court for waiver of certain fees pursuant to applicable court rules. Members of the public with questions about fee waiver eligibility should contact the Clerk of Courts directly at (605) 882-6300.

What's Included in Divorce Records in Codington County

A complete divorce case file maintained by the Codington County Clerk of Courts contains all documents filed by the parties and issued by the court from the date of initial filing through the entry of the final judgment and any post-judgment proceedings.

Basic Case Information:

Case number, court name, and division
Names of petitioner and respondent
Judge assigned to the case
Attorneys of record and their contact information
Filing date and case type designation

Initial Pleadings:

The petition for dissolution of marriage sets forth the petitioner's identifying information, the date and location of the marriage, the date of separation if applicable, the grounds for divorce, information regarding minor children, claims regarding marital property, and the relief requested. The respondent's answer or response states the respondent's position, admissions or denials of the petition's allegations, and any counterpetition for relief.

Financial Affidavits:

Both parties are required to submit financial affidavits disclosing income from all sources, monthly expenses, assets including real property, vehicles, bank and investment accounts, and retirement accounts, as well as all liabilities including mortgages, loans, and credit card debt.

Property-Related Documents:

Marital asset inventory with descriptions and values
Debt inventory
Real property appraisals
Business valuations, if applicable
Expert reports on asset values

Children-Related Documents (if applicable):

Parenting plan establishing legal and physical custody
Timesharing schedule including regular, holiday, and summer provisions
Child support calculation worksheet
Income information for both parties
Health insurance and childcare cost documentation
Child support order specifying amount, payment method, and schedule
Custody evaluations, if ordered by the court (may be sealed)
Guardian ad litem reports, if a guardian was appointed (restricted access)

Support Documents:

Alimony or spousal support order specifying type, amount, duration, and termination conditions
Income and standard-of-living analysis supporting the support determination

Settlement Documents:

The marital settlement agreement is a comprehensive written agreement resolving all issues in the divorce, including property division, debt allocation, spousal support, and child-related provisions. If the parties participated in mediation, a mediation agreement may be incorporated into the settlement agreement. Mediation communications themselves are confidential and do not appear in the public record.

Court Orders and Judgments:

Temporary orders for custody, support, and use of property during the pendency of the case
Temporary restraining orders or injunctions, if issued
Final judgment of dissolution containing the court's findings of fact, conclusions of law, and all orders resolving the case
Qualified Domestic Relations Order (QDRO), if retirement accounts were divided

Post-Judgment Documents (if applicable):

Petitions to modify custody or support
Court orders on modification requests
Contempt motions and orders
Income deduction orders for support enforcement

What Is Typically Confidential or Redacted:

Social Security numbers and financial account numbers (redacted from all public filings)
Addresses and schools of minor children
Mental health and substance abuse evaluation records
Domestic violence evidence (may be sealed)
Mediation communications
Trade secrets in business valuation documents

How the File Is Organized:

Documents are filed in chronological order and indexed by document type and filing date. Recent cases are maintained in electronic format through the South Dakota eCourts system. Older cases may exist in paper format or as scanned images. The docket sheet provides a complete chronological index of all documents in the file.

How to Get Proof of Divorce in Codington County?

Proof of divorce in Codington County may be obtained in two primary forms: a certified copy of the final decree of dissolution from the Clerk of Courts, or a divorce certificate from the South Dakota Department of Health. Each serves different purposes, and the appropriate document depends on the requestor's need.

Certified Copy of Final Decree (Clerk of Courts)

A certified copy of the final decree is the most comprehensive proof of divorce and is accepted for legal proceedings, property transfers, name changes, and immigration purposes.

Submit a request in person or by mail to the Codington County Clerk of Courts, 14 1st Ave SE, Watertown, SD 57201
Provide the full names of both parties, the approximate date of divorce, and the case number if known
Pay the applicable certification fee ($2.00 per document plus $0.20 per page)
Certified copies bear the court seal and the Clerk's signature

Divorce Certificate (South Dakota Department of Health)

The South Dakota Department of Health issues divorce certificates as part of its vital records program. A divorce certificate provides summary information including the names of the parties, the date of dissolution, and the county of filing. It does not contain the full terms of the decree.

Members of the public may request a divorce certificate through the South Dakota vital records office by mail, in person, online, or by phone.

South Dakota Department of Health — Vital Records
600 E Capitol Ave
Pierre, SD 57501
Phone: (605) 773-4961
South Dakota Department of Health

Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
Eligible requestors include the parties to the divorce, their legal representatives, and persons with a direct and tangible interest in the record

Online Access

Members of the public may search for case information and access available electronic documents through the South Dakota court records access portal maintained by the Unified Judicial System. This portal provides docket information and, for cases filed electronically, access to filed documents. Certified copies must be obtained directly from the Clerk of Courts.

Can a Divorce Be Confidential in Codington County?

A divorce proceeding in Codington County may be subject to confidentiality protections under specific circumstances established by South Dakota law and court rules. While the default rule is public access, courts retain authority to seal records or restrict access upon a proper showing.

Circumstances Under Which Records May Be Confidential:

Domestic violence cases: Addresses and identifying information of protected parties may be withheld from public filings to prevent harm.
Sealed by court order: A party may petition the court to seal all or part of the case file upon demonstrating that the privacy interest outweighs the public interest in access. The court evaluates each request individually.
Children's information: Under § 26-7A-115 of the South Dakota Codified Laws, certain information relating to minor children in family law proceedings may be protected from public disclosure.
Mental health and medical records: Records submitted as exhibits that contain protected health information may be filed under seal or with restricted access.
Mediation communications: South Dakota law treats mediation communications as confidential; they do not become part of the public court record.
Confidential settlement terms: Parties may agree to keep specific settlement terms confidential, subject to court approval.

Members of the public seeking to seal a divorce record must file a motion with the Codington County Circuit Court and demonstrate good cause. The opposing party receives notice and an opportunity to respond before the court rules on the motion.

How Long Does Codington County Keep Divorce Records?

Codington County divorce records are retained for extended periods consistent with South Dakota court records retention schedules and the permanent nature of final judgments affecting marital status and property rights.

Retention Periods:

Final judgments and decrees: Retained permanently. Final decrees of dissolution are permanent court records and are not subject to routine destruction.
Complete case files: Retained for a minimum of ten years following the close of the case for most civil family law matters, with permanent retention for cases involving final judgments.
Post-judgment modification records: Retained as part of the original case file for the same period applicable to the underlying case.
Electronic records: Cases filed through the South Dakota eCourts system are maintained in the electronic court record system indefinitely.
Paper records: Older paper case files may be transferred to off-site storage or converted to microfilm or digital format. Retrieval of archived records may require additional processing time.
Vital records (divorce certificates): The South Dakota Department of Health retains divorce certificates permanently as part of the state's vital records system.

South Dakota court records retention is governed by administrative rules of the Unified Judicial System. Members of the public seeking records from cases closed more than ten years ago should contact the Clerk of Courts at (605) 882-6300 to confirm availability and retrieval procedures for archived files.